The Miscategorization of 'Forced Marriage' as a Crime against Humanity by the Special Court for Sierra Leone

The Miscategorization of 'Forced Marriage' as a Crime against Humanity by the Special Court for... 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

The Miscategorization of 'Forced Marriage' as a Crime against Humanity by the Special Court for Sierra Leone

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/157181211X603158
Publisher site
See Article on Publisher Site

Abstract

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

Journal

International Criminal Law ReviewBrill

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

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