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Defining Rape Emerging Obligations For States Under International Law
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Book Synopsis Defining Rape: Emerging Obligations for States Under International Law? by : Maria Eriksson
Download or read book Defining Rape: Emerging Obligations for States Under International Law? written by Maria Eriksson and published by Martinus Nijhoff Publishers. This book was released on 2011-10-28 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Sexualised Crimes, Armed Conflict and the Law by : Hannah Baumeister
Download or read book Sexualised Crimes, Armed Conflict and the Law written by Hannah Baumeister and published by Routledge. This book was released on 2018-06-04 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Wartime Sexual Violence at the International Level: A Legal Perspective by : Caterina E. Arrabal Ward
Download or read book Wartime Sexual Violence at the International Level: A Legal Perspective written by Caterina E. Arrabal Ward and published by BRILL. This book was released on 2018-07-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Wartime Sexual Violence at the International Level: A Legal Perspective Dr. Caterina Arrabal Ward discusses the understanding of wartime sexual violence by the international tribunals and argues that wartime sexual violence often takes place without the explicit purpose to destroy a community or population and is not necessarily a strategic choice. This research suggests that a more focused approach based on a much clearer definition of these crimes would help to remedy deficiencies at the different stages of international justice in relation to these crimes.
Book Synopsis International Law and Sexual Violence in Armed Conflicts by : Chile Eboe-Osuji
Download or read book International Law and Sexual Violence in Armed Conflicts written by Chile Eboe-Osuji and published by Martinus Nijhoff Publishers. This book was released on 2012-08-27 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual violence is a particular brand of evil that women have endured—more than men—during armed conflicts, through the ages. It is a menace that has continued to challenge the conscience of humanity—especially in our times. At the international level, basic laws aimed at preventing it are not in short supply. What is needed is a more conscious determination to enforce existing laws. This book explores ways of doing just that; thereby shoring up international legal protection of women from sexual violence in armed conflicts.
Author :Carlos Fernández de Casadevante Romani Publisher :Springer Science & Business Media ISBN 13 :3642281400 Total Pages :279 pages Book Rating :4.6/5 (422 download)
Book Synopsis International Law of Victims by : Carlos Fernández de Casadevante Romani
Download or read book International Law of Victims written by Carlos Fernández de Casadevante Romani and published by Springer Science & Business Media. This book was released on 2012-07-11 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems by : Maria Sjöholm
Download or read book Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems written by Maria Sjöholm and published by Martinus Nijhoff Publishers. This book was released on 2017-09-25 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Torture and Its Definition In International Law by : Professor Metin Basoğlu
Download or read book Torture and Its Definition In International Law written by Professor Metin Basoğlu and published by Oxford University Press. This book was released on 2017-08-15 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Violence against women's health in international law by : Sara De Vido
Download or read book Violence against women's health in international law written by Sara De Vido and published by Manchester University Press. This book was released on 2020-06-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Approaches to Rape by : Westmarland, Nicole
Download or read book International Approaches to Rape written by Westmarland, Nicole and published by Policy Press. This book was released on 2012-04-04 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Approaches to Rape gives an overview of rape law and policy in nine different countries, including the United States and Canada. Many governments have begun to take rape more seriously than in the past and have started to implement wide-ranging reforms; this book describes those reforms and assesses the degree to which they have been successful. Introducing readers to various national perspectives on rape, the contributors outline a comparative approach that highlights the similarities and differences between countries, contexts, laws, issues, policies, and interventions.
Book Synopsis Emotional Histories in the Fight to End Prostitution by : Michele Renée Greer
Download or read book Emotional Histories in the Fight to End Prostitution written by Michele Renée Greer and published by Bloomsbury Publishing. This book was released on 2022-10-06 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Losing Trust in the World by : Leonard Grob
Download or read book Losing Trust in the World written by Leonard Grob and published by University of Washington Press. This book was released on 2016-12-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Book Synopsis Feminist Engagement with International Criminal Law by : Eithne Dowds
Download or read book Feminist Engagement with International Criminal Law written by Eithne Dowds and published by Bloomsbury Publishing. This book was released on 2020-01-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Manitoba Law Journal: Criminal Law Edition (Robson Crim) 2019 Volume 42(3) by : Richard Jochelson, et al.
Download or read book Manitoba Law Journal: Criminal Law Edition (Robson Crim) 2019 Volume 42(3) written by Richard Jochelson, et al. and published by Manitoba Law Journal. This book was released on with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robson Crim is housed in Robson Hall, one of Canada's oldest law schools. Robson Crim has transformed into a Canada wide research hub in criminal law, with blog contributions from coast to coast, and from outside of this nation's borders. With over 30 academic peer collaborators at Canada's top law schools, Robson Crim is bringing leading criminal law research and writing to the reader. We also annually publish a special edition criminal law volume of the Manitoba Law Journal, providing a chance for authors to enter the peer reviewed fray. The Journal has ranked in the top 0.1 percent on Academia.edu and is widely used. This issue has articles from a variety of contributing authors including: David Ireland, Richard Jochelson, Lucinda Vandervort, Paul M. Alexander, Kelly De Luca, Davinder Singh, Karen Busby, Gurgen Petrossian, Anita Grace, Kyle McCleery, Colton Fehr, Kathryn M. Campbell, Jonathan Avey, Maeve W. McMahon, Paetrick Sakowski, Nathan Phelan, and Lauren Chancellor.
Book Synopsis International Human Rights Law and Structural Discrimination by : Elisabeth Veronika Henn
Download or read book International Human Rights Law and Structural Discrimination written by Elisabeth Veronika Henn and published by Springer. This book was released on 2019-07-03 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.
Book Synopsis The Elgar Companion to the International Criminal Tribunal for Rwanda by : Anne-Marie de Brouwer
Download or read book The Elgar Companion to the International Criminal Tribunal for Rwanda written by Anne-Marie de Brouwer and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.
Book Synopsis Protecting Civilians in Refugee Camps by : Maja Janmyr
Download or read book Protecting Civilians in Refugee Camps written by Maja Janmyr and published by Martinus Nijhoff Publishers. This book was released on 2013-11-28 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rather than serving as civilian and humanitarian safe havens, refugee camps are notorious for their insecurity. Due to the host state’s inability or unwillingness to provide protection, camps are often administered by the United Nations High Commissioner for Refugees (UNHCR) and its implementing partners. When a violation occurs in these situations, to which actors shall responsibility be allocated? Through an analysis of the International Law Commission’s work on international responsibility, Maja Janmyr argues that the ‘primary’ responsibility of states does not exclude the responsibilities of other actors. Using the example of Uganda, Janmyr questions the general assumption that ‘unable and unwilling’ is the same as ‘unable or unwilling’, and argues for the necessity of distinguishing between these two scenarios. Doing so leads to different conclusions in terms of responsibility for the state, and therefore for UNHCR and its implementing partners.
Book Synopsis Gender-Based Violence in South-East Asia by : Lidwina Inge Nurtjahyo
Download or read book Gender-Based Violence in South-East Asia written by Lidwina Inge Nurtjahyo and published by Springer Nature. This book was released on 2022-06-16 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents new research on gender-based violence in Southeast Asia, bringing together varied scholarly work in law, policy, and practice. It enables a greater understanding of violence against women as an international concern, highlighting particular issues that arise in the region. Against a background of international obligations to ensure women's rights through laws and policies that are geared at ending violence against women and girls, this research documents the state failures, individual shame and fear, and societal culture that collectively affects the reporting, investigation, prosecution of perpetrators, and protection of victims. The research explores differing legal mechanisms both internationally, and within nation states, relating to cases of physical and sexual violence. It recognizes the need for functioning mechanisms to ensure women can report their cases safely and be provided with protective and therapeutic services in a way that is systematic, effective, and measurable. Laws and court decisions are analyzed, crisis and safety centers are examined, and in-depth interviews are conducted with actors and NGOs with relevant roles and functions in the mechanism of cases of violence against women. The result is a comprehensive assessment of the incalculable harm it does within Southeast Asian society, and the obstacles it presents for law enforcement. The chapters uncover mechanisms with unique characteristics across Southeast Asia, providing a nuanced understanding of the cultural and social backgrounds, as well as the religious structures, that can both help and hinder suitable frameworks. It is relevant to scholars, policymakers, and practitioners in law, criminology, and gender sociology. “This is a valuable contribution towards empowering the women of South East Asia out of victimhood to valued equality, involvement in governance and leadership through the elimination of violence and discrimination and an excellent resource not just for those working in this field but for those involved in law making, the media and the people of South East Asia.” - Professor Felicity Gerry QC, Barrister at Crockett Chambers Melbourne and Libertas Chambers, London, and Professor of Legal Practice at Deakin University and Honorary Professor at Salford University.
