International Criminal Law Review
Volume 11, Issue 5, 2011, Pages 831-867
The miscategorization of 'forced marriage' as a crime against humanity by the special court for sierra leone (Article)
Goodfellow N.A.*
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a
Office of Public Prosecutions, VIC, Australia
Abstract
This article considers the finding by the Appeals Chamber of the Special Court for Sierra Leone that forced marriage is a crime against humanity. While hailed as an evolution in the prosecution of gender-based crimes, the finding is legally and factually unsound. The Chamber's decision offends the principle of legality, specifically, non-retroactivity, the prohibition on analogy, and the requirement of specificity. In addition, the Chamber misconstrued the facts and law with regards to sexual slavery in distinguishing it from forced marriage. This article critically examines each element of the Chamber's decision that forced marriage satisfies the threshold requirements to qualify as a crime against humanity. © 2011 Koninklijke Brill NV, Leiden.
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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-80755169713&doi=10.1163%2f157181211X603158&partnerID=40&md5=2c0caa4c81421aa069d7426ec6a3f57c
DOI: 10.1163/157181211X603158
ISSN: 1567536X
Cited by: 3
Original Language: English