International Law and Sexual Violence in Armed Conflicts

International Law and Sexual Violence in Armed Conflicts
Author: Chile Eboe-Osuji
Publisher: Martinus Nijhoff Publishers
Total Pages: 372
Release: 2012-08-27
Genre: Political Science
ISBN: 9004227229

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.

Sexual Offenses in Armed Conflict and International Law

Sexual Offenses in Armed Conflict and International Law
Author: Noëlle Quénivet
Publisher: BRILL
Total Pages: 228
Release: 2021-10-01
Genre: Law
ISBN: 900447854X

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.

Women, Armed Conflict and International Law

Women, Armed Conflict and International Law
Author: Judith G. Gardam
Publisher: BRILL
Total Pages: 306
Release: 2021-08-04
Genre: Law
ISBN: 9004482008

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.

Sexual Violence and Armed Conflict

Sexual Violence and Armed Conflict
Author: Janie L. Leatherman
Publisher: John Wiley & Sons
Total Pages: 178
Release: 2013-04-26
Genre: Political Science
ISBN: 0745658350

Every year, hundreds of thousands of women become victims of sexual violence in conflict zones around the world; in the Democratic Republic of Congo alone, approximately 1,100 rapes are reported each month. This book offers a comprehensive analysis of the causes, consequences and responses to sexual violence in contemporary armed conflict. It explores the function and effect of wartime sexual violence and examines the conditions that make women and girls most vulnerable to these acts both before, during and after conflict. To understand the motivations of the men (and occasionally women) who perpetrate this violence, the book analyzes the role played by systemic and situational factors such as patriarchy and militarized masculinity. Difficult questions of accountability are tackled; in particular, the case of child soldiers, who often suffer a double victimization when forced to commit sexual atrocities. The book concludes by looking at strategies of prevention and protection as well as new programs being set up on the ground to support the rehabilitation of survivors and their communities. Sexual violence in war has long been a taboo subject but, as this book shows, new and courageous steps are at last being taken Ð at both local and international level - to end what has been called the “greatest silence in history”.

War Crimes Against Women

War Crimes Against Women
Author: Kelly Dawn Askin
Publisher: Martinus Nijhoff Publishers
Total Pages: 478
Release: 1997
Genre: Law
ISBN: 9789041104861

Of the ICTY.

Women's Rights in Armed Conflict under International Law

Women's Rights in Armed Conflict under International Law
Author: Catherine O'Rourke
Publisher: Cambridge University Press
Total Pages: 419
Release: 2020-09-24
Genre: Law
ISBN: 1108628311

Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.

War Crimes and the Conduct of Hostilities

War Crimes and the Conduct of Hostilities
Author: Fausto Pocar
Publisher: Edward Elgar Publishing
Total Pages: 405
Release: 2013-09-30
Genre: Law
ISBN: 1781955921

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

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.

Sexual Violence in Armed Conflict

Sexual Violence in Armed Conflict
Author: Megan Bastick
Publisher: Dcaf
Total Pages: 214
Release: 2007
Genre: Crimes against humanity
ISBN: 9789292220594

"In it's first part, the Global Overview, the report profiles documented conflict-related sexual violence in 51 countries - in Africa, the Americas, Asia, Europe and the Middle East - that have experienced armed conflict over the past twenty years. The second part of the report, entitled Implications for the Security Sector, explores strategies for security and justice actors to prevent and respond to sexual violence in armed conflict and post-conflict situations"--P. 4 of cover.

Sexual Violence in Conflict Zones

Sexual Violence in Conflict Zones
Author: Elizabeth D. Heineman
Publisher: University of Pennsylvania Press
Total Pages: 349
Release: 2011-04-15
Genre: Political Science
ISBN: 0812204344

Since the 1990s, sexual violence in conflict zones has received much media attention. In large part as a result of grassroots feminist organizing in the 1970s and 1980s, mass rapes in the wars in the former Yugoslavia and during the Rwandan genocide received widespread coverage, and international organizations—from courts to NGOs to the UN—have engaged in systematic efforts to hold perpetrators accountable and to ameliorate the effects of wartime sexual violence. Yet many millennia of conflict preceded these developments, and we know little about the longer-term history of conflict-based sexual violence. Sexual Violence in Conflict Zones helps to fill in the historical gaps. It provides insight into subjects that are of deep concern to the human rights community, such as the aftermath of conflict-based sexual violence, legal strategies for prosecuting it, the economic functions of sexual violence, and the ways perceived religious or racial difference can create or aggravate settings of sexual danger. Essays in the volume span a broad geographic, chronological, and thematic scope, touching on the ancient world, medieval Europe, the American Revolutionary War, precolonial and colonial Africa, Muslim Central Asia, the two world wars, and the Bangladeshi War of Independence. By considering a wide variety of cases, the contributors analyze the factors making sexual violence in conflict zones more or less likely and the resulting trauma more or less devastating. Topics covered range from the experiences of victims and the motivations of perpetrators, to the relationship between wartime and peacetime sexual violence, to the historical background of the contemporary feminist-inflected human rights moment. In bringing together historical and contemporary perspectives, this wide-ranging collection provides historians and human rights activists with tools for understanding long-term consequences of sexual violence as war-ravaged societies struggle to achieve postconflict stability.