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.

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