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Author: Hannah Baumeister Publisher: Routledge ISBN: 1351619217 Category : Law Languages : en Pages : 209
Book Description
From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents. This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects women’s experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law. Sexualised Crimes, Armed Conflict and the Law draws on feminist and constructivist theories and offers a comprehensive theoretical and empirical examination of the definition of rape and forced marriage. It presents the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, officials and intergovernmental organisations, and students in the fields of post-conflict law and justice, international law, human rights law, international relations, gender studies, politics, and criminology.
Author: Hannah Baumeister Publisher: Routledge ISBN: 1351619217 Category : Law Languages : en Pages : 209
Book Description
From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents. This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects women’s experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law. Sexualised Crimes, Armed Conflict and the Law draws on feminist and constructivist theories and offers a comprehensive theoretical and empirical examination of the definition of rape and forced marriage. It presents the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, officials and intergovernmental organisations, and students in the fields of post-conflict law and justice, international law, human rights law, international relations, gender studies, politics, and criminology.
Author: Chile Eboe-Osuji Publisher: Martinus Nijhoff Publishers ISBN: 9004202625 Category : Law Languages : en Pages : 373
Book Description
Beginning with an attempt at understanding evil doing during armed conflicts, from both the general perspective and the particular angle of sexual violence itself, this book explores ways of shoring up international legal protection of women from sexual violence in armed conflicts.
Author: Hannah Baumeister Publisher: ISBN: 9781315111490 Category : Civil rights Languages : en Pages :
Book Description
"From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents.This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects womens experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law.Sexualised Crimes, Armed Conflict and the Law draws on feminist and constructivist theories and offers a comprehensive theoretical and empirical examination of the definition of rape and forced marriage. It presents the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, officials and intergovernmental organisations, and students in the fields of post-conflict law and justice, international law, human rights law, international relations, gender studies, politics, and criminology."--Provided by publisher.
Author: Caterina E. Arrabal Ward Publisher: BRILL ISBN: 9004360085 Category : Law Languages : en Pages : 272
Book Description
In Wartime Sexual Violence at the International Level: A Legal Perspective, Dr. Caterina Arrabal Ward argues that the human rights of victims of sexual violence are not presently entirely contemplated or protected.
Author: Noëlle Quénivet Publisher: BRILL ISBN: 900447854X Category : Law Languages : en Pages : 228
Book Description
Noëlle N.R. Quénivet has constructed a valuable tool for navigating the morass of sexual offences and international law. Using Bosnia-Herzegovina a jumping off point, she proceeds to show how, over the last two decades, the Western world has been swept up by a wave of feminist scholars writing about international law and more particularly humanitarian and human rights law. Although these articles, books and statements have covered a broad range of issues, the focus has been on sexual offences and, more specifically, on rape in times of conflict. These authors, as well as NGOs supporting their ideas, have made a series of assumptions concerning sexual offences in times of armed conflict. On the basis of these presumptions, they have claimed inter alia that international law does not adequately prohibit sexual offences and that prosecution is scarce. This timely work examines whether the assumptions made by feminist scholars are solidly grounded in international law and whether their claims are still valid regarding the latest legal developments. A thorough examination of the laws and the jurisprudence relating to sexual offences demonstrates that whereas before the creation of the ad hoc international criminal tribunals some of their claims were founded, these claims are now partially ill-founded. Published under the Transnational Publishers imprint.
Author: Marina Fernandez Arroyo Publisher: GRIN Verlag ISBN: 366840724X Category : Law Languages : en Pages : 37
Book Description
Master's Thesis from the year 2016 in the subject Politics - Topic: Public International Law and Human Rights, grade: 4.5/6, , language: English, abstract: According to the Former Deputy Force Commander of the UN mission to the DRC “It is more dangerous to be a woman than to be a soldier in modern conflict”. Indeed, sexual violence is the silent crime happening massively during all armed conflicts. The question of the extension of the problem has been tackled several times by several international organizations, researchers, UN bodies, and by the states affected. However, nobody really knows which is the real impact of these crimes. Women and girls are usually disproportionally affected, and crimes such as these have devastating, long-term effects on the lives of survivors. Noting that this is a crime that affects particularly women and girls, special mention on this issue must be made on girls. Among the categorized six grave violations against children in armed conflicts, sexual violence has, as previously underlined, a specific gender dimension making girl children especially vulnerable, and main target of those practices. This paper tries to show that sexual violence occurring during armed conflict follows common patterns, that is to say, that regardless of the country where it happens, surprisingly it feels like the practice follows the same template of perpetration. It will also prove that girl children are the main victims, so that it would make sense for them to be the ones more protected by legislation against sexual violence during armed conflict. However, this paper will finish showing that the lack of law enforcement leads to impunity due to different reasons, which happens to be a constant repetition of similar motives every time, and everywhere.
Author: Gaby Zipfel Publisher: Zubaan ISBN: 9385932926 Category : History Languages : en Pages : 475
Book Description
In the mid 1970s, at the peak of the women’s movement, feminist activism and research opened the door to questions that are still pressing today. While sexual violence has gained public awareness and become a subject in academic debate, efforts to understand and strategies to prevent this form of violence remain inadequate. Who are the perpetrators? How is sexual violence tied to other forms of violence? What are the consequences for individual victims and societies? Compiled by the International Research Group ‘Sexual Violence in Armed Conflict’ (SVAC), this volume takes an interdisciplinary approach to understanding wartime sexual violence. Its enquiry employs four key relationships: War/Power, Violence/Sexuality, Gender/Engendering and Visibility/Invisibility. Through these, the authors identify gaps in existing knowledge to develop a deeper and more nuanced understanding of the field. This volume is the result of long-standing cooperation. The International Research Group ‘Sexual Violence in Armed Conflict’ (SVAC) is a network of interdisciplinary scholars and NGO experts founded in October 2010. Sociologists, philosophers, historians, literary and legal scholars as well as NGO professionals from Europe, the US, Asia and Africa bring together empirical and theoretical studies focusing on sexual violence in different theatres of armed conflict. The group compares source material and promotes the systematic development of research questions and methods.
Author: Maribel Roman Publisher: GRIN Verlag ISBN: 366891897X Category : Law Languages : en Pages : 31
Book Description
Seminar paper from the year 2003 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 16., , language: English, abstract: Rape has long been used as an instrument of war with relative impunity. The scale and horror of sexual violence against women and girls during times of conflict have gained it the recognition as serious crimes. Therefore, rape has become subject of national and international jurisprudence. The continued determination of women’s rights groups and other Non-Governmental Organizations (NGOs) have helped raise awareness and ensure protection from these horrific criminal acts. They effectively used international humanitarian law and put on trial some of the accusers. Rape and sexual violence against women during times of war has gained recognition as war crimes and crimes against humanity. However, treating rape as a war crime and prosecuting the accusers for crimes against humanity has not prevented these crimes from reoccurring. In order to prevent this horrific crime from occurring, war rape must be consider a violation of the most fundamental rights, human rights. Human rights do not apply to women. The language of human rights creates the illusion that everyone is equal before the law, regardless of gender. It disguises the reality of unequal gender power relations that affects all societies. When addressing the crime of rape during times of conflict, the concept of equality means much more than treating all persons in the same way. Human rights activists need to address sexual violence against women as an infringement of human rights, but the only way to do that is to challenge the belief that human rights provisions adequately address women’s rights. Activists must advocate to expand human rights laws and build human rights standards to include gender specific crimes. Rape and all forms of sexual violence against women need to be clearly stated as a human rights provision. The acceptance of violence against women during times of conflict, as an abuse of human rights will provide activists with access to the ruling by international law. Because it would be universally held to have political weight, it will provide a useful set of tools. Using these tools, women can demand the State’s and international protection, prevention against this horrific crimes and retribution against the perpetrators of abuse. To advocate human rights is to demand that the human dignity of all people be respected. Therefore, no women should be subject to any form of torture, degrading treatment of inhuman treatment.
Author: Serge Brammertz Publisher: Oxford University Press ISBN: 0198768567 Category : History Languages : en Pages : 545
Book Description
Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.
Author: Hannah Baumeister
Author: Hannah Baumeister
Author: Chile Eboe-Osuji
Author: Hannah Baumeister
Author: Caterina E. Arrabal Ward
Author: Noëlle Quénivet
Author: Marina Fernandez Arroyo
Author: Gaby Zipfel
Author: Maribel Roman
Author: Jamille Bigio
Author: Serge Brammertz