Gender And International Criminal Law

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Gender and International Criminal Law

Indira Rosenthal,Valerie Oosterveld,Susana SáCouto
Gender and International Criminal Law Book PDF

Author : Indira Rosenthal,Valerie Oosterveld,Susana SáCouto
Publisher : Oxford University Press
Page : 497 pages
File Size : 48,5 Mb
Release : 2022-07-14
Category : Criminal law
ISBN : 9780198871583

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Gender and International Criminal Law by Indira Rosenthal,Valerie Oosterveld,Susana SáCouto Pdf

The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail. This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings of gender, before considering how a limited conceptualization affects accountability efforts. The authors consider how best to implement a more nuanced understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and humanitarian law, and encouraging a gender-competent approach to judging in ICL. The authors' aim is to strengthen efforts for accountability for all atrocity crimes-war crimes, crimes against humanity, genocide, and aggression.

The Politics of Gender Justice at the International Criminal Court

Louise A. Chappell
The Politics of Gender Justice at the International Criminal Court Book PDF

Author : Louise A. Chappell
Publisher : Oxford University Press
Page : 299 pages
File Size : 44,7 Mb
Release : 2016
Category : Law
ISBN : 9780199927913

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The Politics of Gender Justice at the International Criminal Court by Louise A. Chappell Pdf

The definitive volume on gender and the ICC, this book makes substantial contributions to the fields of feminist international relations, feminist institutionalism, and historical institutionalism.

Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court

Rosemary Grey
Prosecuting Sexual and Gender Based Crimes at the International Criminal Court Book PDF

Author : Rosemary Grey
Publisher : Cambridge University Press
Page : 395 pages
File Size : 42,7 Mb
Release : 2019-04-11
Category : Law
ISBN : 9781108470438

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Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court by Rosemary Grey Pdf

Detailed study of the ICC's practice in prosecuting gender-based crimes, current up to the ICC Statute's twentieth anniversary in 2018.

International Criminal Law and Sexual Violence against Women

Daniela Nadj
International Criminal Law and Sexual Violence against Women Book PDF

Author : Daniela Nadj
Publisher : Routledge
Page : 280 pages
File Size : 52,9 Mb
Release : 2018-05-23
Category : Law
ISBN : 9781317228189

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International Criminal Law and Sexual Violence against Women by Daniela Nadj Pdf

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.

Reproductive Violence and International Criminal Law

Tanja Altunjan
Reproductive Violence and International Criminal Law Book PDF

Author : Tanja Altunjan
Publisher : Springer Nature
Page : 306 pages
File Size : 47,9 Mb
Release : 2021-03-13
Category : Law
ISBN : 9789462654518

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Reproductive Violence and International Criminal Law by Tanja Altunjan Pdf

This book deals with the phenomenon of conflict-related reproductive violence and explores the international legal framework’s capacity to respond to it. The international discourse on gender-based violence in conflicts tends to focus on sexualized crimes, which leads to incomplete narratives of the gendered dimensions of armed conflicts. In particular, international law has often remained silent on conflict-related violence affecting or aimed at the victim’s reproductive system. The author conceptualizes reproductive violence as a distinct manifestation of gender-based violence and a violation of reproductive autonomy. The analysis explores the historical approaches to reproductive violence and evaluates the current potentials of international criminal law for its prosecution as genocide, crimes against humanity, and war crimes. In this regard, it also develops proposals for a gender-sensitive interpretation of the existing legal framework as well as possible amendments to it. The book is aimed at researchers and practitioners in the fields of international criminal justice and international human rights law with an interest in gender perspectives on international law, sexualized and gender-based violence, and the discourse on reproductive human rights. Tanja Altunjan is a former researcher at Humboldt-Universität zu Berlin where she obtained her doctoral degree in criminal law.

Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals

Hilmi M. Zawati
Fair Labelling and the Dilemma of Prosecuting Gender Based Crimes at the International Criminal Tribunals Book PDF

Author : Hilmi M. Zawati
Publisher : Oxford University Press
Page : 273 pages
File Size : 51,7 Mb
Release : 2015-11
Category : Law
ISBN : 9780199357116

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Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals by Hilmi M. Zawati Pdf

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.

Rainbow Jurisdiction at the International Criminal Court

Valérie V. Suhr
Rainbow Jurisdiction at the International Criminal Court Book PDF

Author : Valérie V. Suhr
Publisher : Springer Nature
Page : 405 pages
File Size : 48,7 Mb
Release : 2021-12-13
Category : Law
ISBN : 9789462654839

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Rainbow Jurisdiction at the International Criminal Court by Valérie V. Suhr Pdf

This timely book comprehensively examines whether the worst human rights violations directed specifically at sexual and gender minorities are punishable under international criminal law, as codified in the Rome Statute of the International Criminal Court. Drawing on general rules of interpretation, the development of human rights for sexual and gender minorities, and the social construction of gender, this monograph reveals that the worst crimes committed against persons because of their sexual orientation or gender identity can amount to crimes against humanity, particularly the crime of persecution under Article 7(1)(h). It also shows how legislators can be held individually criminally responsible for passing laws that criminalize consensual same-sex sexuality. The book not only makes a significant and original contribution to the literature but is also highly relevant for international criminal law practitioners, since, so far, no cases regarding this topic exist. Dr. Valérie V. Suhr is currently a trainee lawyer in the district of the Koblenz Court of Appeal in Germany

Feminist Engagement with International Criminal Law

Eithne Dowds
Feminist Engagement with International Criminal Law Book PDF

Author : Eithne Dowds
Publisher : Bloomsbury Publishing
Page : 237 pages
File Size : 53,9 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781509921904

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Feminist Engagement with International Criminal Law by Eithne Dowds Pdf

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.

Sex and Gender Crimes in the New International Law

Alona Hagay-Frey
Sex and Gender Crimes in the New International Law Book PDF

Author : Alona Hagay-Frey
Publisher : BRILL
Page : 198 pages
File Size : 53,8 Mb
Release : 2011-06-22
Category : Law
ISBN : 9789004215931

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Sex and Gender Crimes in the New International Law by Alona Hagay-Frey Pdf

Much remains to be achieved to protect women during conflict. This book analyzes the way that international law has contended with sex and gender crimes and examines the need for a separate recognition of sex and gender crimes under international criminal law.

Sexualised Crimes, Armed Conflict and the Law

Hannah Baumeister
Sexualised Crimes Armed Conflict and the Law Book PDF

Author : Hannah Baumeister
Publisher : Routledge
Page : 209 pages
File Size : 40,5 Mb
Release : 2018-06-04
Category : Law
ISBN : 9781351619219

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Sexualised Crimes, Armed Conflict and the Law by Hannah Baumeister Pdf

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.

Gender in Transitional Justice

S. Buckley-Zistel,R. Stanley
Gender in Transitional Justice Book PDF

Author : S. Buckley-Zistel,R. Stanley
Publisher : Springer
Page : 293 pages
File Size : 52,5 Mb
Release : 2011-11-30
Category : Political Science
ISBN : 9780230348615

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Gender in Transitional Justice by S. Buckley-Zistel,R. Stanley Pdf

Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.

State Crime, Women and Gender

Victoria E. Collins
State Crime Women and Gender Book PDF

Author : Victoria E. Collins
Publisher : Routledge
Page : 238 pages
File Size : 54,7 Mb
Release : 2015-10-05
Category : Social Science
ISBN : 9781317690221

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State Crime, Women and Gender by Victoria E. Collins Pdf

The United Nations has called violence against women "the most pervasive, yet least recognized human rights abuse in the world" and there is a long-established history of the systematic victimization of women by the state during times of peace and conflict. This book contributes to the established literature on women, gender and crime and the growing research on state crime and extends the discussion of violence against women to include the role and extent of crime and violence perpetrated by the state. State Crime, Women and Gender examines state-perpetrated violence against women in all its various forms. Drawing on case studies from around the world, patterns of state-perpetrated violence are examined as it relates to women’s victimization, their role as perpetrators, resistors of state violence, as well as their engagement as professionals in the international criminal justice system. From the direct involvement of Condaleeza Rice in the United States-led war on terror, to the women of Egypt’s Arab Spring Uprising, to Afghani poetry as a means to resist state-sanctioned patriarchal control, case examples are used to highlight the pervasive and enduring problem of state-perpetrated violence against women. The exploration of topics that have not previously been addressed in the criminological literature, such as women as perpetrators of state violence and their role as willing consumers who reinforce and replicate the existing state-sanctioned patriarchal status quo, makes State Crime, Women and Gender a must-read for students and scholars engaged in the study of state crime, victimology and feminist criminology.

Women, Crime and Criminal Justice

Rosemary Barberet
Women Crime and Criminal Justice Book PDF

Author : Rosemary Barberet
Publisher : Routledge
Page : 266 pages
File Size : 46,8 Mb
Release : 2014-04-16
Category : Social Science
ISBN : 9781135005740

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Women, Crime and Criminal Justice by Rosemary Barberet Pdf

Women, Crime and Criminal Justice is the winner of the Division of International Criminology’s Distinguished Book Award 2014 and the Academy of Criminal Justice Sciences International Section's 2015 Outstanding Book Award and the first fully internationalised book to focus on women as offenders, victims and justice professionals. It provides background, as well as specialized information that allows readers to comprehend the global forces that shape women and crime; analyze different types of violence against women (in peacetime and in armed conflict); and grasp the challenges faced by women in justice professions such as the police, the judiciary and international peacekeeping. Provocative, highly topical, engaging and written by an expert in the field, this book examines the role of women in crime and criminal justice internationally. Topics covered include: the role of globalization and development in patterns of female offending and victimization, how a human rights framework can help explain women ́s crime, victimization and the criminal justice response, global women’s activism, international perspectives on violence against women, including femicide, violence in conflict and post conflict settings, sex work and sex trafficking, women’s access to justice, as well as the increased role of women in international criminal justice settings. This book will be essential reading for those involved in the study of development, human rights, governance, security sector reform, international relations and public health, as debates about these subjects are intrinsically linked to the issues surrounding women, crime and justice. It will also be useful for students taking courses on gender, crime and criminal justice, violence against women, international criminal justice and gender studies.

International Criminal Justice. Cooperation and fighting of male sexual crimes

Dimitris Liakopoulos
International Criminal Justice Cooperation and fighting of male sexual crimes Book PDF

Author : Dimitris Liakopoulos
Publisher : GRIN Verlag
Page : 383 pages
File Size : 53,7 Mb
Release : 2019-04-01
Category : Law
ISBN : 9783668912151

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International Criminal Justice. Cooperation and fighting of male sexual crimes by Dimitris Liakopoulos Pdf

Document from the year 2019 in the subject Law - European and International Law, Intellectual Properties, Tufts University, language: English, abstract: The focus of this book is the analysis of male sexual crimes in international criminal justice. The first part of the present research work is focused on the legal analysis of the relevant articles of international criminal court's Statute regarding the obligation of cooperation between states for the punishment of serious crimes against humanity and war. Judicial development, starting with the ad hoc tribunals and arriving at causes at various stages of proceedings still ongoing in the International Criminal Court (ICC), opens doctrinal and comparative national debates especially in the case of lacking states cooperation, seeking to elaborate specific topics such as the obligation of states cooperation, requests for assistance during preliminary investigations,during inquires, and confidential information. Court assistance to states parties participating in the Statute, suspending the execution of a request, the role of the prosecutor and the non-assistance of some states impede the development and operation of international criminal justice. The second part has attempted to analyze sexual crimes and especially the crime of male rape.The jurisprudence of international criminal tribunals and the ICC have tried to qualify rapeeither as a crime of genocide in the form of serious and physical injuries, even if notnecessarily permanent (lett.b) Art.6 of the Rome Statute; or as a crime against humanity wherethere are elements of context and above all material elements that emerge from the defenitionsgiven by the ad hoc tribunals and the elements of crimes; or even as a war crime in case it isimplemented to that of sexual violence, according to a geneder specific relationship tospeciem. Judges through the jurisprudence have included in this context any conduct of asexual type of aggression to human dignity that does not consist in an act of penetration andthat does not involve physical contract. The contrasts are always open. Due to the lack ofdealing with a "particular" crime and difficult to prove it or testify before an internationalcourt. The indication on the level of gravity of the crime is necessary for the relevance ofsexual violence and rape as crimes against humanity that we will see in the coming years.

The New Histories of International Criminal Law

Immi Tallgren,Thomas Skouteris
The New Histories of International Criminal Law Book PDF

Author : Immi Tallgren,Thomas Skouteris
Publisher : Oxford University Press
Page : 288 pages
File Size : 50,5 Mb
Release : 2019-03-21
Category : Law
ISBN : 9780192565143

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The New Histories of International Criminal Law by Immi Tallgren,Thomas Skouteris Pdf

The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.