Close case readings focusing on the ICC support the theory that legal prostitution be recognized as a crime against humanity. Extensive social science research documents the coercion and damage attendant and endemic to the sex industry. Countries following the Swedish (now “Nordic/Equality”) prostitution model law, which penalizes buyers and third parties while supporting prostituted persons to escape, have decreased prostitution’s incidence, while countries in which prostitution is legalized have seen trafficking and other violative abuses metastasize.

This article analyzes in depth the prospect of holding authoritative actors accountable for legalized prostitution under the international legal rubric of crimes against humanity. It documents that legalized and fully decriminalized prostitution release a tsunami of crimes against humanity for which these policies guarantee domestic impunity. Empirical evidence marshaled shows that legal prostitution exponentially increases “widespread” and “systematic attacks” against prostituted persons, including “rape, enforced prostitution, enslavement, human trafficking, sexual slavery,” and other atrocities enumerated under international law and the Rome Statute of the International Criminal Court (ICC). © Catharine A. MacKinnon & Max Waltman 2025.