Sex and Gender Crimes in the New International Law PDF Download
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Author: Alona Hagay-Frey
Publisher: BRILL
ISBN: 900421593X
Category : Law
Languages : en
Pages : 198
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Book Description
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.
Author: Alona Hagay-Frey
Publisher: BRILL
ISBN: 900421593X
Category : Law
Languages : en
Pages : 198
Get Book Here
Book Description
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.
Author: Alona Hagay-Frey
Publisher: Martinus Nijhoff Publishers
ISBN: 9004189122
Category : Law
Languages : en
Pages : 199
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Book Description
Adapted from the author's thesis (LLM)---Universitat Tel-Aviv, 2009.
Author: Chile Eboe-Osuji
Publisher: Martinus Nijhoff Publishers
ISBN: 9004227229
Category : Political Science
Languages : en
Pages : 372
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Book Description
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.
Author: Sharon Weill
Publisher:
ISBN: 0198858620
Category : Law
Languages : en
Pages : 465
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Book Description
This book details and contextualizes the trial of Hissène Habré, who was prosecuted by a court in Senegal for his role in atrocities committed against Chadian citizens during the 1980s. It employs an innovative combination of first-person accounts from direct actors and academic analysis from leading experts on international criminal justice.
Author: Klaus Hoffmann-Holland
Publisher: Mohr Siebeck
ISBN: 9783161499920
Category : Law
Languages : en
Pages : 372
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Book Description
In a globalized world, an interdisciplinary dialogue on ethics and human rights is possible, necessary and fruitful for jurisprudence. Human rights can be understood as formalized ethics, and ethics can thus serve as a foundation for human rights. They are the framework for a communication of rights, and this communication is the context in which wrongs can be transformed into rights. Ethics do however also shape existing (recognized) human rights. Human rights are ethics in action. The enforcement of human rights, especially in international criminal law, as well as the implementation structures bring the ideas and principles of rights to life in a globalized world. Thus it is advisable to take an interdisciplinary approach to participation rights, social rights and human rights in general, in private and in public life.This work contains articles that were presented at an international and interdisciplinary conference on Ethics and Human Rights in a Globalized World in Jerusalem in the fall of 2008. Young researchers from Israel and Germany, who work in the fields of law, philosophy, political science and theology, deal with the foundation of human rights, the conflict between varying human rights and effective implementation structures. The part played by the World Bank in implementing human rights is highlighted, as is the significance of local cultural backgrounds. Other articles deal with the correlation of international criminal law and human rights. The book also contains an article by Aharon Barak, former Chief Justice of the Israel Supreme Court.
Author: Kelly Dawn Askin
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041104861
Category : Law
Languages : en
Pages : 478
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Book Description
Of the ICTY.
Author: Caterina E. Arrabal Ward
Publisher: BRILL
ISBN: 9004360085
Category : Law
Languages : en
Pages : 272
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Book Description
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.
Author: Chiseche Salome Mibenge
Publisher: University of Pennsylvania Press
ISBN: 0812208420
Category : Political Science
Languages : en
Pages : 246
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Book Description
Before the twenty-first century, there was little legal precedent for the prosecution of sexual violence as a war crime. Now, international tribunals have the potential to help make sense of political violence against both men and women; they have the power to uphold victims' claims and to convict the leaders and choreographers of systematic atrocity. However, by privileging certain accounts of violence over others, tribunals more often confirm outmoded gender norms, consigning women to permanent rape victim status. In Sex and International Tribunals, Chiseche Salome Mibenge identifies the cultural assumptions behind the legal profession's claims to impartiality and universality. Focusing on the postwar tribunals in Rwanda and Sierra Leone, Mibenge mines the transcripts of local and supranational criminal trials and truth and reconciliation commissions in order to identify and closely examine legal definitions of forced marriage, sexual enslavement, and the conscription of children that overlook the gendered experiences of armed conflict beyond the mass rape of women and girls. In many cases, a single rape conviction constitutes sufficient proof that gender-based violence has been mainstreamed into the prosecution of war crimes. Drawing on anthropological research in African conflicts, and feminist theory, Mibenge challenges legal narratives that reinscribe essentialized notions of gender in the conduct and resolution of violent conflict and uncovers the suppressed testimonies of men and women who are unwilling or unable to recite the legal scripts that would elevate them to the status of victimhood recognized by an international and humanitarian audience. At a moment when international intervention in conflicts is increasingly an option, Sex and International Tribunals points the way to a more nuanced and just response from courts.
Author: Eithne Dowds
Publisher: Bloomsbury Publishing
ISBN: 1509921907
Category : Law
Languages : en
Pages : 247
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Book Description
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.
Author: Rosemary Grey
Publisher: Cambridge University Press
ISBN: 1108470432
Category : Law
Languages : en
Pages : 395
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Book Description
Detailed study of the ICC's practice in prosecuting gender-based crimes, current up to the ICC Statute's twentieth anniversary in 2018.
