Journal of International Criminal Justice · 2008 · 93 citations · 0 references
LawCriminal LawInternational LawCrimeInternational Criminal LawPublic International LawCrimes Against HumanityMarriageViolenceWar CrimesForced Marriage As PersecutionForced Marriage ClaimsKhmer Rouge RegimeLegal Characterization Of AtrocitiesOther Inhumane ActsSexual Slavery
Forced marriage is widespread in armed conflicts worldwide, yet its status as a distinct international crime has received limited scrutiny. The article examines whether forced marriage can be treated as a distinct crime, analyzing its classification by the Special Court for Sierra Leone and its differentiation from arranged marriages and sexual slavery. The study isolates the elements of forced marriage as a crime by comparing case studies from Sierra Leone and Cambodia under the Khmer Rouge.
Forced marriages are a pervasive feature of armed conflicts around the world, such as in Sierra Leone, Cambodia, Rwanda and Uganda. Despite forced marriage having been charged and recently affirmed as an international crime before the Special Court for Sierra Leone (SCSL), courts and commentators have paid little attention to examining its viability as a distinct category of crime in international law. This article analyses the SCSL's characterization of forced marriage as conduct subsumed within the category of other inhumane acts. It isolates the constituent elements of the crime of forced marriage through comparative case studies of Sierra Leone and Cambodia under the Khmer Rouge. The author addresses the issue of whether forced marriage can be distinguished from arranged marriages on the one hand, and sexual slavery on the other, to justify its prosecution as an ‘other inhumane act’ as part of crimes against humanity.