武装冲突时期的强迫婚姻:国际人道主义法下现代奴隶制的一个隐含悖论

IF 0.9 Q3 INTERNATIONAL RELATIONS
Nimra Ali, Zainab Iqbal, Nadia Khadam
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引用次数: 0

摘要

世界是一个地球村的观念带来了各种跨国问题。其中一个问题就是强迫婚姻转变为现代形式的奴隶制。强迫婚姻仍然是一种侵犯人权的行为,特别是在现代奴隶制的背景下,通常存在于武装冲突期间。这种侵权行为与现代奴隶制相关联,因为它构成了类似奴隶制的做法,包括虐待、性攻击、强奸、家庭暴力等。在文献和实践中,武装冲突时期的强迫婚姻通常被称为需要个人解决的个人问题。经济危机、名誉受到威胁、家庭受到保护等因素导致了冲突地区的强迫婚姻。这些因素都被忽视了,导致全球都没有立法禁止冲突期间的强迫婚姻。因此,在将强迫婚姻归类为现代奴隶制方面,国际法必须保持一致,将其视为侵犯人权的具体形式。在这方面,不一致的标签造成了通过实际机制解决这一问题的模糊性。由于没有明确禁止武装冲突中的强迫婚姻,严重侵犯人权的行为继续发生,本研究中的多个案例研究突出表明了这一点。需要通过编纂国际法和国际人道主义法下的预防机制,采取可行的预防性解决方案来阻止这种做法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Forced Marriages in Times of Armed Conflict: An Implicit Paradox of Modern Slavery under International Humanitarian Law
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).
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来源期刊
CiteScore
1.80
自引率
20.00%
发文量
80
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