Northwestern journal of International Human rights
By Amy Palmer
I. INTRODUCTION
Forced marriage is often used in combat situations and subjects the female population to wartime sexual violence and an undesired marital union. In 1991, the Republic of Sierra Leone was stricken with
political and economic troubles, giving way to a state of civil war that lasted for eleven
years. During the Sierra Leone conflict, rebels forcibly conscripted women and girls
into the rebel forces and/or forcibly married them to members of their group. These
women were then held captive by individual men in the rebel groups for prolonged
periods of time. Previously, situations like these were treated as those of sexual slavery.
Sexual slavery is considered a crime against humanity and is prohibited by
international law. However, there are critical differences between sexual slavery and
forced marriage. The most significant of these differences is that sex is not the only
incident of the forced relationship. Additionally, a forced conjugal association is
sometimes not predominantly sexual, as victims of forced marriage need not necessarily
be subject to non-consensual sex. Perpetrators of forced marriage are not being held
responsible for the marital aspect of their offenses if they are prosecuted in the same manner as those perpetrating sexual slavery alone. Acknowledging forced marriage as a
crime against humanity sends a profound message that the exploitation of a weaker
gender group during wartime is a criminal act under international law.
The distinction between forced marriage and sexual slavery is prevalent in the
conjugal duties the victim is forced to fulfill. Aside from the likely ongoing performance
of sexual acts, the female is required to perform forced labor, such as cooking, washing,
and portering (carrying ammunition and other looted items) for her rebel husband.
Additionally, she is expected to bear his children.
There are similarities between forced marriage and sexual slavery, because the conjugal status is imposed on the female through coercion or threats.
However, there are differing mental and psychological elements of the effect the label of “wife” has on the female. There may be diminished capacity on behalf of the female to leave her “husband.” The female may also feel societal pressure beyond the concern that accompanies raising children from the marital type
union. She may be unable to reintegrate into her family and community because she
bears the stigma of having been married to a rebel and having assisted in rebel activities.
Even today, an unknown number of females still remain with their rebel husbands despite
the fact the conflict is over.
The international community and the Government of Sierra Leone called for both
a Truth and Reconciliation Commission (TRC) and an independent court to address the
atrocities committed during the eleven-year conflict in Sierra Leone.
Through an act of parliament in February 2002, the TRC began investigating the war to create an impartial
historical record of human rights abuses that occurred from 1991 to 1999. This act arose
out of the 1999 Lomé Peace Agreement.10 Under the peace agreement, the TRC was to
be established to “address impunity, break the cycle of violence, provide a forum for both
the victims and perpetrators of human rights violations to tell their story, [and] get a clear
picture of the past in order to facilitate genuine healing and reconciliation.”
On August 14, 2000, the Government of Sierra Leone and the UN agreed to
establish the Special Court for Sierra Leone (SCSL) in order to prosecute war crimes
committed during the bloody ten-year civil war that left an estimated 75,000 dead.12 The
SCSL is a separate and independent court comprised of international and national judges,
prosecutors and defense attorneys. It prosecutes persons for violations of international
humanitarian law and Sierra Leonean law.
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