Abstract

http://ssrn.com/abstract=2014731
 
 

Footnotes (36)



 


 



Advancing International Criminal Law: The Special Court for Sierra Leone Recognizes Forced Marriage as a ‘New’ Crime Against Humanity


Micaela Frulli


University of Florence - Dipartimento di Studi sullo Stato

October 31, 2008

Journal of International Criminal Justice, Vol. 6, No. 5, pp. 1033-1042, 2008

Abstract:     
The Appeals Chamber of the Special Court for Sierra Leone (SCSL) in Brima, Kamara and Kanu recognized that forced marriages may amount to crimes against humanity, falling under the sub-heading of ‘other inhumane acts’. This decision is to be welcomed because the practice of forced marriage is not adequately described by existing categories of sexual crimes. As forced conjugality results in particular psychological and moral suffering for the victims, it is argued that this heinous practice may be more appropriately pursued as a separate crime, under a definition that describes the entirety and complexity of the criminal conduct. The SCSL decision may also be important for its impact on the activities of the International Criminal Court (ICC). The widespread practice of forced marriage presently features in all the situations being investigated by the ICC and the inclusion in the ICC Statute of the offence of forced marriage as a separate crime against humanity could be discussed during the Review Conference in 2009.

Number of Pages in PDF File: 10

Keywords: Forced marriage, crimes againt humanity, special court for sierra leone, war crimes

Accepted Paper Series


Download This Paper

Date posted: March 2, 2012  

Suggested Citation

Frulli, Micaela, Advancing International Criminal Law: The Special Court for Sierra Leone Recognizes Forced Marriage as a ‘New’ Crime Against Humanity (October 31, 2008). Journal of International Criminal Justice, Vol. 6, No. 5, pp. 1033-1042, 2008. Available at SSRN: http://ssrn.com/abstract=2014731

Contact Information

Micaela Frulli (Contact Author)
University of Florence - Dipartimento di Studi sullo Stato ( email )
Via delle pandette 21
Firenze 50127, 50127
Italy
Feedback to SSRN


Paper statistics
Abstract Views: 433
Downloads: 75
Download Rank: 181,440
Footnotes:  36

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.360 seconds