Sexual And Gender Based Violence In International Law
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Sexual And Gender Based Violence In International Law
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Author : Bharat H. Desai
language : en
Publisher: Springer Nature
Release Date : 2022-06-18
Sexual And Gender Based Violence In International Law written by Bharat H. Desai and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-18 with Law categories.
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).
The Legal Protection Of Women From Violence
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Author : Rashida Manjoo
language : en
Publisher: Routledge
Release Date : 2018-03-22
The Legal Protection Of Women From Violence written by Rashida Manjoo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-22 with Political Science categories.
Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.
International Criminal Law And Sexual Violence Against Women
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Author : Daniela Nadj
language : en
Publisher: Routledge
Release Date : 2018-05-23
International Criminal Law And Sexual Violence Against Women written by Daniela Nadj and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-23 with Law categories.
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.
Prosecuting Sexual And Gender Based Crimes At The International Criminal Court
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Author : Rosemary Grey
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-11
Prosecuting Sexual And Gender Based Crimes At The International Criminal Court written by Rosemary Grey and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-11 with Law categories.
Detailed study of the ICC's practice in prosecuting gender-based crimes, current up to the ICC Statute's twentieth anniversary in 2018.
Wartime Sexual Violence At The International Level A Legal Perspective
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Author : Caterina E. Arrabal Ward
language : en
Publisher: BRILL
Release Date : 2018-07-19
Wartime Sexual Violence At The International Level A Legal Perspective written by Caterina E. Arrabal Ward and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-19 with Law categories.
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.
Gender Violence And The State In Asia
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Author : Amy Barrow
language : en
Publisher: Routledge
Release Date : 2016-07-01
Gender Violence And The State In Asia written by Amy Barrow and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-01 with Law categories.
While gender-based violence occurs in all societies irrespective of the level of development or cultural setting, whether in conflict or peacetime, the challenges for legal responses to gender-based violence are particularly acute in Asia. This book addresses the lack of academic discourse on gender-based violence in Asia beyond domestic violence, by demonstrating that gendered violence exists within many different contexts and is perpetuated by multiple actors. Bringing together scholars, legal practitioners and human rights advocates, the book examines the intersections between gender, violence and the state in Asian contexts. It considers the role of state institutions in perpetuating and preventing violence based on gender and identity, and thus contributes to growing scholarship around due diligence standards under international law. Analyzing both physical and structural gender-based violence, it scrutinizes how such violence exists within a landscape shaped by distinct cultural norms, laws and policies, and grapples with how to practically translate international human rights standards about state responsibility into these complex domestic environments. Contributors from diverse backgrounds draw on case studies and empirical research to ground this academic scholarship in lived experiences of individuals and their communities in Asia. By bridging the divide between policy, laws and practice to offer a unique insight into both theoretical and practical responses to how gender-based violence is understood within communities and state institutions in Asian countries, this book will appeal to students and scholars of Asian studies, Gender Studies and Law.
Domestic Violence And International Law
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Author : Bonita Meyersfeld
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-03-23
Domestic Violence And International Law written by Bonita Meyersfeld and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-23 with Law categories.
Domestic Violence and International Law argues that certain forms of domestic violence are a violation of international human rights law. The argument is based on the international law principle that, where a state fails to protect a vulnerable group of people from harm, whether perpetrated by the state or private actors, it has breached its obligations to protect against human rights violation. This book provides a comprehensive legal analysis for why a state should be accountable in international law for allowing women to suffer extreme forms of domestic violence and how this can help individual victims. It is irrelevant that the violence is perpetrated by individuals and not state actors such as soldiers or the police. The state's breach of its responsibility is in its failure to act effectively in domestic violence cases; and in its silent endorsement of the violence, it becomes complicit. The book seeks to reformulate academic and political debate on domestic violence and the responsibility of states under international law. It is based on empirical data combined with an honest assessment of whether or not domestic violence is recognised by the international community as a human rights violation. 'Domestic Violence in International Law [...] provides an original, provocative, and much needed legal framework for the coherent development of a norm against domestic violence in international human rights law...Dr. Meyersfeld has developed a thoroughgoing analysis that asks and answers the most difficult questions often neglected by academics, lawyers and activists who dismiss the possibility that systemic violence against women could violate international law...Most fundamentally, this book is memorable for the hope and optimism it expresses about the transformative possibilities of international law. For without compromising such intensely human values as privacy, autonomy and cultural identity, Dr. Meyersfeld moves her reader with an abiding conviction: that international law, fueled with the power of transnational actors, can propel public actors to protect abused and vulnerable people in their most private worlds.' From the Foreword by Harold Koh, The Legal Adviser, United States Department of State (2009-).
The Grip Of Sexual Violence In Conflict
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Author : Karen Engle
language : en
Publisher: Stanford University Press
Release Date : 2020-04-07
The Grip Of Sexual Violence In Conflict written by Karen Engle and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-07 with Law categories.
Contemporary feminist advocacy in human rights, international criminal law, and peace and security is gripped by the issue of sexual violence in conflict. But it hasn't always been this way. Analyzing feminist international legal and political work over the past three decades, Karen Engle argues that it was not inevitable that sexual violence in conflict would become such a prominent issue. Engle reveals that as feminists from around the world began to pay an enormous amount of attention to sexual violence in conflict, they often did so at the cost of attention to other issues, including the anti-militarism of the women's peace movement; critiques of economic maldistribution, imperialism, and cultural essentialism by feminists from the global South; and the sex-positive positions of many feminists involved in debates about sex work and pornography. The Grip of Sexual Violence in Conflict offers a detailed examination of how these feminist commitments were not merely deprioritized, but undermined, by efforts to address the issue of sexual violence in conflict. Engle's analysis reinvigorates vital debates about feminist goals and priorities, and spurs readers to question much of today's common sense about the causes, effects, and proper responses to sexual violence in conflict.
International Law And Sexual Violence In Armed Conflicts
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Author : Chile Eboe-Osuji
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-27
International Law And Sexual Violence In Armed Conflicts written by Chile Eboe-Osuji and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-27 with Political Science categories.
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.
Violence Against Women And The Law
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Author : David L Richards
language : en
Publisher: Routledge
Release Date : 2015-11-17
Violence Against Women And The Law written by David L Richards and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-17 with Political Science categories.
This book examines the strength of laws addressing four types of violence against women--rape, marital rape, domestic violence, and sexual harassment--in 196 countries from 2007 to 2010. It analyzes why these laws exist in some places and not others, and why they are stronger or weaker in places where they do exist. The authors have compiled original data that allow them to test various hypotheses related to whether international law drives the enactment of domestic legal protections. They also examine the ways in which these legal protections are related to economic, political, and social institutions, and how transnational society affects the presence and strength of these laws. The original data produced for this book make a major contribution to comparisons and analyses of gender violence and law worldwide.