Sexual Offenses In International Criminal Law
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Sexual Offenses In International Criminal Law
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Author : Donja de Ruiter
language : en
Publisher:
Release Date : 2011
Sexual Offenses In International Criminal Law written by Donja de Ruiter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with International crimes categories.
In national criminal law, rape is a type of sexual assault usually involving sexual intercourse by one person against another person without the other person's consent. When it becomes part of a widespread and systematic practice, rape - as well as sexual slavery - is recognized as a crime against humanity and a war crime. Rape is also recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted ethnic group. The book examines the case law of international criminal Tribunals and provides for a digest of cases related to this crime.
Sexual Offenses In Armed Conflict And International Law
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Author : Noëlle Quénivet
language : en
Publisher: BRILL
Release Date : 2021-10-01
Sexual Offenses In Armed Conflict And International Law written by Noëlle Quénivet and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.
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 Criminal Justice Cooperation And Fighting Of Male Sexual Crimes
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Author : Dimitris Liakopoulos
language : en
Publisher: GRIN Verlag
Release Date : 2019-04-01
International Criminal Justice Cooperation And Fighting Of Male Sexual Crimes written by Dimitris Liakopoulos and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-01 with Law categories.
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.
Sex And Gender Crimes In The New International Law
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Author : Alona Hagay-Frey
language : en
Publisher: BRILL
Release Date : 2011-06-22
Sex And Gender Crimes In The New International Law written by Alona Hagay-Frey and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-22 with Law categories.
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.
Understanding And Proving International Sex Crimes
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2012-04-25
Understanding And Proving International Sex Crimes written by Morten Bergsmo and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-25 with Law categories.
"[This anthology] addresses the gap betwen international standard-setting prohibiting international sex crimes and actual accountability for individuals who are responsible for such crimes. The book provides detailed analysis of the legal requirements of international sex crimes and types of fact that can be used to meet these requirements. It includes a unique knowledge-base that digests international case law on such crimes. The anthology also contains several studies of institutional and evidentiary challenges in the prosecution of international sex crimes"--Series pref.
Thematic Prosecution Of International Sex Crimes
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2018-06-01
Thematic Prosecution Of International Sex Crimes written by Morten Bergsmo and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-01 with Law categories.
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.
Fair Labelling And The Dilemma Of Prosecuting Gender Based Crimes At The International Criminal Tribunals
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Author : Hilmi M. Zawati
language : en
Publisher: Oxford University Press
Release Date : 2015-11
Fair Labelling And The Dilemma Of Prosecuting Gender Based Crimes At The International Criminal Tribunals written by Hilmi M. Zawati and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11 with Law categories.
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
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Author : Valérie V. Suhr
language : en
Publisher: Springer Nature
Release Date : 2021-12-13
Rainbow Jurisdiction At The International Criminal Court written by Valérie V. Suhr and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-13 with Law categories.
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
Prosecuting Conflict Related Sexual Violence At The Icty
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Author : Serge Brammertz
language : en
Publisher: Oxford University Press
Release Date : 2016
Prosecuting Conflict Related Sexual Violence At The Icty written by Serge Brammertz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with History categories.
Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.