
Contents
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A. Introduction A. Introduction
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B. Forced Marriage Under International Human Rights Law B. Forced Marriage Under International Human Rights Law
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C. Forced Marriage During Atrocities C. Forced Marriage During Atrocities
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1. The Special Court for Sierra Leone 1. The Special Court for Sierra Leone
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2. The Extraordinary Courts in the Chambers of Cambodia 2. The Extraordinary Courts in the Chambers of Cambodia
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3. The International Criminal Court 3. The International Criminal Court
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a) Forced marriage in Uganda under the LRA and the Ongwen case a) Forced marriage in Uganda under the LRA and the Ongwen case
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b) Forced marriage in Mali under Ansar Dine/AQMI and the Al Hassan case b) Forced marriage in Mali under Ansar Dine/AQMI and the Al Hassan case
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c) The ICC’s interpretation of forced marriage in Ongwen and Al-Hassan c) The ICC’s interpretation of forced marriage in Ongwen and Al-Hassan
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d) Gender elements of the ICC cases d) Gender elements of the ICC cases
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D. The Gendering of Forced Marriage in Atrocities and International Criminal Law D. The Gendering of Forced Marriage in Atrocities and International Criminal Law
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8 Gender Dimensions of Forced Marriage in International Criminal Law
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Published:July 2022
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Abstract
This chapter examines the gender dimensions of forced marriage in international criminal law (ICL), focusing on forced marriage in mass atrocities, as considered by international criminal courts and tribunals. This analysis specifically situates the context of forced marriage in three atrocity situation case studies—Sierra Leone, Cambodia, and Uganda—as a highly gendered crime designed to control women, regardless of the specific conditions within which the crime occurs. The examination looks at the findings of three international courts (the Special Court for Sierra Leone (SCSL), the Extraordinary Chambers in the Courts of Cambodia (ECCC), and the International Criminal Court (ICC)) with regards to forced marriage. It demonstrates that ICL is a long way from acknowledging the highly gendered nature of this special crime and from providing adequate justice to victims of forced marriage in atrocity situations.
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