The Expressive Nature of Law: What We Learn from Conjugal Slavery to Forced Marriage in International Criminal Law

The Expressive Nature of Law: What We Learn from Conjugal Slavery to Forced Marriage in... The March 2016 Confirmation of Charges Decision of the Pre-Trial Chamber of the International Criminal Court in Prosecutor v. Dominic Ongwen characterized the practice of forced conjugal association as the crime against humanity of ‘other inhumane acts’. This decision of the Pre-Trial Chamber comes amidst an unsettled jurisprudence on the legal characterization of the practice of forced conjugal association. The unsettled nature of the jurisprudence has led to inconsistencies in the legal characterization of forced conjugal association as either forced marriage as an ‘other inhumane act’ or sexual slavery, a variant of the general rubric of slavery. Accordingly, this article analyses the expressive effects of the labelling by contemporary international criminal courts and tribunals of forced conjugal association as either forced marriage as an ‘other inhumane act’ or slavery. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

The Expressive Nature of Law: What We Learn from Conjugal Slavery to Forced Marriage in International Criminal Law

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/15718123-01802004
Publisher site
See Article on Publisher Site

Abstract

The March 2016 Confirmation of Charges Decision of the Pre-Trial Chamber of the International Criminal Court in Prosecutor v. Dominic Ongwen characterized the practice of forced conjugal association as the crime against humanity of ‘other inhumane acts’. This decision of the Pre-Trial Chamber comes amidst an unsettled jurisprudence on the legal characterization of the practice of forced conjugal association. The unsettled nature of the jurisprudence has led to inconsistencies in the legal characterization of forced conjugal association as either forced marriage as an ‘other inhumane act’ or sexual slavery, a variant of the general rubric of slavery. Accordingly, this article analyses the expressive effects of the labelling by contemporary international criminal courts and tribunals of forced conjugal association as either forced marriage as an ‘other inhumane act’ or slavery.

Journal

International Criminal Law ReviewBrill

Published: Apr 17, 2018

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