International Criminal Law Review 11 (2011) 831–867 © Koninklijke Brill NV, Leiden, 2011 DOI 10.1163/157181211X603158 brill.nl/icla International Criminal Law Review Th e Miscategorization of ‘Forced Marriage’ as a Crime against Humanity by the Special Court for Sierra Leone Nicholas Azadi Goodfellow * Lawyer, Oﬃ ce of Public Prosecutions, Victoria, Australia Abstract Th is article considers the ﬁ nding 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 ﬁ nding is legally and factually unsound. Th e Chamber’s decision oﬀ ends the principle of legality, speciﬁ cally, non-retroactivity, the prohibition on analogy, and the require- ment of speciﬁ city. In addition, the Chamber misconstrued the facts and law with regards to sexual slavery in distinguishing it from forced marriage. Th is article critically examines each element of the Chamber’s decision that forced marriage satisﬁ es the threshold requirements to qualify as a crime against humanity. Keywords forced marriage ; other inhumane acts ; crimes against humanity ; Special Court for Sierra Leone ; Prosecutor v. Brima , Kamara and Kanu , ( AFRC case) . 1. Introduction
International Criminal Law Review – Brill
Published: Jan 1, 2011
Keywords: PROSECUTOR V. BRIMA; (AFRC CASE); CRIMES AGAINST HUMANITY; KAMARA AND KANU; SPECIAL COURT FOR SIERRA LEONE; OTHER INHUMANE ACTS; FORCED MARRIAGE
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera