Sexual Offenses In Armed Conflict And International Law

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Sexual Offenses in Armed Conflict and International Law

Noëlle Quénivet
Sexual Offenses in Armed Conflict and International Law Book PDF

Author : Noëlle Quénivet
Publisher : BRILL
Page : 228 pages
File Size : 55,7 Mb
Release : 2021-10-01
Category : Law
ISBN : 9789004478541

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Sexual Offenses in Armed Conflict and International Law by Noëlle Quénivet Pdf

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

Chile Eboe-Osuji
International Law and Sexual Violence in Armed Conflicts Book PDF

Author : Chile Eboe-Osuji
Publisher : Martinus Nijhoff Publishers
Page : 373 pages
File Size : 42,8 Mb
Release : 2012-08-27
Category : Law
ISBN : 9789004202627

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International Law and Sexual Violence in Armed Conflicts by Chile Eboe-Osuji Pdf

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.

Wartime Sexual Violence at the International Level: A Legal Perspective

Caterina E. Arrabal Ward
Wartime Sexual Violence at the International Level A Legal Perspective Book PDF

Author : Caterina E. Arrabal Ward
Publisher : BRILL
Page : 272 pages
File Size : 45,9 Mb
Release : 2018-07-19
Category : Law
ISBN : 9789004360082

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Wartime Sexual Violence at the International Level: A Legal Perspective by Caterina E. Arrabal Ward Pdf

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.

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 : 43,7 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.

Sexual Exploitation and Abuse by UN Military Contingents

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

Author : Róisín Sarah Burke
Publisher : Martinus Nijhoff Publishers
Page : 402 pages
File Size : 52,9 Mb
Release : 2014-06-05
Category : Law
ISBN : 9789004208483

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Sexual Exploitation and Abuse by UN Military Contingents by Róisín Sarah Burke Pdf

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

Judith G. Gardam,Michelle J. Jarvis
Women Armed Conflict and International Law Book PDF

Author : Judith G. Gardam,Michelle J. Jarvis
Publisher : BRILL
Page : 306 pages
File Size : 52,8 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004482005

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Women, Armed Conflict and International Law by Judith G. Gardam,Michelle J. Jarvis Pdf

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.

Defining Rape: Emerging Obligations for States under International Law?

Maria Eriksson
Defining Rape Emerging Obligations for States under International Law Book PDF

Author : Maria Eriksson
Publisher : BRILL
Page : 624 pages
File Size : 40,8 Mb
Release : 2011-10-28
Category : Law
ISBN : 9789004225954

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Defining Rape: Emerging Obligations for States under International Law? by Maria Eriksson Pdf

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.

War Crimes Against Women

Kelly Dawn Askin
War Crimes Against Women Book PDF

Author : Kelly Dawn Askin
Publisher : BRILL
Page : 473 pages
File Size : 53,9 Mb
Release : 2023-08-07
Category : Law
ISBN : 9789004642416

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War Crimes Against Women by Kelly Dawn Askin Pdf

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.

War Crimes and the Conduct of Hostilities

Fausto Pocar,Marco Pedrazzi,Micaela Frulli
War Crimes and the Conduct of Hostilities Book PDF

Author : Fausto Pocar,Marco Pedrazzi,Micaela Frulli
Publisher : Edward Elgar Publishing
Page : 405 pages
File Size : 44,6 Mb
Release : 2013-09-30
Category : Law
ISBN : 9781781955925

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War Crimes and the Conduct of Hostilities by Fausto Pocar,Marco Pedrazzi,Micaela Frulli Pdf

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

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

Maribel Roman
Rape the Least Condemned War Crime Human Rights are not Women s Rights Book PDF

Author : Maribel Roman
Publisher : GRIN Verlag
Page : 31 pages
File Size : 43,5 Mb
Release : 2019-04-09
Category : Law
ISBN : 9783668918979

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

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.

Prosecuting Conflict-related Sexual Violence at the ICTY

Serge Brammertz,Michelle J. Jarvis
Prosecuting Conflict related Sexual Violence at the ICTY Book PDF

Author : Serge Brammertz,Michelle J. Jarvis
Publisher : Oxford University Press
Page : 545 pages
File Size : 55,7 Mb
Release : 2016
Category : Law
ISBN : 9780198768562

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Prosecuting Conflict-related Sexual Violence at the ICTY by Serge Brammertz,Michelle J. Jarvis Pdf

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.

Gender Violence

Astrid Aafjes
Gender Violence Book PDF

Author : Astrid Aafjes
Publisher : Kumarian Press
Page : 0 pages
File Size : 41,5 Mb
Release : 1998
Category : Human rights
ISBN : 1890832081

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Gender Violence by Astrid Aafjes Pdf

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.

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 : 48,7 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.

Preventing Sexual Violence as a Weapon of War / Verhinderung sexueller Gewalt als Kriegswaffe / Prévenir la violence sexuelle en tant qu'arme de guerre

Samantha J. Hope
Preventing Sexual Violence as a Weapon of War Verhinderung sexueller Gewalt als Kriegswaffe Pr venir la violence sexuelle en tant qu arme de guerre Book PDF

Author : Samantha J. Hope
Publisher : BRILL
Page : 162 pages
File Size : 51,8 Mb
Release : 2020-01-13
Category : Law
ISBN : 9789004396845

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Preventing Sexual Violence as a Weapon of War / Verhinderung sexueller Gewalt als Kriegswaffe / Prévenir la violence sexuelle en tant qu'arme de guerre by Samantha J. Hope Pdf

In 2012, the UK introduced the ‘Preventing Sexual Violence Initiative’. This work examines whether it is actually possible to prevent sexual violence being employed as a weapon of war against women, men and children. It assesses existing prevention strategies, uses Daesh as a case study – to illustrate the limitations of the current approaches – and considers additional measures. The author concludes that it is possible to prevent sexual violence in war, provided that all appropriate measures are harnessed and adapted to the specific circumstances of each conflict. It will, though, require improvements to existing strategies, the use of additional prevention measures, more resources and long-term engagement of all actors. This volume was awarded the 2017 first prize in EuroISME’s annual best thesis contest. Im Jahr 2012 führte das Vereinigte Königreich die “Initiative zur Verhütung von sexueller Gewalt” ein. Diese Arbeit untersucht, ob es tatsächlich möglich ist, sexueller Gewalt vorzubeugen, die gegen Frauen, Männer und Kinder angewandt wird. Sie bewertet schon vorhandene Vorbeugungsstrategien, verwendet Daesh als Fallstudie – um die Grenzen der derzeitigen Ansätze zu illustrieren - und zieht zusätzliche Maßnahmen in Betracht. Die Arbeit schlussfolgert, dass es möglich ist, sexuelle Gewalt im Krieg zu verhindern, vorausgesetzt, dass alle angemessenen Maßnahmen nutzbar gemacht und an die spezifischen Umstände jedes Konflikts angepasst werden. Dies wird jedoch Verbesserungen der bestehenden Strategien, den Einsatz zusätzlicher Präventionsmaßnahmen, mehr Ressourcen und langfristiges Engagement aller Akteure erfordern. Diese Arbeit wurde mit dem ersten Preis des Jahres 2017 im EuroISME-Wettbewerb für die beste Abschlussarbeit in Militärethik ausgezeichnet. En 2012, le Royaume-Uni présente l’Initiative de Prévention de la Violence Sexuelle (PSVI). Cet ouvrage étudie la possibilité d’empêcher que la violence sexuelle ne soit utilisée comme arme de guerre contre les femmes, les hommes et les enfants, évalue les approches préventives existantes, prend Daech comme sujet d’étude de cas pour montrer les limites que présentent les approches actuelles, et considère des mesures supplémentaires. Ce travail conclut qu’il est possible d’empêcher l’usage de violence sexuelle en situation de conflit, pourvu que toutes les mesures adéquates soient exploitées et adaptées aux spécificités de chaque conflit. Des améliorations aux stratégies existantes, l’utilisation de mesures de prévention supplémentaires, davantage de ressources et un engagement à long terme de tous les acteurs seront cependant nécessaires. Ce mémoire a reçu le premier prix de l’année 2017 du concours annuel d’EuroISME pour le meilleur mémoire universitaire en éthique militaire.

The Challenge of Conflict

Ustinia Dolgopol,Judith Gail Gardam
The Challenge of Conflict Book PDF

Author : Ustinia Dolgopol,Judith Gail Gardam
Publisher : Martinus Nijhoff Publishers
Page : 652 pages
File Size : 47,8 Mb
Release : 2006
Category : Law
ISBN : 9789004145993

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The Challenge of Conflict by Ustinia Dolgopol,Judith Gail Gardam Pdf

This collection is an integrated body of essays that provides a comprehensive range of viewpoints on how international legal and political mechanisms can address the catastrophic consequences of deadly conflict in today's world. The authors are drawn from a diverse range of disciplines encompassing law, peace studies, international relations and criminal justice and include judges, members of the military, academics, United Nations personnel and representatives of non-government organisations.