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Crimes against Humanity

Defining Sexual Violence as a Crime Against Humanity in Colombia: Recommendations for Law 1719 of 2014

Citation:

Fetterhoff, Christina M. 2014. “Defining Sexual Violence as a Crime Against Humanity in Colombia: Recommendations for Law 1719 of 2014.” Eyes on the ICC 10 (1): 123–46.

Author: Christina M. Fetterhoff

Abstract:

This article examines whether changes to Colombia's Criminal Codes, enacted through new legislation to assure access to justice for victims of sexual violence in the context of armed conflict, provide adequate definitions to bring Colombia in line with international legal standards. If Colombia is successful, it will be able to exercise concurrent jurisdiction with the International Criminal Court over these crimes. However, the current definitions of conflict-related crimes of sexual violence fall short of providing Colombia with this option.

Keywords: International Criminal Law, the International Criminal Court, Colombia, complementarity, sexual violence, Crimes against Humanity, war crimes, gender

Topics: Armed Conflict, Gender, International Criminal Law, Crimes against Humanity, International Tribunals & Special Courts, War Crimes, Sexual Violence Regions: Americas, South America Countries: Colombia

Year: 2014

The Cultural Politics of Female Sexuality in South Africa

Citation:

Gunkel, Henriette. 2010. The Cultural Politics of Female Sexuality in South Africa. New York & Oxon: Routledge.

Author: Henriette Gunkel

Abstract:

Sexual identity has emerged into the national discourse of post-apartheid South Africa, bringing the subject of rights and the question of gender relations and cultural authenticity into the focus of the nation state's politics. This book is a fascinating reflection on the effects of these discourses on non-normative modes of sexuality and intimacy and on the country more generally. While in 1996, South Africa became the first country in the world that explicitly incorporated lesbian and gay rights within a Bill of Rights, much of the country has continued to see homosexuality as un-African. Henriette Gunkel examines how colonialism and apartheid have historically shaped constructions of gender and sexuality and how these concepts have not only been re-introduced and shaped by understandings of homosexuality as un-African but also by the post-apartheid constitution and continued discourse within the nation.

Topics: Gender, Women, Femininity/ies, Gendered Power Relations, Justice, Crimes against Humanity, LGBTQ, Post-Conflict Regions: Africa, Southern Africa Countries: South Africa

Year: 2010

Forced Pregnancy: Codification in the Rome Statute and its Prospect as Implicit Genocide

Citation:

Jessie, Soh Sie Eng. 2006. “Forced Pregnancy: Codification in the Rome Statute and Its Prospect as Implicit Genocide.” New Zealand Journal of Public and International Law 4 (2): 311.

Author: Soh Sie Eng Jessie

Abstract:

The Bosnia–Herzegovina political conflict between 1992 and 1995 shone international light on the use of forced pregnancy campaigns as tools in ethnic conflicts. The Rome Statute of the International Criminal Court is the first international treaty to explicitly define the crime of forced pregnancy, but its enactment was controversial. This article discusses the intensive opposition to its inclusion in the Rome Statute, from religious, cultural and political perspectives. It also suggests that domestic antiabortion laws and control over women's reproductive rights raise different issues from a forced pregnancy provision, and that there was a need for the express codification of forced pregnancy as a separate offence, given that it is neither novel nor rare. The Rome Statute lists forced pregnancy as a separate offence, but it is not expressly criminalised as genocide. However, this article argues that forced pregnancy is implicit genocide. It involves attacking women in the targeted group for the purpose of their impregnation through rape, and their detention to facilitate the birth of resulting babies. Forced pregnancy campaigns infiltrate the targeted community through gene pool pollution and manipulation of cultural beliefs.

Topics: Armed Conflict, Ethnic/Communal Wars, Gender, Women, Gender-Based Violence, Gendered Power Relations, Patriarchy, Genocide, Health, Reproductive Health, International Law, Justice, Crimes against Humanity, Sexual Violence Regions: Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina

Year: 2006

The Impact of Political Conflict on Women: The Case of Afghanistan

Citation:

Sima Wali, Elizabeth Gould, and Paul Fitzgerald. 1999. “The Impact of Political Conflict on Women: The Case of Afghanistan.” American Public Health Association, 1474–76.

 

Authors: Sima Wali, Elizabeth Gould, Paul Fitzgerald

Abstract:

“The article examines the link between the crises in women's health and human rights in Afghanistan and the political circumstances that caused them. The wall of silence that separated the political events of Communist era from their human consequences perpetuates humanitarian crises and frustrates relief workers and activists in their efforts to end crimes against humanity. As a result of the division between humanitarian crises and the political discourse that would alter them, conflicts remain unresolved, leaving the victims exposed to multiple abuses.”

 

(EBSCO host)

Topics: Armed Conflict, Ethnic/Communal Wars, Gender, Women, Gender Balance, Gendered Power Relations, Gender Equality/Inequality, Justice, Crimes against Humanity, Military Forces & Armed Groups, Militarism, Post-Conflict, Post-Conflict Reconstruction, Rights, Human Rights, Women's Rights, Security, Human Security Regions: Asia, South Asia Countries: Afghanistan

Year: 1999

Addressing Sexual Violence in Internationally Mediated Peace Negotiations

Citation:

Jenkins, Robert, and Anne Marie Goetz. 2010. "Addressing Sexual Violence in Internationally Mediated Peace Negotiations." International Peacekeeping 17 (2): 261–77.

Authors: Robert Jenkins , Anne Marie Goetz

Abstract:

Negotiated peace agreements rarely address the legacy of wartime sexual violence committed by state and non-state armed actors, even in cases where mass rape has been a prominent feature of the conflict. This article examines why this has been the case. It assesses the implications of UN Security Council resolution 1820 (June 2008), which calls for internationally mediated peace talks to address conflict-related sexual violence; advances reasons why doing so may contribute to more durable peace; and outlines where specific textual references to sexual violence in peace agreements could enhance the well-being of survivors and reduce the chances of brutal and widespread sexual violence persisting in the post-conflict period. The article focuses on five types (or elements) of peace agreement: (1) early-stage agreements covering humanitarian access and confidence-building measures; (2) ceasefires and ceasefire monitoring; (3) arrangements for demobilization, disarmament and reintegration (DDR) and longer-term security sector reform (SSR); (4) post-conflict justice institutions; and (5) provisions relating to reparations for victims of serious human rights abuses.
 

 

Topics: DDR, Economies, Gender, Women, Girls, Gender Roles, Gender-Based Violence, International Human Rights, Justice, Crimes against Humanity, International Tribunals & Special Courts, Reparations, Transitional Justice, War Crimes, Peacekeeping, Post-Conflict, UN Security Council Resolutions on WPS, UNSCR 1325, UNSCR 1820, Security Sector Reform, Sexual Violence, Sexual Exploitation and Abuse

Year: 2010

The Legacy of Gender-Based Violence and HIV/AIDS in the Post-Genocide Era: Stories From Women in Rwanda

Citation:

Russell, Susan Garnett, Sanaya Lim, Paul Kim, and Sophie Morse. 2015. “The Legacy of Gender-Based Violence and HIV/AIDS in the Post-Genocide Era: Stories From Women in Rwanda.” Health Care for Women International, August, 1–43.

Author: Susan Garnett Russell, Sanaya Lim, Paul Kim, Sophie Morse

Abstract:

Drawing on qualitative interviews with 22 Rwandan women, we describe the lived experiences of women survivors of Gender-Based Violence (GBV) more than a decade and a half after the 1994 Genocide. We argue that the intersection between GBV and HIV/AIDS has long-term implications: the majority of women interviewed continue to endure trauma, stigma, social isolation, and economic hardship in the post-genocide era and are in need of expanded economic and mental health support. Our findings have implications for the importance of providing integrated psychosocial support to survivors of GBV post-conflict contexts. 

Topics: Armed Conflict, Gender, Women, Girls, Gender-Based Violence, Governance, Post-conflict Governance, Health, HIV/AIDS, Mental Health, PTSD, Reproductive Health, Trauma, Justice, Crimes against Humanity, International Tribunals & Special Courts, Reparations, War Crimes, Rights, Sexual Violence, Rape Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2015

Gender Hate Propaganda and Sexual Violence in the Rwandan Genocide: An Argument for Intersectionality in International Law

Citation:

Coleman, Llezlie Green. 2002. “Gender Hate Propaganda and Sexual Violence in the Rwandan Genocide: An Argument for Intersectionality in International Law.” Columbia Human Rights Law Review 33 (3): 733-76.

Author: Llezlie Green Coleman

Abstract:

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.

Keywords: human rights, genocide, critical theory

Topics: Armed Conflict, Civil Wars, Ethnic/Communal Wars, Ethnicity, Gender, Women, Gender-Based Violence, Genocide, International Law, International Criminal Law, International Human Rights, Justice, Crimes against Humanity, International Tribunals & Special Courts, TRCs, Non-state armed groups, Race, Rights, Women's Rights, Sexual Violence, Male Perpetrators, Rape, SV against women, Violence Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2002

What Is Forced Marriage - Towards a Definition of Forced Marriage as a Crime Against Humanity

Citation:

Toy-Cronin, Bridgette A. 2010. “What Is Forced Marriage - Towards a Definition of Forced Marriage as a Crime Against Humanity.” Columbia Journal of Gender and Law 19 (2): 1.

Author: Bridgette A. Toy-Cronin

Abstract:

The Special Court for Sierra Leone’s Trial and Appeals Chambers handed down judgments considering, for the first time, forced marriage as a crime against humanity. This Article critiques those decisions against the Appeals Chamber’s stated aim of “enriching the jurisprudence of international criminal law.” This Article argues that there is a need to recognize a crime of forced marriage, but in order to enrich current jurisprudence, it should be limited to only the conferral of the status of marriage and the ongoing effects of that status on the victim. Other crimes that occur within the marriages should not be collapsed into the prosecution of forced marriage; they are separate offenses that need separate recognition. Two contrasting examples of forced marriage are compared: so-called “forced marriages” in a number of African conflicts involving the abduction of women and girls by rebels and forced marriage between 1975 and 1979 in Khmer Rouge-ruled Cambodia. The African examples are drawn from published research, while a portrait of forced marriage in Cambodia is sketched through stories gathered in field research conducted in Cambodia in 2006, along with some published material. This Article argues that there is a lacuna in the law that requires the recognition of forced marriage as a crime. The Extraordinary Chambers in the Courts of Cambodia (the “ECCC”), established to try Khmer Rouge crimes, has the opportunity to address this crime and to create a record of the fact that forced marriages were traumatic events that deeply affected thousands of Cambodian lives.

Topics: Armed Conflict, Gender, Women, Girls, Justice, Crimes against Humanity, International Tribunals & Special Courts, Sexual Violence Regions: Africa, West Africa, Asia, Southeast Asia Countries: Cambodia, Sierra Leone

Year: 2010

The Application of Human Rights Treaties in the Development of Domestic and International Law: A Personal Perspective

Citation:

Doherty, Teresa A. 2009. “The Application of Human Rights Treaties in the Development of Domestic and International Law: A Personal Perspective.” Leiden Journal of International Law 22 (4): 753–59.

Author: Teresa A. Doherty

Abstract:

This article considers the application of international human rights treaties or conventions to domestic law in common law countries and the historical differences in approach between some jurisdictions. It promotes the view that the judiciary of a country which has signed an international human rights treaty or convention may refer to such a treaty when interpreting domestic law, notwithstanding the fact that the treaty or convention has not been incorporated into domestic legislation. The article also suggests that international human rights treaties and conventions have a role in developing international criminal law and international humanitarian law. It cites the example of the decision that forced marriage is an inhumane act, a crime against humanity, by the Special Court of Sierra Leone, and gives the factual and jurisprudential background to that decision.

Topics: Gender, International Law, International Human Rights, Justice, Crimes against Humanity, International Tribunals & Special Courts, Rights, Human Rights Regions: Africa, West Africa Countries: Sierra Leone

Year: 2009

Preserving the Legacy of the Special Court for Sierra Leone: Challenges and Lessons Learned in Prosecuting Grave Crimes in Sierra Leone

Citation:

Kamara, Joseph F. 2009. “Preserving the Legacy of the Special Court for Sierra Leone: Challenges and Lessons Learned in Prosecuting Grave Crimes in Sierra Leone.” Leiden Journal of International Law 22 (4): 761–77.

Author: Joseph F. Kamara

Abstract:

Sierra Leone experienced particularly heinous and widespread crimes against humanity and war crimes during its eleven years of civil war from 1991 to 2002. During the war, the civilian population was targeted by all the fighting factions. Civilians were captured, abducted, and held as slaves used for forced labour. The Special Court for Sierra Leone was established by the government of Sierra Leone and the United Nations in 2002, through Security Council Resolution 1315. It is mandated to try those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in Sierra Leone since 30 November 1996. The aim of this paper is to sketch out the extent to which the jurisprudence of the Special Court can serve as a model for efficient and effective administration of criminal justice nationally through the preservation of its legacy.

Topics: Armed Conflict, Civil Wars, Gender, International Law, International Humanitarian Law IHL, International Organizations, Justice, Crimes against Humanity, International Tribunals & Special Courts, War Crimes, UN Security Council Resolutions on WPS Regions: Africa, West Africa Countries: Sierra Leone

Year: 2009

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