‘Don't kill them, let's choose them as wives': the development of the crimes of forced marriage, sexual slavery and enforced prostitution in international criminal law

2015 ◽  
Vol 20 (3) ◽  
pp. 386-406 ◽  
Author(s):  
Melanie O'Brien
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Forced Marriage ◽  
Sexual Slavery

The Evolution of International Criminal Law: Prosecuting 'New' Crimes before the Special Court for Sierra Leone

2011 ◽  
Vol 11 (2) ◽  
pp. 217-239 ◽  
Author(s):  
Sara Wharton
Keyword(s):  
Sierra Leone ◽  
Criminal Law ◽  
International Criminal ◽  
Child Soldiers ◽  
International Criminal Law ◽  
Forced Marriage ◽  
Sexual Slavery ◽  
International Court ◽  
The Law ◽  
Principle Of Legality

AbstractThe Special Court for Sierra Leone has been noted for becoming the first international court to convict accused of the crimes of sexual slavery, the use of child soldiers, 'forced marriage', and intentionally directing attacks against peacekeepers. This article analyzes how prosecutions of some of these supposedly 'new' crimes were found not to be in violation of the principle of legality, nullum crimen sine lege. In particular, this article will focus on the crimes of 'forced marriage', intentionally directing attacks against peacekeepers, and sexual slavery: the judgments in the RUF case (Prosecutor v. Sesay, Kallon and Gbao) and the AFRC case (Prosecutor v. Brima, Kamara and Kanu) together reveal two different processes through which the law has proven able to evolve and adapt to accommodate so-called 'new' crimes without violating the principle of legality.

The Expressive Nature of Law: What We Learn from Conjugal Slavery to Forced Marriage in International Criminal Law

2018 ◽  
Vol 18 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Annie Bunting ◽  
Izevbuwa Kehinde Ikhimiukor
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
International Criminal Law ◽  
Criminal Courts ◽  
Forced Marriage ◽  
Sexual Slavery

The March 2016 Confirmation of Charges Decision of the Pre-Trial Chamber of the International Criminal Court in Prosecutor v. Dominic Ongwen characterized the practice of forced conjugal association as the crime against humanity of ‘other inhumane acts’. This decision of the Pre-Trial Chamber comes amidst an unsettled jurisprudence on the legal characterization of the practice of forced conjugal association. The unsettled nature of the jurisprudence has led to inconsistencies in the legal characterization of forced conjugal association as either forced marriage as an ‘other inhumane act’ or sexual slavery, a variant of the general rubric of slavery. Accordingly, this article analyses the expressive effects of the labelling by contemporary international criminal courts and tribunals of forced conjugal association as either forced marriage as an ‘other inhumane act’ or slavery.

scholarly journals SEXUAL SLAVERY OF CHILDREN AS A WAR CRIME IN INTERNATIONAL CRIMINAL PERSPECTIVE

2020 ◽  
Vol 8 (10) ◽  
pp. 1171-1176
Author(s):  
N. Indriati ◽  
◽  
Wismaningsih a ◽  
Danial b ◽  
◽  
...  
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
Self Esteem ◽  
Criminal Court ◽  
Fundamental Rights ◽  
International Criminal Law ◽  
Individual Responsibility ◽  
Sexual Slavery ◽  
The Right

Child is a creature from God Almighty who needs to be protected by self-esteem and his dignity and is guaranteed for the right of his life to grow and develop according to his natural fate. Any form of treatment that interferes and impairs the fundamental rights in various forms of unauthorized utilization and exploitation must be discontinued without exception.This is a normative juridical research. The method of the research is statute approaches, that is analyzing sexual slavery in children as war crime, because many cases of completion can be done through international criminal court.The results showed that child is vulnerable to any crime of its form at his ag, and one of the war crimes is child sexual slavery, which are not a few children became victims. In international criminal law is known the term of individual responsibility, which means that the perpetrators of criminals either commander or soldier can be tried in the International Criminal Court established by Rome Statuteof 1998.

Forced Marriage during Conflict and Mass Atrocity

2017 ◽  
Author(s):  
Valerie Oosterveld
Keyword(s):  
Human Rights ◽  
Sierra Leone ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Forced Marriage ◽  
Refugee Law ◽  
Mass Atrocity

This chapter describes how forced marriage has been treated by international human rights law. It shows how non-consensual marriage has been overlooked in refugee law, even when evaluating claims by refugees fleeing conflict. The chapter also analyzes forced marriage in international criminal law, focusing on the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia. It demonstrates how international criminal law has introduced confusion over how to define and how to charge forced marriage. The chapter suggests that the lack of coherent analysis calls for more consideration of whether and how human rights, refugee, and criminal conceptions of forced marriage fit together, and advocates greater synergy and coherency.

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