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Forced Marriage Analysis

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The international court has handled a few cases that dealt with forced marriages, for example the Katanga case. The ICC equated forced marriage to sexual slavery which is a sub category of crimes against humanity. It is stated that forced marriage is a form of enslavement. There are still pending investigations involving forced marriage by the ICC. in both the Katanga and Ngudjolo cases neither of them were charged with forced marriage, this is because the trial chamber does not address separately any cases of forced marriage.’ Rather forced marriages are viewed as a distinct crime that falls under either the category of inhuman acts or sexual violence. In my opinion this is an omission on the part of the tribunal chambers as they are going …show more content…

Her conclusion is that forced marriage may well result in sexual slavery, but the conferral of status of marriage is per se an act of enslavement. Regardless of the human rights violation and the evident element of control over someone, It is not enough to be deemed slavery. I strongly agree with this view. Not interpreting slavery in a manner that is too expansive is important in order to keep the peremptory norm prohibiting slavery strong and in the course of the forced marriage, beyond the marital union. However the very conferral of marital status itself is not an exercise of power attaching to the right …show more content…

In my point of view I agree with the author and forced marriage should be considered a crime. The case law emerging from the SCSL is messy and contradictory, but is nevertheless significant, as it ruled in 2004 that the phenomenon of ‘bush wives’ constituted forced marriage and was not adequately covered by the existing crimes against humanity, a war crime or an act of genocide. Several difficulties are noticed with this decision, as the definition of forced marriage is dubious and the issue of whether forced marriage can be subsumed under the crime of sexual slavery is an uncertain point. A less detailed treatment of the case law of the Extraordinary Chambers in the courts of Cambodia is seen and the chapter might have benefited from sticking to the SCSL

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