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Wartime Sexual Violence At The International Level A Legal Perspective
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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 2018-07-19 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 argues that the human rights of victims of sexual violence are not presently entirely contemplated or protected.
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 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 by : Kerry F. Crawford
Download or read book Wartime Sexual Violence written by Kerry F. Crawford and published by Georgetown University Press. This book was released on 2017-09-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports of sexual violence in armed conflict frequently appear in political discussions and news media, presenting a stark contrast to a long history of silence and nonrecognition. Conflict-related sexual violence has transitioned rapidly from a neglected human rights issue to an unambiguous security concern on the agendas of powerful states and the United Nations Security Council. Through interviews and primary-source evidence, Kerry F. Crawford investigates the reasons for this dramatic change and the implications of the securitization of sexual violence. Views about wartime sexual violence began changing in the 1990s as a result of the conflicts in the former Yugoslavia and Rwanda and then accelerated in the 2000s. Three case studies—the United States' response to sexual violence in the Democratic Republic of Congo, the adoption of UN Security Council Resolution 1820 in 2008, and the development of the United Kingdom’s Preventing Sexual Violence in Conflict Initiative—illustrate that use of the weapon of war frame does not represent pure co-optation by the security sector. Rather, well-placed advocates have used this frame to advance the antisexual violence agenda while simultaneously working to move beyond the frame’s constraints. This book is a groundbreaking account of the transformation of international efforts to end wartime sexual violence.
Download or read book In Plain Sight written by Gaby Zipfel and published by Zubaan. This book was released on 2019-12-10 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Silenced Victims of Wartime Sexual Violence by : Olivera Simic
Download or read book Silenced Victims of Wartime Sexual Violence written by Olivera Simic and published by Routledge. This book was released on 2018-03-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The condemnation of wartime sexual violence as a gross violation of human rights has received widespread support. While rape and other forms of sexual violence have attracted considerable local and international attention, this often excludes wartime sexual violence among women belonging to so-called ‘perpetrator’ war-torn nations. This book explores the silence surrounding women’s experiences of wartime sexual violence within academic, legal and public discourses. Olivera Simić argues that the international criminal law and feminist legal discourse on wartime sexual violence can construct a problematic victim hierarchy that excludes and misrecognises certain women’s experiences of sexual violence during and after armed conflict. The book focuses on the experiences of Bosnian Serb women, where the collapse of the former Yugoslavia led to brutal war and gross human rights violations throughout the 1990s. Two decades after the war, women in Bosnia and Herzegovina are still facing the legacies of the violence in the 1990s. Through this case Simić argues that while all women survivors of rape face problems of stigma, shame and lack of political visibility, their legal and symbolic status differ according to their ethno-national identity. Drawing on interviews with Bosnian Serb women survivors of rape in Bosnia and Herzegovina, feminist activists, local media, documentary and archival sources, the book examines ‘post-conflict justice’ as it is seen, lived and interpreted by women who belong to ‘perpetrator’ nations and will be of great interest and use to researchers, students and practitioners within post-conflict law and justice, international criminal law, security studies and gender studies.
Book Synopsis Looting and Rape in Wartime by : Tuba Inal
Download or read book Looting and Rape in Wartime written by Tuba Inal and published by University of Pennsylvania Press. This book was released on 2013-03-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women were historically treated in wartime as property. Yet in the Hague Conventions of 1899 and 1907, prohibitions against pillaging property did not extend to the female body. There is a gap of nearly a hundred years between those early prohibitions of pillage and the prohibition of rape finally enacted in the Rome Statute of 1998. In Looting and Rape in Wartime, Tuba Inal addresses the development of these two separate "prohibition regimes," exploring why states make and agree to laws that determine the way war is conducted, and what role gender plays in this process. Inal argues that three conditions are necessary for the emergence of a global prohibition regime: first, a state must believe that it is necessary to comply with the prohibition and that to do otherwise would be costly; second, the idea that a particular practice is undesirable must become the norm; finally, a prohibition regime emerges with state and nonstate actors supporting it all along the way. These conditions are met by the prohibition against pillage, which developed from a confluence of material circumstances and an ideological context: the nineteenth century fostered ideas about the sanctity of private property, which made the act of looting seem more abhorrent. Meanwhile, the existence of conscripted and regulated armies meant that militaries could take measures to prevent it. In that period, however, rape was still considered a crime of passion or a symptom of behavioral disorder—in other words, a distortion of male sexuality and outside of state control—and it would take many decades to erode the grip of those ideas. Only toward the end of the twentieth century did transformations in gender ideology and the increased participation of women in politics bring about broad cultural shifts in the way we perceive sexual violence, women, and women's roles in policy and lawmaking. In examining the historical and ideological context of how these two regimes evolved, Looting and Rape in Wartime provides vital perspective on the forces that block or bring about change in international relations.
Download or read book War and Rape written by Nicola Henry and published by Routledge. This book was released on 2012-07-26 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wartime rape has been virulent in wars of sovereignty, territory, conquest, religion, ideology and liberation, yet attention to this crime has been sporadic throughout history. Rape remains ‘unspeakable’, particularly within law. Moreover, rape has not featured prominently in post-conflict collective memory. And even when rape is ‘remembered’, it is often the subject of political controversy and heated debate. In this book, Henry asks some critical questions about the relationship between mass rape, politics and law. In what ways does law contribute to the collective memory of wartime rape? How do ‘counter-memories’ of victims compete with the denialism of wartime rape? The text specifically analyses the historical silencing of rape throughout international legal history and the potential of law to restore these silenced histories, it also examines the violence of law and the obstacles to individual and collective redemption. Tracing the prosecution of rape crimes within contemporary courts, Henry seeks to argue that politics underscores the way rape is dealt with by the international community in the aftermath of armed conflict. Providing a comprehensive overview of the politics of wartime rape and the politics of prosecuting such crimes within international humanitarian law, this text will be of great interest to scholars of gender and security, war crimes and law and society.
Book Synopsis War Crimes Against Women by : Kelly Dawn Askin
Download or read book War Crimes Against Women written by Kelly Dawn Askin and published by BRILL. This book was released on 2023-08-07 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines laws and customs of war prohibiting rape crimes dating back thousands of years, even though gender-specific crimes, particularly sex crimes, have been prevalent in wartime for centuries. It surveys the historical treatment of women in wartime, and argues that all the various forms of gender-specific crimes must be prosecuted and punished. It reviews the Nuremberg and Tokyo War Crimes Tribunals from a gendered perspective, and discusses how crimes against women could have been prosecuted in these tribunals and suggests explanations as to why they were neglected. It addresses the status of women in domestic and international law during the past one hundred years, including the years preceding World War II and in the aftermath of this war, and in the years immediately preceding the Yugoslav conflict. The evolution of the status and participation of women in international human rights and international humanitarian law is analyzed, including the impact domestic law and practice has had on international law and practice. Finally, this book reviews gender-specific crimes in the Yugoslav conflict, and presents arguments as to how various gender-specific crimes (including rape, forced prostitution, forced impregnation, forced maternity, forced sterilization, genocidal rape, and sexual mutilation) can be, and why they must be, prosecuted under Articles 2-5 of the Yugoslav Statute (i.e., as grave breaches of the Geneva Conventions, torture, violations of the laws of war, violations of the customs of war, genocide, and crimes against humanity). The author, a human rights attorney, academic, and activist, spent three years researching both the treatment of women during periods of armed conflict and humanitarian laws protecting women from war crimes.
Book Synopsis Prosecuting Conflict-related Sexual Violence at the ICTY by : Serge Brammertz
Download or read book Prosecuting Conflict-related Sexual Violence at the ICTY written by Serge Brammertz and published by Oxford University Press. This book was released on 2016 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documenting the experiences, achievements, challenges, and fundamental insights of the Office of the Prosecutor in prosecuting conflict-related sexual violence crimes at the ICTY, this volume analyses and recommends ways to overcome the obstacles faced in prioritizing, investigating and prosecuting conflict-related sexual violence crimes.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Human Rights and the Law Publisher : ISBN 13 : Total Pages :164 pages Book Rating :4.0/5 ( download)
Book Synopsis Rape as a Weapon of War by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Human Rights and the Law
Download or read book Rape as a Weapon of War written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Human Rights and the Law and published by . This book was released on 2008 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Wartime Sexual Violence by : Dara Kay Cohen
Download or read book Wartime Sexual Violence written by Dara Kay Cohen and published by . This book was released on 2013 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wartime rape is neither ubiquitous nor inevitable. The level of sexual violence differs significantly across countries, conflicts, and particularly armed groups. Some armed groups can and do prohibit sexual violence. Such variation suggests that policy interventions should also be focused on armed groups, and that commanders in effective control of their troops are legally liable for patterns of sexual violence they fail or refuse to prevent. Wartime rape is also not specific to certain types of conflicts or to geographic regions. It occurs in ethnic and non-ethnic wars, in Africa and elsewhere. Much remains unknown about the patterns and causes of wartime sexual violence. In particular, existing data cannot determine conclusively whether wartime sexual violence on a global level is increasing, decreasing, or holding steady. Policymakers should instead focus on variation at lower levels of aggregation, and especially across armed groups.
Book Synopsis No Place for a War Baby by : Donna Seto
Download or read book No Place for a War Baby written by Donna Seto and published by Routledge. This book was released on 2016-05-06 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Donna Seto investigates why children born of wartime sexual violence are rarely included in post-conflict processes of reconciliation and recovery. The focus on children born of wartime sexual violence questions the framework of understanding war and recognizes that certain individuals are often forgotten or neglected. This book considers how children are neglected sites for the reproduction of global norms. It approaches this topic through an interdisciplinary perspective that questions how silence surrounding the issue of wartime sexual violence has prevented justice for children born of war from being achieved. In considering this, Seto examines how the theories and practices of mainstream International Relations (IR) can silence the experiences of war rape survivors and children born of wartime sexual violence and explores the theoretical frameworks within IR and the institutional structures that uphold protection regimes for children and women.
Book Synopsis International Criminal Law and Sexual Violence against Women by : Daniela Nadj
Download or read book International Criminal Law and Sexual Violence against Women written by Daniela Nadj and published by Routledge. This book was released on 2018-05-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface in armed conflict and it asks whether the law is capable of reflecting these in subsequent judgements. Focusing on the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda as well as subsequent developments in the International Criminal Court, the book shows how the tribunals have delivered landmark jurisprudence in the area of sexual violence against women and provided a legacy for how gender justice is incorporated into international law. However, Daniela Nadj argues that in the relevant cases there is a tendency to depict women in monolithic fashion with little agency or sense of identity beyond their ethnicity. By bringing to the surface the complexity and multi-faceted gendered identities in wartime, the book calls for a reconceptualisation of notions of femininity in armed conflict.
Book Synopsis Women, Armed Conflict and International Law by : Judith G. Gardam
Download or read book Women, Armed Conflict and International Law written by Judith G. Gardam and published by BRILL. This book was released on 2021-08-04 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 BRILL. This book was released on 2011-10-28 with total page 624 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 Gender, Shame and Sexual Violence by : Sara Sharratt
Download or read book Gender, Shame and Sexual Violence written by Sara Sharratt and published by Routledge. This book was released on 2016-04-22 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on extensive interview material gathered amongst victims, witnesses, judges and NGOs, this book investigates the prosecution of rape and sexual violence in war crimes tribunals, with special attention to The International Court for the Former Yugoslavia (ICTY) and World Court in Sarajevo. It examines the testimonies of victims and witnesses and their reasons for testifying, their attitudes towards perpetrators, the consequences of testifying, their recommendations for other witnesses and conceptions of justice. In addition, it explores the attitudes of judges, prosecutors, psychologists and those in charge of protecting and offering services. Adopting a feminist approach, ’Gender, Shame and Sexual Violence’ challenges the assumption that the deterrent effect of making rape trials more visible would reduce the occurrence of sexual violence in conflict situations, contending instead that the manner in which cases are handled both increases the victims’ sense of shame and serves to propagate a representation of women's bodies that may actually serve to increase the use of sexual violence during war. A compelling analysis of the prosecution of rape as a war crime, this volume offers extensive new empirical material that will be of interest to scholars of sociology, gender studies, criminology, politics, international relations and law.
