Forced Marriages in Times of Armed Conflict: An Implicit Paradox of Modern Slavery under International Humanitarian Law

Abstract

The idea of the world as a global village has brought about various transnational problems. One of these problems is the transition of forced marriages into the modern form of slavery. Forced marriage continues to be a violation of human rights specifically in the context of modern slavery, usually existing during armed conflicts. Such a violation is linked to modern slavery as it constitutes slavery-like practices, including abuse, sexual assault, rape, domestic violence, and so on. In literature and practice, forced marriages in times of armed conflicts are usually labelled as personal problems requiring personal solutions. Factors such as financial crisis, threats to honour, and family protection lead to forced marriages in conflict zones. Such factors have been overlooked, resulting in the absence of legislation across the globe to prohibit forced marriages during conflicts. Consequently, international laws need to be on the same page in the categorization of forced marriages as modern slavery by considering it a specified form of human rights violation. Inconsistent labelling in this regard has produced ambiguity in resolving the issue through practical mechanisms. Severe violations of human rights continue to occur due to the absence of an explicit prohibition of forced marriage in armed conflicts, as highlighted through multiple case studies in this research. A preventive solution is required to hinder the practice that is feasible through the codification of the prevention mechanisms under International Law (IL) and International Humanitarian Law (IHL).