Forced Marriage: A Crime Against Humanity?

Abstract

This author argues that forced marriage should be expressly recognised as a crime against humanity. The crime of forced marriage involves the forced imposition of marital status without a victim’s genuine consent, and is prevalent particularly in times of conflict. Victims suffer a severe deprivation of liberty, and often endure further traumatic experiences within the relationship such as sexual violence and forced labour. Consideration is given to whether forced marriage is distinct from other enumerated crimes against humanity in the Rome Statute, such as enslavement, sexual slavery, rape and forced pregnancy. The author asserts that there is a gap at international criminal law that must be addressed to sufficiently recognise the totality of the conduct involved in a forced marriage. Further arguments are advanced in favour of the recognition of forced marriage as a crime against humanity, with a distinction drawn between forced marriages and arranged marriages. Consideration is also given to whether forced marriage constitutes a crime at customary international law. Specific elements of the crime against humanity of forced marriage are proposed, with reference to the findings of the Special Court of Sierra Leone. The author considers where the crime would best fit at international criminal law, and argues for the express recognition of forced marriage as a crime against humanity in the Rome Statute of the International Criminal Court. Recognition of forced marriage as a crime against humanity will ensure the prosecution of the perpetrators of forced marriage, and will give proper judicial recognition to the suffering of the victims.