Gender Dimensions of Forced Marriage in International Criminal Law

Melanie O'Brien, ‘Gender Dimensions of Forced Marriage in International Criminal Law’, in Indira Rosenthal, Valerie Oosterveld and Susana SáCouto (eds.), Gender and International Criminal Law (OUP, 2022, in press), chapter 8, Forthcoming

38 Pages Posted: 30 Nov 2021 Last revised: 13 Apr 2022

Date Written: November 29, 2021

Abstract

Forced marriage in the atrocity context in Sierra Leone, Cambodia, Uganda and Mali has been addressed by various international criminal courts and tribunals. This chapter examines the gendered dimensions of the crime as charged or convicted in the Special Court for Sierra Leone (SCSL), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the International Criminal Court (ICC). It demonstrates that these courts have not necessarily recognised the gendered nature of forced marriage, and that the specific targeting of girls and women for forced marriage needs to be acknowledged by courts as a gendered crime. This chapter situates the discussion within a human rights law framework, starting from the perspective that forced marriage is a violation of human rights, such as the right to family, and noting whether the courts incorporate human rights law concepts into their forced marriage judgements.

Keywords: international criminal law, forced marriage, International Criminal Court, Special Court for Sierra Leone, Extraordinary Chambers in the Courts of Cambodia, sexual and gender-based violence, SGBV, rape, gender, women

JEL Classification: K33

Suggested Citation

O'Brien, Melanie, Gender Dimensions of Forced Marriage in International Criminal Law (November 29, 2021). Melanie O'Brien, ‘Gender Dimensions of Forced Marriage in International Criminal Law’, in Indira Rosenthal, Valerie Oosterveld and Susana SáCouto (eds.), Gender and International Criminal Law (OUP, 2022, in press), chapter 8, Forthcoming , Available at SSRN: https://ssrn.com/abstract=3973235

Melanie O'Brien (Contact Author)

University of Western Australia ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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