Listed in Article 7(1), it also reflects a course of conduct which differs from While forced marriage is similar in nature and gravity to the enumerated acts Marriage is a particular type of ‘other inhumane act’ that can be distinguishedįrom other enumerated acts recognized in Article 7(1) of the Rome Statute. Of Relational Autonomy + Associated Harms The Prosecution made similar arguments (paras.ĥ63-564), including in response to the amici

Originating from factual circumstances spanning four decades.Ĭhamber was correct in holding that forced marriage fits within the crimeĪgainst humanity of ‘other inhumane acts’ and satisfies nullum crimen. Rendered convictions for forced marriage as an ‘other inhumane act’ in cases The Extraordinary Chambers in the Courts of Cambodia (ECCC) further specified that nullumĬrimen requirements attach only to the category of ‘other inhumane acts’Īnd not to the different sub-categories thereof, like forced marriage (para. Indeed, the SCSL Appeals Chamber (at para.ġ98) indicated that this category has crystallized into customary international The ‘other inhumane acts’ category therefore fulfills nullumĬrimen sine lege requirements. To the Special Court for Sierra Leone (SCSL) Inhumane acts’ – has been recognized for over 75 years – from the Nuremberg Charter through Mischaracterization, as Ongwen was convicted by the Trial Chamber not ofįorced marriage as a standalone crime, but as the crime against humanity of We began our brief by arguing that this was a To the lack of a standalone provision, at every step in the process, includingġ47-148, 978) that forced marriage was a “new” crime and therefore violated Consequently, in the Ongwen case ( and other ICC cases), forced marriage wasĬharged as an ‘other inhumane act’ (crime against humanity). We submitted an amicus curiaeīrief covering several topics, including the following fourįorced marriage is not listed in a standalone We were aware of the importance of the moment: the Appeals Chamber would beĬonsidering forced marriage for the first time. The topic of forced marriage and had closely followed the Ongwen case. All of us have written about or done research and advocacy on – consisting of Erin Baines, Anne-Marie de Brouwer, Annie Bunting, Eefje de Volder, Kathleen M. Including forced marriage, in the case of Prosecutor v Ongwen, our team Observations on sexual and gender-based violence, ]Īppeals Chamber issued its call for expert Melanie O’Brien is Associate Professor of International Law at the University of Western Australia and President of the International Association of Genocide Scholars. Member of the international human rights organization, Just Planet.

Visiting Law Professor at Lewis & Clark Law School and Founding Board [ Valerie Oosterveld is Professor of International Law at Western University’s Faculty of Law (Canada) and Associate Director of the Centre for Transitional Justice and Post-Conflict Reconstruction.

Inhuman Acts by Ocean Tigrox