Abstract
On 22 February 2008, the Appeals Chamber of the Special Court for Sierra Leone (SCSL) delivered its judgment in the Armed Forces Revolutionary Council (AFRC) case. This decision stands out as unique for setting significant precedent in the development of gender-based crimes in international criminal law by holding forced marriage to be a crime against humanity under the “other inhumane acts” category contained in Article 2(i) of the Statute of the Special Court for Sierra Leone. Although this recognition of forced marriage signifies the SCSL’s commitment to actively prosecute gender-based crimes, and may further set persuasive precedent for other international adjudicative bodies, there remain certain elements of this crime that, despite the Appeals Chamber’s decision, are unsettled and unclear. The purpose of this paper is to raise, explore, and assess these pressing questions.
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