The Ongwen case, concluded in December 2022 at the International Criminal Court (icc), convicted the defendant of a gender-based act that had never been litigated by the icc: forced marriage. This article argues that the judicial consideration of forced marriage in Ongwen has settled the international jurisprudence in three important ways. First, it clarified the classification of forced marriage as an ‘other inhumane act’. Second, it recognised and solidified the conduct and harms captured by the term ‘forced marriage’, distinguishing it from other crimes against humanity. Finally, it confirmed that prosecution of forced marriage does not contravene nullum crimen sine lege principles. These outcomes will play a key role in future recognition and prosecutions of forced marriage in international criminal law. This article suggests that the logical next step is to explicitly list forced marriage as a crime against humanity in the Rome Statute and the draft Crimes Against Humanity Convention.

国际刑事法院 (icc) 于 2022 年 12 月审结 Ongwen 案，判定被告犯有国际刑事法院从未提起过诉讼的基于性别的行为：强迫婚姻。本文认为，翁文案中对强迫婚姻的司法考虑通过三个重要方式解决了国际判例。首先，它明确将强迫婚姻归类为“其他不人道行为”。其次，它承认并巩固了“强迫婚姻”一词所包含的行为和危害，将其与其他危害人类罪区分开来。最后，它确认起诉强迫婚姻并不违反无法即不为罪的原则。这些结果将对未来国际刑法中强迫婚姻的承认和起诉发挥关键作用。本文建议，合乎逻辑的下一步是在《罗马规约》和《危害人类罪公约》草案中明确将强迫婚姻列为危害人类罪。