Sexual Offenses In Armed Conflict And International Law

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Sexual Offenses in Armed Conflict and International Law

Author : Noëlle Quénivet
Publisher : BRILL
ISBN 13 : 900447854X
Total Pages : 228 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Sexual Offenses in Armed Conflict and International Law by : Noëlle Quénivet

Download or read book Sexual Offenses in Armed Conflict and International Law written by Noëlle Quénivet and published by BRILL. This book was released on 2021-10-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law and Sexual Violence in Armed Conflicts

Author : Chile Eboe-Osuji
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004227229
Total Pages : 372 pages
Book Rating : 4.0/5 (42 download)

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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.

International Law and Sexual Violence in Armed Conflicts

Author : Chile Eboe-Osuji
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004202625
Total Pages : 373 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Law and Sexual Violence in Armed Conflicts by : Chile Eboe-Osuji

Defining Rape: Emerging Obligations for States under International Law?

Author : Maria Eriksson
Publisher : BRILL
ISBN 13 : 9004225951
Total Pages : 624 pages
Book Rating : 4.0/5 (42 download)

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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 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. Whereas the prohibition of rape has been consistently recognised in these areas of law, the definition of the offence has been a later concern to international law. Attempts to define the crime have, however, been made by the ad hoc tribunals (International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia), regional human rights courts and UN treaty bodies. Increasing duties are thus placed on states, not only to prevent rape through the enactment of criminal laws, but to adopt specific elements of the crime in domestic legislation. This study systematises and analyses such emerging obligations in international law. This leads to overarching questions on the fragmentation and harmonisation of norms between various regimes in international law.

Wartime Sexual Violence at the International Level: A Legal Perspective

Author : Caterina E. Arrabal Ward
Publisher : BRILL
ISBN 13 : 9004360085
Total Pages : 272 pages
Book Rating : 4.0/5 (43 download)

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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 2018-07-10 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.

Sexualised Crimes, Armed Conflict and the Law

Author : Hannah Baumeister
Publisher : Routledge
ISBN 13 : 1351619217
Total Pages : 209 pages
Book Rating : 4.3/5 (516 download)

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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.

Sexual Exploitation and Abuse by UN Military Contingents

Author : Róisín Sarah Burke
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004208488
Total Pages : 402 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Sexual Exploitation and Abuse by UN Military Contingents by : Róisín Sarah Burke

Download or read book Sexual Exploitation and Abuse by UN Military Contingents written by Róisín Sarah Burke and published by Martinus Nijhoff Publishers. This book was released on 2014-06-05 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility under International law Róisín Burke explores the legal, conceptual and practical difficulties of dealing with sexual offences committed by military contingent personnel deployed on UN peace operations. Some of the inadequacies of current legal frameworks for dealing with such abuses are examined. The book addresses the difficulties with applying international humanitarian law, human rights law and/or international criminal law in this context, and the broader issue of state/international organization responsibility. The book proposes policy options to increase accountability both for perpetrators and for troop contributing nations otherwise indifferent to the crimes of their national contingents.

Women, Armed Conflict and International Law

Author : Judith G. Gardam
Publisher : BRILL
ISBN 13 : 9004482008
Total Pages : 306 pages
Book Rating : 4.0/5 (44 download)

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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.

War Crimes and the Conduct of Hostilities

Author : Fausto Pocar
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955921
Total Pages : 405 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis War Crimes and the Conduct of Hostilities by : Fausto Pocar

Download or read book War Crimes and the Conduct of Hostilities written by Fausto Pocar and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠThis comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual viole

Impunity in sexual violence against girl children during armed conflict

Author : Marina Fernandez Arroyo
Publisher : GRIN Verlag
ISBN 13 : 366840724X
Total Pages : 37 pages
Book Rating : 4.6/5 (684 download)

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Book Synopsis Impunity in sexual violence against girl children during armed conflict by : Marina Fernandez Arroyo

Download or read book Impunity in sexual violence against girl children during armed conflict written by Marina Fernandez Arroyo and published by GRIN Verlag. This book was released on 2017-03-01 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Countering Sexual Violence in Conflict

Author : Jamille Bigio
Publisher : Council on Foreign Relations
ISBN 13 : 087609728X
Total Pages : 55 pages
Book Rating : 4.8/5 (76 download)

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Book Synopsis Countering Sexual Violence in Conflict by : Jamille Bigio

Download or read book Countering Sexual Violence in Conflict written by Jamille Bigio and published by Council on Foreign Relations. This book was released on 2017-10-01 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual violence in conflict is not simply a gross violation of human rights—it is also a security challenge.

Rape, the Least Condemned War Crime. Human Rights are not Women’s Rights

Author : Maribel Roman
Publisher : GRIN Verlag
ISBN 13 : 366891897X
Total Pages : 31 pages
Book Rating : 4.6/5 (689 download)

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Book Synopsis Rape, the Least Condemned War Crime. Human Rights are not Women’s Rights by : Maribel Roman

Download or read book Rape, the Least Condemned War Crime. Human Rights are not Women’s Rights written by Maribel Roman and published by GRIN Verlag. This book was released on 2019-04-09 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

War Crimes Against Women

Author : Kelly Dawn Askin
Publisher : BRILL
ISBN 13 : 9004642412
Total Pages : 473 pages
Book Rating : 4.0/5 (46 download)

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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.

Sex and Gender Crimes in the New International Law

Author : Alona Hagay-Frey
Publisher : BRILL
ISBN 13 : 900421593X
Total Pages : 198 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Sex and Gender Crimes in the New International Law by : Alona Hagay-Frey

Download or read book Sex and Gender Crimes in the New International Law written by Alona Hagay-Frey and published by BRILL. This book was released on 2011-06-22 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In times of conflict, women have traditionally been excluded from protection of the law. This book analyzes the treatment of sex and gender crimes under international law by identifying various legal eras, from the inception of international criminal law until its most recent formulation, the Rome Statute. The author conducts her critical journey armed with insights about the development of the crime of rape in domestic law and feminist theories, and exposes gaps and silences in international law's treatment of sex and gender crimes. The author claims that the underlying stratum of sex crimes – the gender stratum – must be acknowledged. Hence, it is not sufficient to treat rape as another offense under existing traditional crime categories. It must also be anchored as a separate crime category that clearly establishes the boundaries of the legal norm, harmonizes different nations’ laws, and eradicates the remnants of patriarchy linked to this offense.

Gender Violence

Author : Astrid Aafjes
Publisher : Kumarian Press
ISBN 13 : 9781890832087
Total Pages : 0 pages
Book Rating : 4.8/5 (32 download)

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Book Synopsis Gender Violence by : Astrid Aafjes

Download or read book Gender Violence written by Astrid Aafjes and published by Kumarian Press. This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report addresses sexual violence against women in situations of armed conflict. It evaluates all existing international law against sexual assault, the international mechanisms available for its enforcement and the reasons why these mechanisns have failed to redress and prevent gender violence in war situations especially when the instruments have been ratified and signed by almost all countries. The report makes recommendations to governments and international bodies on how to take legal and moral responsibility to prevent, investigate and punish gender-based abuses committed by state agents during armed conflict.

Looting and Rape in Wartime

Author : Tuba Inal
Publisher : University of Pennsylvania Press
ISBN 13 : 0812207750
Total Pages : 280 pages
Book Rating : 4.8/5 (122 download)

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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.

War crimes and crimes against humanity in the Rome Statute of the International Criminal Court

Author : Christine Byron
Publisher : Manchester University Press
ISBN 13 : 1847796516
Total Pages : 331 pages
Book Rating : 4.8/5 (477 download)

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Book Synopsis War crimes and crimes against humanity in the Rome Statute of the International Criminal Court by : Christine Byron

Download or read book War crimes and crimes against humanity in the Rome Statute of the International Criminal Court written by Christine Byron and published by Manchester University Press. This book was released on 2013-07-19 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute of the International Criminal Court. Each crime is discussed from its origins in treaty or customary international law, through developments as a result of the jurisprudence of modern ad hoc or internationalised tribunals, to modifications introduced by the Rome Statute and the Elements of Crimes. The influence of human rights law upon the definition of crimes is discussed, as is the possible impact of State reservations to the underlying treaties which form the basis for the conduct covered by the offences in the Rome Statute. Examples are also given from recent conflicts to aid a ‘real life’ discussion of the type of conduct over which the International Criminal Court may take jurisdiction. This will be relevant to postgraduates, academics and professionals with an interest in the International Criminal Court and the normative basis for the crimes over which the Court may take jurisdiction.