Consent, Custom, and the Law in Debates around Forced Marriage at the Special Court for Sierra Leone

2016 ◽  
pp. 227-246
Author(s):  
MARIANE C. FERME
Keyword(s):  
2011 ◽  
Vol 11 (2) ◽  
pp. 217-239 ◽  
Author(s):  
Sara Wharton

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.


2008 ◽  
Vol 8 (3) ◽  
pp. 399-422 ◽  
Author(s):  
Kathryn Howarth

AbstractThis article examines the issues of a "fair trial" and "justice" at the Special Court for Sierra Leone. It considers these issues in a broad sense, from both the perspective of the accused and the victims, through the exploration of three specific topics: first, the idea of prosecuting "those bearing greatest responsibility" for crimes committed during the conflict in Sierra Leone, second, the first prosecution of the crime of recruiting child soldiers, and third, the first prosecution of forced marriage.


2019 ◽  
pp. 383-392
Author(s):  
Jane Sendall ◽  
Roiya Hodgson

This chapter discusses the following: the law regarding domestic abuse; practical issues arising from acting for clients facing domestic abuse; and the availability of remedies under the Family Law Act 1996. It also explains when funding may be available under legal aid for orders under the Family Law Act 1996. The concept of ‘associated persons’ is explained and the list of these is provided. Non-molestation orders under the Family Law Act 1996 are explained, as well as the test for a nonmolestation order, evidence, applications by children, and duration of an order. The remedies for clients escaping a forced marriage and criminal law remedies are discussed.


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