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Can forced marriage fall under a crime against humanity (CAH) listed under Article 7 (1) of the Rome statute of the International Criminal Court (ICC)?

McDonald, Maria (2018) Can forced marriage fall under a crime against humanity (CAH) listed under Article 7 (1) of the Rome statute of the International Criminal Court (ICC)? Master of Laws thesis, Dublin City University.

Abstract
This thesis analyses the legal characterisation of forced marriage at the ICC and asks can forced marriage fall under a CAH listed under Article 7 (1) of the Rome Statute. Chapter 1 of this thesis will begin with a consideration of the definition of forced marriage. Documentation and evidence which was available to the Preparatory Commission of the ICC with respect to the prevalence of forced marriage in conflict zones will be considered. The purpose, to determine whether there was any intention by the drafters of the Rome Statute to include forced marriage as a CAH under Article 7 (1) of the Rome Statute. Chapter 2 will identify the elements of a CAH and the elements of the CAH of an ‘other inhumane act’. An assessment of the elements of a CAH should enable the author to determine the elements required to prosecute forced marriage as a CAH at the ICC. Chapter 3 will consider the role of prosecutorial discretion in the legal characterisation of forced marriage at the ICC. Finally, the author will conclude by answering can forced marriage can fall under a CAH listed under Article 7 (1) of the Rome Statute.
Metadata
Item Type:Thesis (Master of Laws)
Date of Award:November 2018
Refereed:No
Supervisor(s):Daly, Yvonne Marie and Higgins, Noelle
Uncontrolled Keywords:International Criminal Court; Forced Marriage; Crimes against humanity
Subjects:Social Sciences > International relations
Social Sciences > Law
Social Sciences > Political science
Social Sciences > Gender
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 3.0 License. View License
Funders:School of Law and Government, DCU
ID Code:22658
Deposited On:21 Nov 2018 11:54 by Yvonne Daly . Last Modified 13 Dec 2019 14:01
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