DOI: 10.1093/jcsl/krag012 ISSN: 1467-7962

The normalization of labour exploitation in war and post-conflict societies: legal, economic, and discursive dimensions

Nataliia O Cherevko

Abstract

This article examines the process of normalization of forced labour under martial law through the lens of international humanitarian law, international human rights law, and national regimes of extraordinary labour regulation. The aim is to conceptualize the mechanisms legitimizing labour exploitation during armed conflict and in post-conflict situations, and to identify legal ‘red lines’ that limit the derogation of labour rights. The methodology combines doctrinal analysis of international treaties (including the: ILO Conventions, Fourth Geneva Convention, the International Covenant on Civil and Political Rights, and the Rome Statute of the International Criminal Court), comparative legal analysis of national legislation (Ukraine, Syria, Myanmar, Israel), and an institutional approach to evaluating the practice of international bodies. Within the study, the ‘Normalization Triangle’ model was developed to explain the synergy of legal derogations, economic coercion, and discursive legitimization. The findings indicate that the greatest threat is not the temporary restriction of rights but the institutionalization of exceptional measures in the post-conflict period. The conclusions emphasize the necessity of clearly codifying the limits of ‘military necessity’, strengthening international accountability, and implementing effective judicial oversight to prevent the transformation of forced labour into a structural element of the wartime economy.

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