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Women's law-making and contestations of “marriage” in African conflict situations

Published online by Cambridge University Press:  01 January 2024

Annie Bunting*
Affiliation:
Graduate Program in Socio-Legal Studies/Conjugal Slavery in War Partnership, York University, Toronto, Ontario, Canada
Heather Tasker
Affiliation:
Graduate Program in Socio-Legal Studies/Conjugal Slavery in War Partnership, York University, Toronto, Ontario, Canada
Emily Lockhart
Affiliation:
Graduate Program in Socio-Legal Studies/Conjugal Slavery in War Partnership, York University, Toronto, Ontario, Canada
*
Annie Bunting, Graduate Program in Socio-Legal Studies/Conjugal Slavery in War Partnership, York University, Toronto, ON, Canada., Email: abunting@yorku.ca
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Abstract

International criminal law has developed significantly over the past 20 years since the establishment of the ad hoc Tribunals and International Criminal Court. Much scholarly attention has focused on the politics and jurisprudence of these courts, with particular focus on the prosecution of sexual and gender-based violence. This article adds to the literature with comparative, qualitative research with survivors of conflict-related forced marriage in Liberia, Sierra Leone, and Uganda, revealing context-specific understandings of marriage, consent and harm. We argue women exercise “tactic agency” in captivity in ways that are, taken together, “law-making” in their contestations over the socio-legal categories of marriage. Their contestations of marriage impact the norms within rebel groups as well as the development of new crimes against humanity in international criminal law. Building on the empirical findings, we argue that prosecution of crimes against humanity and reparation programs ought to be flexible and responsive enough to capture the varied experiences of women and girls abducted in war for purposes of sexual exploitation.

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Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This is an open access article under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs License, which permits use and distribution in any medium, provided the original work is properly cited, the use is non-commercial and no modifications or adaptations are made.
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© 2021 The Authors. Published by Cambridge University Press for the Law and Society Association.