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International Tribunals & Special Courts

Mass Rape During War: Prosecuting Bosnian Rapists Under International Law

Citation:

Aydelott, Danise. 1993. “Mass Rape During War: Prosecuting Bosnian Rapists Under International Law.” Emory International Law Review 7: 585-631.

Author: Danise Aydelott

Abstract:

The author reviews the history of mass rape during war and the international legal provisions that can be invoked to punish the perpetrators. Part I evaluates the historical acceptance of rape as a by-product of war. Part II discusses mass rape as a weapon of genocide in Bosnia. Part III evaluates existing methods of international law that can be used to punish the violators. Part IV describes the statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY) designed to prosecute Balkan criminals. Part V examines the reasons why the situation in Bosnia provides a particularly strong case for prosecuting rape as a war crime. Part VI concludes that existing substantive international law is sufficient to punish the perpetrators, and comments on the need to address procedural problems inherent in punishing rapists as war criminals, rather than pushing to have rape declared a "war crime."

Topics: Armed Conflict, Ethnic/Communal Wars, Gender, Women, Gender-Based Violence, Genocide, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Sexual Violence, Rape Regions: Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina, Yugoslavia (former)

Year: 1993

Gender Justice or Just Gender? The Role of Gender in Sexual Assault Decisions at the International Criminal Tribunal for the Former Yugoslavia

Citation:

King, Kimi Lynn, and Megan Greening. 2007. “Gender Justice or Just Gender? The Role of Gender in Sexual Assault Decisions at the International Criminal Tribunal for the Former Yugoslavia.” Social Science Quarterly 88 (5): 1049–71.

Authors: Kimi Lynn King, Megan Greening

Abstract:

Objective: This article examines gender justice at the International Criminal Tribunal for the Former Yugoslavia (ICTY) by analyzing sexual assault cases and the impact that gender composition has on sentencing outcomes.

Methods: We employ regression analysis to explain the impact of male and female jurists as decisionmakers and the subsequent outcomes rendered for victims.

Results: We find that gender is a determinate factor in sentencing outcomes, and that female judges have a distinctive role that varies depending on the gender of the victim in the case.

Conclusion: Contrary to criticisms that the ICTY has not provided justice for victims in sexual assault cases, we find support for the exact opposite. Sentencing disparities indicate that female jurists more severely sanction defendants who assault women, while all male panels of judges do the same for male victims.

Topics: Gender, Women, Justice, International Tribunals & Special Courts, Sexual Violence, SV against women Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 2007

International Crimes against Women - Sexual Violence and Peremptory Norms: The Legal Value of Rape

Citation:

Viseus, Patricia. 2002. “International Crimes Against Women - Sexual Violence and Peremptory Norms: The Legal Value of Rape.” Case Western Reserve Journal of International Law 34 (3): 287-303.

Author: Patricia Viseus

Abstract:

This lecture was delivered by the Legal Adviser for Gender Related Crimes and Trial Attorney, Office of the Prosecutor at the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) at the Case Western Reserve University School of Law on March 2, 2002. The lecture addresses whether sexual violence is a peremptory norm under international law. It inquires just how high up the legal hierarchy rape has traveled, and more specifically, what the legal value that international law attaches to the act of rape is now considered to be.

Topics: Gender, Women, Gender-Based Violence, International Law, Justice, International Tribunals & Special Courts, Sexual Violence, Rape Regions: Africa, Central Africa, East Africa, Europe, Balkans Countries: Rwanda, Yugoslavia (former)

Year: 2002

Consent to Genocide?: The ICTY’s Improper Use of the Consent Paradigm to Prosecute Genocidal Rape in Foca

Citation:

Kalosieh, Adrienne. 2002. “Consent to Genocide?: The ICTY’s Improper Use of the Consent Paradigm to Prosecute Genocidal Rape in Foca.” Women’s Rights Law Reporter 24: 121–36.

Author: Adrienne Kalosieh

Topics: Gender, Women, Genocide, Justice, International Tribunals & Special Courts, Sexual Violence, Rape Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 2002

Pardon, Punishment, and Amnesia: Three African Post-Conflict Methods

Citation:

Graybill, Lyn S. 2004. “Pardon, Punishment, and Amnesia: Three African Post-Conflict Methods.” Third World Quarterly 25 (6): 1117–30.

Author: Lyn S. Graybill

Abstract:

Three post‐conflict approaches have emerged on the African continent during the past decade. ‘Pardon,’ ‘punishment’ and ‘amnesia’ represent different routes followed by South Africa, Rwanda and Mozambique in the aftermath of conflict. What pragmatic considerations and cultural resources predisposed each to pursue the path it did? This paper looks at the reasons for the choice to hold a truth commission, to prosecute through trials or to forget the past. It assesses the models' effectiveness, and concludes with an observation that they are not as distinct from each other as they first appear. South Africa, Rwanda (after 2002) and Mozambique have all opted for approaches that emphasised the priority of reintegrating perpetrators back into the community. This goal may be served best by methods other than trials.

Topics: Armed Conflict, Combatants, DDR, Justice, International Tribunals & Special Courts, TRCs, Post-Conflict, Post-Conflict Reconstruction Regions: Africa, Central Africa, East Africa, Southern Africa Countries: Mozambique, Rwanda, South Africa

Year: 2004

Sexual Violence against Women in Armed Conflicts: Standard Responses and New Ideas

Citation:

Zinsstag, Estelle. 2006. “Sexual Violence against Women in Armed Conflicts: Standard Responses and New Ideas.” Social Policy and Society 5 (1): 137–48.

Author: Estelle Zinsstag

Abstract:

This article aims to assess ways in which different justice schemes may operate together for an improved legal and political response to victims of sexual crimes in the aftermath of armed conflicts. The article will briefly present the problem of sexual violence against women in armed conflict. It will then consider the evolution of criminal justice in regard to this crime, the results of recent attempts to implement truth and reconciliation processes, as well as briefly assess reparation schemes. Finally it will suggest a series of measures for coordinating the various schemes of justice in a way that guarantees women’s rights in the aftermath of a conflict.

Topics: Armed Conflict, Gender, Women, Justice, International Tribunals & Special Courts, Reparations, TRCs, Post-Conflict, Rights, Women's Rights, Sexual Violence, SV against women

Year: 2006

The Special Court for Sierra Leone’s Consideration of Gender-based Violence: Contributing to Transitional Justice?

Citation:

Oosterveld, Valerie. 2009. “The Special Court for Sierra Leone’s Consideration of Gender-based Violence: Contributing to Transitional Justice?” Human Rights Review 10 (1): 73–98. doi: 10.1007/s12142-008-0098-7.

Author: Valeria Oosterveld

Abstract:

Serious gender-based crimes were committed against women and girls during Sierra Leone’s decade-long armed conflict. This article examines how the Special Court for Sierra Leone has approached these crimes in its first four judgments. The June 20, 2007 trial judgment in the Armed Forces Revolutionary Council case assists international criminal law’s limited understanding of the crime against humanity of forced marriage, but also collapses evidence of that crime into the war crime of outrages upon personal dignity. The February 22, 2008 appeals judgment attempts to correct this misstep. In contrast, the August 2, 2007 trial judgment in the Civil Defence Forces case is virtually silent on crimes committed against women and girls, although the May 28, 2008 appeals judgment attempts to partially redress this silence. This article concludes that the four judgments, considered together, raise the specter that the Special Court could potentially fail to make a significant progressive contribution to gender-sensitive transitional justice.

Topics: Gender, Women, Girls, Gender-Based Violence, International Law, International Criminal Law, Justice, Crimes against Humanity, International Tribunals & Special Courts, Transitional Justice, Post-Conflict Regions: Africa, West Africa Countries: Sierra Leone

Year: 2009

Sexual Offenses in Armed Conflict & International Law

Citation:

Quénivet, Noëlle. 2005. Sexual Offenses in Armed Conflict & International Law. Ardsley, NY: Transnational Publishers.

Author: Noëlle Quénivet

Abstract:

In Sexual Offenses in Armed Conflict & International Law, Noelle Quenivet looks to compare feminist writing with the current state of international law, regarding sexual offenses during times of conflict. She presents results of extensive research into the field's burgeoning literature to present her arguments. She furthers her arguments by examining International Criminal Tribunals for the atrocities committed in the former Yugoslavia and Rwanda.

Topics: Armed Conflict, Gender-Based Violence, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Sexual Violence Regions: Africa, Central Africa, East Africa, Europe, Balkans Countries: Rwanda, Yugoslavia (former)

Year: 2005

From the Furies of the Nanking to the Eumenides of the International Criminal Court; The Evolution of Sexual Assaults as International Crimes

Citation:

Ryan, Samantha I. 1999. “From the Furies of the Nanking to the Eumenides of the International Criminal Court; The Evolution of Sexual Assaults as International Crimes.” Pace International Law Review 11 (2): 446–86.

Author: Samantha I. Ryan

Topics: Gender-Based Violence, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Sexual Violence

Year: 1999

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