Law Publications
Title
Forced marriage during conflict and mass atrocity
Document Type
Article
Publication Date
1-1-2017
Journal
The Oxford Handbook of Gender and Conflict
First Page
240
URL with Digital Object Identifier
10.1093/oxfordhb/9780199300983.013.19
Last Page
252
Abstract
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.
