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The Role Of International Tribunals In The Elimination Of Gender Based Violence Committed During Armed Conflict
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Book Synopsis The Role of International Tribunals in the Elimination of Gender Based Violence Committed During Armed Conflict by : Denise P. Neives
Download or read book The Role of International Tribunals in the Elimination of Gender Based Violence Committed During Armed Conflict written by Denise P. Neives and published by . This book was released on 2002 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Sexual and Gender-Based Violence in International Law by : Bharat H. Desai
Download or read book Sexual and Gender-Based Violence in International Law written by Bharat H. Desai and published by Springer Nature. This book was released on 2022-06-18 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses sexual and gender-based violence (SGBV) against women from an international law point of view. It identifies the reasons behind SGBV against women with a specific focus on cultural practices that try to justify it and highlights the legal challenges related to the topic for both national and international justice systems. The seven chapters of the book are: i) Introduction ii) SGBV a global concern; iii) International legal protection; iv) Role of international institutions; v) Role of cultural factors and vi) Challenges vii) Conclusions. In the light of concerted global efforts to bring to an end, or at least severely contain SGBV against women, the book provides a future roadmap to the United Nations system, States, international institutions, multidisciplinary scholars, civil society organizations and other global actors. The book contains a Foreword by Peter Maurer, President of International Committee of the Red Cross (ICRC).
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 Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals by : Hilmi M. Zawati
Download or read book Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals written by Hilmi M. Zawati and published by Oxford University Press. This book was released on 2015-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, and with fair labelling as a legal principle and a theoretical framework. Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, examines its intellectual development, scope and justification, and illustrates its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.
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 Listening to the Silences by : Helen Durham
Download or read book Listening to the Silences written by Helen Durham and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates that women are taking on increasingly less traditional roles during war, and that these roles are multifaceted, complicated and sometimes contradictory. Reveals that women's requirements during times of war will continue to be inadequate so long as we continue silencing the differing perspectives. Australian editors.
Author :Chiseche Salome Mibenge Publisher :Pennsylvania Studies in Human ISBN 13 :9780812224542 Total Pages :248 pages Book Rating :4.2/5 (245 download)
Book Synopsis Sex and International Tribunals by : Chiseche Salome Mibenge
Download or read book Sex and International Tribunals written by Chiseche Salome Mibenge and published by Pennsylvania Studies in Human. This book was released on 2019-09-27 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chiseche Salome Mibenge applies stringent analysis to the humanitarian but flawed legal narratives of sexual violence in Rwanda and Sierra Leone, calling for more nuanced analysis of how gender shapes violence and access to justice for survivors.
Book Synopsis Lives Blown Apart by : Amnesty International
Download or read book Lives Blown Apart written by Amnesty International and published by Amnesty International. This book was released on 2004 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this report, Amnesty International shows some of the ways in which conflict affects women, and the many different roles which women play in conflict. Women are not only victims (rape, refugees) and survivors, but also activists, negotiators, peace-builders and human rights defenders.
Book Synopsis Post Conflict Prosecution of Gender-based Violence by : Emily Nyiva Kinama
Download or read book Post Conflict Prosecution of Gender-based Violence written by Emily Nyiva Kinama and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender-based violence (GBV) has been used as a tool of instilling fear, hatred and persecution during conflict situations. It is a fact that GBV takes place pre-conflict situations. Moreover, conflicts and wars only accelerate the rate at which GBV is committed. In the 1990s and early 2000s, there was conflict in the Former Yugoslavia, Rwanda and Sierra Leone. These conflicts went down in history as conflicts where horrendous crimes were committed. As a result of the atrocities committed and the magnitude of victims, the international community with the assistance of the United Nations formed the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone. These international tribunals were given the task of prosecuting the perpetrators of these crimes. Prior to the formation of these tribunals, the international community had experienced other wars whereby international tribunals were also formed to deal with the atrocities committed. However, this research only aims at comparatively analysing the ICTY, TCTR and the SCSL because these new tribunals were the first in experiencing the development of the prosecution of GBV. The former international tribunals did not effectively deal with gendered crimes therefore there was no precedent set in international law regarding the prosecutions of these crimes. The conflicts that occurred in the Former Yugoslavia, Rwanda and Sierra Leone also saw the introduction of more brutal forms of GBV. These forms of GBV that developed forced the tribunals to change the way they prosecuted gender-based crimes because the nature and the magnitude at which the crimes were committed was massive. Forms of GBV that were earlier recognised such as rape and sexual violence were now being used as a means through which the perpetrators committed war crimes, crimes against humanity and genocide. The comparative analysis between the ICTR, the ICTY and the SCSL also aims at showing how the different challenges and hurdles that these courts faced when prosecuting these crimes. The pitfalls that the tribunals experienced at the pre-trial phase are also investigated and critically analysed with the aim of drawing lessons about mistakes that should not be repeated in newer international tribunals. A comparative analysis will also be done on the different precedents that were set by the cases that were heard in these tribunals with the aim of showing how these tribunals have indeed contributed to the development of the prosecution of these types of crimes. Finally, recommendations will be made regarding how future international tribunals better deal with these crimes. The research paper also aims at creating awareness that these types of crimes must be treated differently and with caution because the effects that the victims suffer from last way after the conflicts and trials are over. Lessons must be carried from past prosecutions in order to correct and better improve the way in which the prosecutions are carried out and also the way in which the different victims are treated even after the prosecutions have been completed.
Book Synopsis International Civil Tribunals and Armed Conflict by : Michael Matheson
Download or read book International Civil Tribunals and Armed Conflict written by Michael Matheson and published by Martinus Nijhoff Publishers. This book was released on 2012-02-17 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: At various times in modern history, the international community has turned to international litigation as a hoped-for means of avoiding, ending, or dealing with the consequences of armed conflict; but until the past three decades, such litigation rarely had a significant impact. However, since the 1980s, international civil tribunals have become increasingly involved in armed conflicts, sometimes with important results. This book explores the recent cases in which the International Court of Justice and other tribunals have dealt with such situations. It assesses the manner in which these cases have been decided, the degree to which they have affected the resolution of the conflicts in question, and their contribution to the development of the applicable substantive law.
Book Synopsis The Ecumenical violence from a gender perspective by : Dra. Patricia A. Taus
Download or read book The Ecumenical violence from a gender perspective written by Dra. Patricia A. Taus and published by Lulu.com. This book was released on 2014-07-22 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the various rules and jurisprudence of regional and universal organizations control standards based on international humanitarian law and human rights, to perform a global analysis of the various forms that gender violence affecting mainly the women and LGBT people. The crime of gender violence may include, among others, selective abortion based on sex, female infanticide, trafficking, rape during wartime, killings dowry, forced marriages, homophobic attacks to people or LGBT groups, etc. However, there are questionable actions from protector system of international law of human rights that are presented as ""tolerated"" based on religious, cultural or social precepts and sometimes legally accepted. After analyzing sampling of cases in the various countries of the world, possibly generated intellectual questions about the real situation in the West and East and the need for a global joint efforts in order to achieve gender equality stop be a utopia and merely declaratory provision.
Book Synopsis On the Frontlines by : Fionnuala Ni Aolain
Download or read book On the Frontlines written by Fionnuala Ni Aolain and published by Oxford University Press. This book was released on 2011-11-16 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender oppression has been a feature of war and conflict throughout human history, yet until fairly recently, little attention was devoted to addressing the consequences of violence and discrimination experienced by women in post-conflict states. Thankfully, that is changing. Today, in a variety of post-conflict settings--the former Yugoslavia, Afghanistan, Colombia, Northern Ireland --international advocates for women's rights have focused bringing issues of sexual violence, discrimination and exclusion into peace-making processes.In On the Frontlines, Fionnuala Ni Aolain, Dina Francesca Haynes, and Naomi Cahn consider such policies in a range of cases and assess the extent to which they have had success in improving women's lives. They argue that there has been too little success, and that this is in part a product of a focus on schematic policies like straightforward political incorporation rather than a broader and deeper attempt to alter the cultures and societies that are at the root of much of the violence and exclusions experienced by women. They contend that this broader approach would not just benefit women, however. Gender mainstreaming and increased gender equality has a direct correlation with state stability and functions to preclude further conflict. If we are to have any success in stabilizing failing states, gender needs to move to fore of our efforts. With this in mind, they examine the efforts of transnational organizations, states and civil society in multiple jurisdictions to place gender at the forefront of all post-conflict processes. They offer concrete analysis and practical solutions to ensuring gender centrality in all aspects of peace making and peace enforcement.
Book Synopsis United Nations System Efforts to Address Violence Against Women by : Luisa Blanchfield
Download or read book United Nations System Efforts to Address Violence Against Women written by Luisa Blanchfield and published by DIANE Publishing. This book was released on 2012-10-12 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis DOMESTIC VIOLENCE AGAINST WOMEN by : Vitulia Ivone
Download or read book DOMESTIC VIOLENCE AGAINST WOMEN written by Vitulia Ivone and published by CEDAM. This book was released on 2019-12-05 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence against women is one of the most widespread, pervasive and serious violations of human rights affecting every country or area of the globe. Domestic violence against women and girls – commonly known as intimate partner violence or family violence – concerns any form of physical, psychological, sexual, or economic abuse perpetrated by partners and relatives. It encompasses multiple and varied acts and behaviors – ranging from emotional and verbal abuse to femicide – aiming at affirming power and control over women and their lives. Although combating this form of violence is especially challenging in the context of private settings, domestic violence is no longer treated as a “private matter”. Decades of mobilization and sensitization of societies and institutions, strongly supported by the restless action of women’s movements, have contributed to making violence against women a priority on the national and international agendas. Indeed, the road to the adoption of international binding instruments and national legislation on domestic violence has been long and twisted. Nonetheless, today women are protected against violence by some landmark legal instruments adopted at the global, regional and national levels. This book aims to offer a systematic overview of the legal protection afforded to women and girls against domestic violence and other relevant forms of violence and discrimination, while also critically assessing the state of the law at international, regional and domestic levels. Special focus is placed on the European and Italian legal frameworkS.
Book Synopsis The Politics of Gender Justice at the International Criminal Court by : Louise Chappell
Download or read book The Politics of Gender Justice at the International Criminal Court written by Louise Chappell and published by Oxford University Press. This book was released on 2015-10-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1998, the Rome Statute to the International Criminal Court (ICC) emerged as a groundbreaking treaty both due to its codification of international criminal law and its recognition of the crimes committed against women in times of war and conflict. The ICC criminalized acts of rape, sexual slavery, and enforced pregnancy, amongst others, to provide the most advanced articulation ever of gender based violence under international law. However, thus far no scholarly book has analyzed whether or not the implementation of the ICC has been successful. The Politics of Gender Justice at the International Criminal Court fills this intellectual gap, specifically examining the gender justice design features of the Rome Statute (the foundation of the ICC), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Louise Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges. Meticulous and comprehensive, this book refines the notion of gender justice principles and adds a valuable, but as yet unrecognized, gender dimension to the burgeoning historical institutionalist approach to international relations. Chappell links feminist international relations literature with feminist institutionalism literature for the first time, thereby strengthening and adding to both fields. Ultimately, Chappell's analysis is an essential step towards attaining a greater degree of gender equality in the context of international law. The definitive volume on gender and the ICC, The Politics of Gender Justice at the International Criminal Court is a valuable resource for students and scholars of international relations, international law, and human rights.
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 Conflict-Related Violence against Women by : Aisling Swaine
Download or read book Conflict-Related Violence against Women written by Aisling Swaine and published by Cambridge University Press. This book was released on 2018-02-15 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: By comparatively assessing three conflict-affected jurisdictions (Liberia, Northern Ireland and Timor-Leste), Conflict-Related Violence against Women empirically and theoretically expands current understanding of the form and nature of conflict-time harms impacting women. The 'violences' that occur in conflict beyond strategic rape are first identified. Employing both a disaggregated and an aggregated approach, relations between forms of violence within and across each context's pre-, mid- and post-conflict phase are then assessed, identifying connections and distinctions in violence. Swaine highlights a wider spectrum of conflict-related violence against women than is currently acknowledged. She identifies a range of forces that simultaneously push open and close down spaces for addressing violence against women through post-conflict transitional justice. The book proposes that in the aftermath of conflict, a transformation rather than a transition is required if justice is to play a role in preventing gendered violence before conflict and its appearance during and after conflict.
