Reproductive Violence and International Criminal Law

Reproductive Violence and International Criminal Law
Author: Tanja Altunjan
Publisher: Springer Nature
Total Pages: 306
Release: 2021-03-13
Genre: Law
ISBN: 9462654514

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.

Prosecuting Conflict-related Sexual Violence at the ICTY

Prosecuting Conflict-related Sexual Violence at the ICTY
Author: Serge Brammertz
Publisher: Oxford University Press
Total Pages: 545
Release: 2016
Genre: History
ISBN: 0198768567

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.

State Crime, Women and Gender

State Crime, Women and Gender
Author: Victoria E. Collins
Publisher: Routledge
Total Pages: 238
Release: 2015-10-05
Genre: Social Science
ISBN: 1317690222

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.

The Gender of Reparations

The Gender of Reparations
Author: Ruth Rubio-Marin
Publisher: Cambridge University Press
Total Pages: 433
Release: 2009-07-31
Genre: Law
ISBN: 0521517923

This text articulates approaches to gender in the design and implementation of reparations for victims of human rights violations.

Violence Against Women's Health in International Law

Violence Against Women's Health in International Law
Author: Juliette Pattinson
Publisher:
Total Pages: 312
Release: 2020-06-13
Genre:
ISBN: 9781526124975

Taking the Hippocratic paradigm as backbone of the analysis, the book conceptualises a new notion under international law, 'violence against women's health', which allows the reader to reflect on two interrelated dimensions of violence, the horizontal 'inter-personal' and the vertical 'State policies' ones, and on obligations States must abide by.

Wartime Sexual Violence at the International Level: A Legal Perspective

Wartime Sexual Violence at the International Level: A Legal Perspective
Author: Caterina E. Arrabal Ward
Publisher: BRILL
Total Pages: 272
Release: 2018-07-10
Genre: Law
ISBN: 9004360085

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.

Principles of International Criminal Law

Principles of International Criminal Law
Author: Gerhard Werle
Publisher: Oxford University Press
Total Pages: 711
Release: 2014
Genre: Law
ISBN: 0198703597

Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

The Oxford Handbook of International Criminal Law

The Oxford Handbook of International Criminal Law
Author: Darryl Robinson
Publisher: Oxford University Press
Total Pages: 896
Release: 2020-02-24
Genre: Law
ISBN: 0192558897

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

The International Criminal Court

The International Criminal Court
Author: Marlies Glasius
Publisher: Routledge
Total Pages: 177
Release: 2006-03-29
Genre: Law
ISBN: 1134315678

A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?