Forced Marriage as a Crime against Humanity: Problems of Definition and Prosecution

Jain, Neha

doi:10.1093/jicj/mqn064

Cited by 53 publications

(11 citation statements)

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“…All this changed in 2008, however, when the Appeals Chamber of the Special Court for Sierra Leone (SCSL) made a landmark achievement in International Criminal Law by categorizing 'forced marriage' as a distinct category of crime against humanity (Jain 2008(Jain , pp. 1013(Jain -1032.…”

Section: Constructing 'Forced Marriage' In Cambodiamentioning

confidence: 99%

How resistance encourages resistance: theorizing the nexus between power, ‘Organised Resistance’ and ‘Everyday Resistance’

Lilja

Baaz

Schulz

et al. 2017

Journal of Political Power

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Section: Constructing 'Forced Marriage' In Cambodiamentioning

confidence: 99%

How resistance encourages resistance: theorizing the nexus between power, ‘Organised Resistance’ and ‘Everyday Resistance’

Lilja

Baaz

Schulz

et al. 2017

Journal of Political Power

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“…195). Whether forced marriage should be charged as sexual slavery, other inhumane acts or as a crime in and of itself-the latter option to reflect the gravity and different aspects of the crime even more than the first two -has recently become, especially due to the above-mentioned case, a topic of discussion (Frulli, 2008;Jain, 2008). Another form of improvement of the law could be by means of amending the genocide definition to include rape and other forms of sexual violence as has been done for the crimes against humanity and war crimes provisions as mentioned above.…”

Section: Substantive Law: the Sexual Violence Crimesmentioning

confidence: 99%

What the International Criminal Court has Achieved and can Achieve for Victims/Survivors of Sexual Violence

Brouwer

2009

International Review of Victimology

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In this contribution, the provisions of potential benefit to victims/survivors of sexual violence in the Rome Statute of the International Criminal Court and its subsidiary instruments will be discussed. In addition, the Court's practice to date in investigating and prosecuting sexual violence crimes will be examined. The new regime of the ICC brings with it improvements to international criminal law of benefit to victims/survivors of sexual violence. Whether this also means that the interests of victims/survivors of sexual violence are also better served in practice than under previous processes is, however, discussed, followed by the ICC's potential to address justice for victims/survivors of sexual violence. In this contribution it will become clear that provisions which are good on paper may not necessarily be sufficient in providing justice to victims of sexual violence. Good implementation of these provisions and of the institutional structures at the Court is needed in order to ensure that the rights given to victims/survivors of sexual violence do not remain merely an empty promise.

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“…Although the media have created a much higher level of awareness about forced marriage in the UK than ever before, a large number of women are annually subjected to forced marriage, either within the UK or during a visit to India, Bangladesh, or Pakistan under the guise of a vacation or visiting a sick relative [4]. During the Rouge regime, the people in Cambodia were forced to marry to increase the population to continue the revolution [5]. Sabbe et al [6] found that four elements including the role of education and the economic factor influence the occurrence of child and forced marriage in Morocco.…”

Section: Introductionmentioning

confidence: 99%

Forced Marriage in Bangladesh: A Quantitative Study to Identify Key Factors

Bhuia¹,

Rahman²,

Alam³

et al. 2015

OJAppS

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In this article, a study on the status of forced marriages in Sylhet division of Bangladesh has been done to determine the prevailing state of it and to identify the key factors that needed to be emphasized. A survey was conducted and a total of 1369 respondents were interviewed. This study mainly deals with 146 respondents who were found to be forced to marriage and some of them were victims of it. Cross-table and multivariate logistic regression analyses were used to analyze the data. Results show that forced marriages and victims of such incidents are greatly affected by people's education and their income levels. The family types, age of participants, spouse selection approach, and desired time to marry are also significant factors. The concerned human rights workers should emphasize on the findings of this study to improve the human rights practice in Bangladesh.

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Forced Marriage as a Crime against Humanity: Problems of Definition and Prosecution

Cited by 53 publications

References 0 publications

How resistance encourages resistance: theorizing the nexus between power, ‘Organised Resistance’ and ‘Everyday Resistance’

How resistance encourages resistance: theorizing the nexus between power, ‘Organised Resistance’ and ‘Everyday Resistance’

What the International Criminal Court has Achieved and can Achieve for Victims/Survivors of Sexual Violence

Forced Marriage in Bangladesh: A Quantitative Study to Identify Key Factors

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