Classifying acts as crimes against humanity in the Rome statue of the International Criminial Court

The law is a living organism, which is reflected by the ever-evolving landscape of international criminal law. Time and again, conflicts demonstrate the many ways in which human beings can hurt each other. The law must be able to anticipate and react to these cruelties. On the one hand, the law must be specific enough to assure legal certainty and prevent arbitrary convictions; on the other hand, it must be broad and general enough to keep up with developments in real life and cover previously unimagined behavior. Forced marriage is an example of such a criminal phenomenon, which, even though the taking of brides by the victor has for centuries been a common occurrence during conflict situations, has only recently appeared in the international limelight. When the international community is confronted with criminal practices that are not codified in the Rome Statute of the International Criminal Court, it is faced with the daunting task of legally characterizing this conduct: can the act in question be brought within the ambit of the core crimes of the Rome Statute? And if so, how is it best criminalized: as a war crime, a form of genocide, or a crime against humanity?