The practice of forcedmarriage — that is a marriage at least one of the spouses entered into against their will, as a result of some form of coercion exercised by another person — features high on the (political) agenda of different European institutions. The Council of Europe
impregnated and forced to give birth, or forced to abort their babies. 2 The Special Court for Sierra Leone (SCSL) was faced with the task of determining how this act of forcedmarriage ought to be legally qualified and visibly struggled with this difficult issue. In its first judgement, in the case against
* This article draws from the research and arguments made by the CSiW Project in amicus curiae submission to the Extraordinary Chambers in the Courts of Cambodia on ForcedMarriage. See Trial Chamber, Amicus Curiae Brief on ForcedMarriage, 29 September 2016, Case No. 002/19-09-2007- eccc / tc
research assistance, and Margaret Martin and two anonymous reviewers for their comments. ForcedMarriage and the Special Court for Sierra Leone: Legal Advances and Conceptual Diﬃ culties Valerie Oosterveld * Assistant Professor, Faculty of Law, University of Western Ontario London, Ontario, Canada vooster
Forced marriage is now being seen as the ‘new’ crime against humanity. In many major conflicts around the world, women are continuously raped, treated as chattel and have to endure very many other acts of sexual violence. Forced marriage is not a new crime. A large number of women are abducted in conflicts all over the world for the purpose of ‘marriage.’ However, the crime is new in the international criminal law arena due to the Special Court of Sierra Leone’s Appeals Chamber’s decision in the Armed Forces Revolutionary Council’s trial. This study analyses forced marriage as a crime against humanity. The study is of great significance to International Criminal Law because there are situations before the International Criminal Court (ICC) that have elements of forced marriage. Thus, the crime has to be studied and understood before it can be prosecuted. How the ICC interprets the crime will determine the progress of gender jurisprudence. The study concludes by urging for specific enumeration of the crime and thus gives a proposed definition and elements of the crime.
Source: Allain, Jean, “ForcedMarriage: Slavery Qua Enslavement and the Civil War in Sierra Leone,” in Jean Allain, Slavery in International Law: Of Human Exploitation and Trafficking , Leiden & Boston: Brill, 2013, 293–324.
In Chapters Three and Six the legal parameters of slavery and
kidnappings to terrorism was as wrongheaded and ill-conceived as enveloping the response in the rhetoric of counterterrorism. By contrast, central to estimating the likelihood of their return was the rich interwoven history of child trafficking and forcedmarriage in the sub-region. ngo , un , and us