The Issue of Consent: Clarifying the Differences between Forced and Arranged Marriage

IntLawGrrls

Due to the frequent overlap with arranged marriage, confusion often arises as to how forced marriage should be classified under international criminal law. This has led scholars, courts, and legal practitioners to either subsume forced marriage under sexual slavery, ignore forced marriage in criminal indictments despite contrary evidence, or label it as an “other inhumane act” under crimes against humanity. To clarify these misconceptions, forced marriage should be removed from the “other inhumane acts” category and should be enumerated as a distinct crime against humanity alongside other sex and gender-based crimes under the International Criminal Court (ICC)’s Rome Statute. However to understand forced marriage, it is important to distinguish forced marriage from arranged marriage.

Forced marriage occurs when a perpetrator compels a person through threats or force into a conjugal association, resulting in great suffering, or serious mental or physical injury on the victim. An arranged…

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