Women's Rights in Armed Conflict under International Law PDF Download

Author: Catherine O'Rourke
Publisher: Cambridge University Press
ISBN: 1108628311
Category : Law
Languages : en
Pages : 419

View

Book Description
Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.

Author: Judith G. Gardam
Publisher: BRILL
ISBN: 9004482008
Category : Law
Languages : en
Pages : 306

View

Book Description
The role that gender plays in determining the experience of those caught up in armed conflict has long been overlooked. Moreover, the extent to which gender influences the international legal regime designed to address the humanitarian problems arising from armed conflict has similarly been ignored. In the early 1990s, prompted by extensive media coverage of the rape of women during the conflict in Bosnia Herzegovina, the international community was forced to critically examine the capacity of international law to respond to such crimes. The prevalence of sexual violence, is, however, merely one aspect of the distinctive impact of conflict on women. Although a range of factors influence the way individual women experience armed conflict, the endemic gender discrimination that exists in all societies is a common theme: from Cambodia, where women land-mine victims are less likely to receive treatment for their injuries than are men; to South Africa, where women widowed during the Apartheid years have become outcasts in their own society. To date, the extent to which international law addresses the myriad of ways in which women are affected by armed conflict has received little attention. This work takes the experience of women of armed conflict, matches it with existing provisions of international law, and investigates reasons for the silence of the latter in relation to these events for women. It is the first broad-based critique of international humanitarian law from a gender perspective. The contribution of the United Nations, through its focus on human rights, to improving the protection of women in armed conflict is also considered. The authors underscore the need for new approaches to the issue of women and armed conflict, and canvass a range of options for moving forward.

Author: Dr R Charli Carpenter
Publisher: Ashgate Publishing, Ltd.
ISBN: 140949568X
Category : Law
Languages : en
Pages : 230

View

Book Description
Examining the influence of gender constructs on the international regime protecting war-affected civilians, R. Charli Carpenter examines how in practice belligerents, advocates and humanitarian players interpret civilian immunity so as to leave adult civilian men and older boys at grave risk in conflict zones. Providing a wealth of ground-breaking case studies, the author argues that in order to understand the way in which laws of war are implemented and promoted in international society we must understand how gender ideas affect the principle of civilian immunity. Each case study demonstrates the importance of assumptions about gender relations in shaping international politics, and in developing a framework for incorporating an attention to gender into the often gender-blind scholarship on international norms. As such, this book will be of interest to international relations theorists and to human rights scholars, students and activists alike.

Author: Jamille Bigio
Publisher: Council on Foreign Relations
ISBN: 0876096895
Category : Political Science
Languages : en
Pages : 60

View

Book Description
The next U.S. administration should require women’s representation and meaningful participation in conflict resolution and postconflict processes, increase investment in efforts that promote women’s inclusion, reform U.S. diplomatic and security practices to incorporate the experiences of women in conflict-affected countries, improve staffing and coordination to deliver on government commitments, strengthen training on incorporating women in security efforts, and promote accountability. These steps will help the United States respond effectively to security threats around the world, improve the sustainability of peace agreements, and advance U.S. interests.

Author: Janie Leatherman
Publisher: Polity
ISBN: 0745641873
Category : History
Languages : en
Pages : 256

View

Book Description
This book offers a comprehensive analysis of the causes and consequences of, as well as responses to, sexual violence in contemporary armed conflict. It explores the functions and effects of wartime sexual violence as part of a global political economy of violence. To understand the motivations of the men (and occasionally women) who perpetrate this violence, the book analyzes the role played by systemic and situational factors such as patriarchy and militarized masculinity in a tangled web of plunder and profit. Difficult questions of accountability are tacked; in particular, the caes of child soldiers, who often suffer a double victimization when forced to commit sexual atrocities and other crimes.

Author: Michael Bothe
Publisher: Oxford University Press, USA
ISBN: 0199658803
Category : History
Languages : en
Pages : 767

View

Book Description
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

Author: Ziba Vaghri
Publisher: Springer Nature
ISBN: 3030846474
Category : Education
Languages : en
Pages : 429

View

Book Description
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

Author: United Nations. Office of the High Commissioner for Human Rights
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 130

View

Book Description
International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all. Over the years, the General Assembly, the Commission on Human Rights and, more recently, the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in situations of armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants in the conflict. This publication provides a thorough legal analysis and guidance to State authorities, human rights and humanitarian actors and others on the application of international human rights law and international humanitarian law for the protection of persons.

Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
ISBN: 0191632236
Category : Law
Languages : en
Pages : 568

View

Book Description
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

Author: Ben Saul
Publisher: Oxford University Press
ISBN: 0192597493
Category : Law
Languages : en
Pages : 605

View

Book Description
International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.