Codifying Forced Marriage in the Crimes Against Humanity Convention: From Jurisprudence to Treaty Text

(Elise Keppler and Maryanne Koussa – Just Security) Discussions during the United Nations’ first session of the Preparatory Committee (PrepCom) for negotiations toward a proposed treaty on crimes against humanity revealed growing support for codifying forced marriage as a specific violation. Although forced marriage has been prosecuted as a crime against humanity for more than 15 years, it has always been charged under the residual category of “other inhumane acts.” But reliance on a residual provision has led to uncertainty and recurring defense challenges. That has constrained recognition of the distinct harms captured by the crime, a point that surfaced during the PrepCom. As states now develop proposals for concrete amendments to the Draft Articles on Prevention and Punishment of Crimes Against Humanity (Draft Articles) by an April 30 deadline, it will be important for those supporting such a provision to proactively propose such amendments. While there has been almost no articulated specific opposition, most states have not yet expressed a position, perhaps because the issue is not a priority, or because they may, as some countries have articulated, favor keeping the existing draft text mostly as is. Still others may oppose any measure aimed at gender justice. All the more important, then, to reflect the cross-regional support that has already emerged through written proposals. – Codifying Forced Marriage in the Crimes Against Humanity Treaty