Defining Rape: Emerging Obligations for States Under International Law? PDF Download

Author: Maria Eriksson
Publisher: Martinus Nijhoff Publishers
ISBN: 9004202633
Category : Law
Languages : en
Pages : 625

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Book Description
The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor.

Author: Carlos Fernández de Casadevante Romani
Publisher: Springer Science & Business Media
ISBN: 3642281400
Category : Law
Languages : en
Pages : 279

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Book Description
After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.

Author: Megan Bastick
Publisher: Dcaf
ISBN: 9789292220594
Category : Crimes against humanity
Languages : en
Pages : 214

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Book Description
"In it's first part, the Global Overview, the report profiles documented conflict-related sexual violence in 51 countries - in Africa, the Americas, Asia, Europe and the Middle East - that have experienced armed conflict over the past twenty years. The second part of the report, entitled Implications for the Security Sector, explores strategies for security and justice actors to prevent and respond to sexual violence in armed conflict and post-conflict situations"--P. 4 of cover.

Author: Maria Sjöholm
Publisher: Martinus Nijhoff Publishers
ISBN: 9004343571
Category : Law
Languages : en
Pages : 775

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Book Description
In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.

Author: Professor Metin Basoğlu
Publisher: Oxford University Press
ISBN: 0199374635
Category : Medical
Languages : en
Pages : 571

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Book Description
This book presents an interdisciplinary approach to definition of torture by bringing together behavioral science and international law perspectives on torture. It is a collaborative effort by a group of prominent scholars of behavioral sciences, international law, human rights, and public health with internationally recognized expertise and authority in their field. It represents a first ever attempt to explore the scientific basis of legal understanding of torture and inform international law on various definitional issues by proposing a sound theory- and empirical-evidence-based psychological formulation of torture. Drawing on scientific evidence from the editor's 30 years of systematic research on torture, it proposes a learning theory formulation of torture based on the concept of helplessness under the control of others and offers an assessment methodology that can reduce the element of subjectivity in legal judgments in individual cases. It also demonstrates how this formulation can help understand the nature and severity of ill-treatments in different contexts, such as domestic violence and adverse conditions of penal confinement. Through a learning theory analysis of "enhanced interrogation techniques," it demonstrates not only why these techniques constitute torture but also how they help us understand the contextual defining characteristic of torture in general. The proposed formulation implies a broader concept of torture than previously understood, provides scientific and moral justification for the evolving trends in international law towards a broader coverage of ill-treatments in contexts beyond official custody and points to new directions of expansion of the concept. With a focus on the concepts of shame and humiliation and their evolutionary origin, the book explains why inhuman or degrading treatments can cause as much pain or suffering as physical torture. Although treatment issues are not covered, the book sheds light on potentially effective treatment approaches by offering important insights into psychology of torture.

Author: Sara De Vido
Publisher: Manchester University Press
ISBN: 152612498X
Category : Law
Languages : en
Pages : 273

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Book Description
This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Violence against women is characterised by its universality, the multiplicity of its forms, and the intersectionality of diverse kinds of discrimination against women. Great emphasis in legal analysis has been placed on sex-based discrimination; however, in investigations of violence, one aspect has been overlooked: violence may severely affect women’s health and access to reproductive health, and State health policies might be a cause of violence against women. Exploring the relationship between violence against women and women’s rights to health and reproductive health, Sara De Vido theorises the new concept of violence against women’s health in international law using the Hippocratic paradigm, enriching human rights-based approaches to women’s autonomy and reflecting on the pervasiveness of patterns of discrimination. At the core of the book are two dimensions of violence: horizontal ‘inter-personal’, and vertical ‘state policies’. Investigating these dimensions through decisions made by domestic, regional and international judicial or quasi-judicial bodies, De Vido reconceptualises States’ obligations and eventually asks whether international law itself is the ultimate cause of violence against women’s health.

Author: Paul Behrens
Publisher: Routledge
ISBN: 1136168559
Category : Law
Languages : en
Pages : 310

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Book Description
Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.

Author: Michele Renée Greer
Publisher: Bloomsbury Publishing
ISBN: 1350275581
Category : History
Languages : en
Pages : 233

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Book Description
This book sheds new light on the ongoing fight to end prostitution through a historical study of its emotional communities. An issue that has long been the subject of much debate amongst feminists, governments and communities alike, the history of the fight to end prostitution has an important bearing on feminist politics today. This book identifies key abolitionist emotional communities, tracing their origins, interactions and evolutions with various historical and contemporary emotional styles. In doing do, Emotional Histories in the Fight to End Prostitution highlights a more nuanced view of the movement's history. From Moral Liberals in 19th century Britain to the American anti-pornography movement and Swedish 'Nordic Model', Emotional Histories in the Fight to End Prostitution shows how emotional styles and practices have influenced the evolution of the fight against prostitution in Britain, the United States and Western Europe. From the fear of sin, to maternal compassion and survivor shame and loss, Michele Greer historicizes emotions and studies them as dynamic forms of situated knowledge. In doing so, she sheds light on how women's lived experiences have been transformed and politicized, and raises important questions around how feminist emotions in social protest can not only challenge but unknowingly defend existing socio-political conventions and inequalities. Highlighting the links between past and present forms of abolitionism, it shows that this connection is more complex and far-reaching than currently assumed, and offers new perspectives on the history of emotions.

Author: Leonard Grob
Publisher: University of Washington Press
ISBN: 0295806710
Category : History
Languages : en
Pages : 249

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Book Description
In July 1943, the Gestapo arrested an obscure member of the resistance movement in Nazi-occupied Belgium. When his torture-inflicting interrogators determined he was no use to them and that he was a Jew, he was deported to Auschwitz. Liberated in 1945, Jean Améry went on to write a series of essays about his experience. No reflections on torture are more compelling. Améry declared that the victims of torture lose trust in the world at the “very first blow.” The contributors to this volume use their expertise in Holocaust studies to reflect on ethical, religious, and legal aspects of torture then and now. Their inquiry grapples with the euphemistic language often used to disguise torture and with the question of whether torture ever constitutes a “necessary evil.” Differences of opinion reverberate, raising deeper questions: Can trust be restored? What steps can we as individuals and as a society take to move closer to a world in which torture is unthinkable?

Author: Eithne Dowds
Publisher: Bloomsbury Publishing
ISBN: 1509921915
Category : Law
Languages : en
Pages : 277

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Book Description
This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.