Yugoslavia (former)

Symposium: The Yugoslav Crisis: New International Law Issues: Rape and Sexual Abuse of Women in International Law

Citation:

Chinkin, Christine. 1994. “Symposium: The Yugoslav Crisis: New International Law Issues: Rape and Sexual Abuse of Women in International Law.” European Journal of International Law 5: 326–41.

Author: Christine Chinkin

Topics: Gender, Women, International Law, Sexual Violence, Rape, Sexual Exploitation and Abuse, SV against Women Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 1994

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

The Trauma of Justice: Sexual Violence, Crimes Against Humanity and the International Criminal Tribunal for the Former Yugoslavia

Citation:

Campbell, Kirsten. 2004. “The Trauma of Justice: Sexual Violence, Crimes Against Humanity and the International Criminal Tribunal for the Former Yugoslavia.” Social & Legal Studies 13 (3): 329–50.

Author: Kirsten Campbell

Abstract:

This article explores the relationship between the concepts of trauma and justice in the jurisprudence of crimes against humanity of the International Criminal Tribunal for the former Yugoslavia, focusing upon cases of sexual violence. It argues that the Tribunal’s jurisprudence conceives this crime as a traumatic violation of both the subject of rights and of universal humanity. The Tribunal’s models of international justice as procedure, punishment, recognition and therapy understand justice as the legal suturing of this trauma. In these models, the notion of ‘justice’ functions as phantasy in the psychoanalytic sense of an imaginary scene that veils its impossibility. However, figuring international justice as the resolution of the trauma of crimes against humanity reiterates the traumatic wrong in humanitarian law. Humanitarian law therefore requires a new model of international justice - a model that does not reiterate the past but which can institute the future.

Topics: Health, Trauma, International Law, International Humanitarian Law (IHL), Justice, Crimes against Humanity, International Tribunals & Special Courts, Sexual Violence Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 2004

Gender Ironies of Nationalism: Sexing the Nation

Citation:

Mayer, Tamar, ed. 2000. Gender Ironies of Nationalism: Sexing the Nation. New York: Routlege.

Author: Tamar Mayer

Abstract:

This book provides a unique social science reading on the construction of nation, gender and sexuality and on the interactions among them. It includes international case studies from Indonesia, Ireland, former Yugoslavia, Liberia, Sri Lanka, Australia, the USA, Turkey, China, India and the Caribbean. The contributors offer both the masculine and feminine perspective, exposing how nations are comprised of sexed bodies, and exploring the gender ironies of nationalism and how sexuality plays a key role in nation building and in sustaining national identity.

The contributors conclude that control over access to the benefits of belonging to the nation is invariably gendered; nationalism becomes the language through which sexual control and repression is justified masculine prowess is expressed and exercised. Whilst it is men who claim the prerogatives of nation and nation building it is, for the most part, women who actually accept the obligation of nation and nation building. (Amazon)

Topics: Gender, Masculinity/ies, Femininity/ies, Nationalism, Sexuality Regions: Africa, MENA, West Africa, Caribbean countries, North America, Asia, East Asia, Middle East, South Asia, Southeast Asia, Europe, Balkans, Southern Europe, Western Europe, Oceania Countries: Australia, China, India, Indonesia, Ireland, Liberia, Sri Lanka, Turkey, United States of America, Yugoslavia (former)

Year: 2000

Radical Rules: The Effects of Evidential and Procedural Rules on the Regulation of Sexual Violence in War

Citation:

Ní Aoláin, Fionnuala. 1997. “Radical Rules: The Effects of Evidential and Procedural Rules on the Regulation of Sexual Violence in War.” Albany Law Review 60: 883–905.

Author: Fionnuala Ní Aoláin

Topics: Armed Conflict, International Law, Justice, International Tribunals & Special Courts, War Crimes, Sexual Violence Regions: Balkans Countries: Yugoslavia (former)

Year: 1997

Women and the Law of Armed Conflict: Why the Silence?

Citation:

Gardam, Judith. 1997. “Women and the Law of Armed Conflict: Why the Silence?” The International and Comparative Law Quarterly 46 (1): 55–80.

Author: Judith Gardam

Abstract:

The aim of this article is to extend the critique of human rights law by feminist scholars to humanitarian law—or the law of armed conflict, as it is more traditionally known. When reflecting generally on the role that international law plays in providing protection for women from the effects of violence the obvious starting point is the regime of human rights. So much of human suffering in today's world occurs, however, in the context of armed conflict where to a large extent human rights are in abeyance and individuals must rely on the protections offered by the law of armed conflict. The debate that has been taking place for some years in the context of human rights as to the extent to which that system takes account of women's lives needs to extend to the provisions of the law of armed conflict. Although commentators have convincingly demonstrated the limitations of the existing body of human rights law adequately to take account of the reality of women's experience of the world, the law of armed conflict is even more deficient. Moreover, despite the recent focus on rape in armed conflict as a result of the international outrage at the sexual abuse of women in the armed conflict in the former Yugoslavia, these shortcomings remain largely unaddressed. At first glance this seems somewhat surprising until the special difficulties that flow from certain characteristics of the law of armed conflict are appreciated.

Topics: Armed Conflict, Gender, Women, International Law, International Human Rights, International Humanitarian Law (IHL), Sexual Violence Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 1997

Rape as Genocide: Bangladesh, the Former Yugoslavia, and Rwanda

Citation:

Sharlach, Lisa. 2000. “Rape as Genocide: Bangladesh, the Former Yugoslavia, and Rwanda.” New Political Science 22 (1): 89-102.

Author: Lisa Sharlach

Abstract:

According to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, causing serious bodily or mental harm to members of an ethnic, national, or religious group and/or 'deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part' constitute genocide. Rape certainly may cause serious physical and/or mental injury to the survivor, and also may destroy the morale of her family and ethnic community. However, this Convention does not explicitly state that sexual violence is a crime of genocide. The Convention should be expanded to include mass rape, regardless of whether the victims are raped on the basis of racial/ethnic, national, or religious identity. 

Topics: Armed Conflict, Ethnic/Communal Wars, Ethnicity, Genocide, International Law, Sexual Violence, Rape Regions: Africa, Central Africa, East Africa, Asia, South Asia, Europe, Balkans Countries: Bangladesh, Rwanda, Yugoslavia (former)

Year: 2000

The Gender Gap in Yugoslavia: Elite versus Mass Levels

Citation:

Clark, Cal, and Janet Clark. 1987. “The Gender Gap in Yugoslavia: Elite versus Mass Levels.” Political Psychology 8 (3): 411–26.

Authors: Cal Clark, Janet Clark

Abstract:

Compared levels of political participation by 423 men and 85 women in  elite and nonelite occupations (M. G. Zaninovich, 1970) in Yugoslavia.  Among nonelites, substantial male–female differences existed for both participatory norms and actual behavior, reflecting the impact of a male-dominated traditional culture and paralleling the "old gender gap" in the US. Among elites, in contrast, gender differences in participatory norms and several types of political activities were either insignificant or muted, suggesting the effects of socialist ideology and socioeconomic modernization. However, despite this movement toward participatory equality in the elites, women elites still cannot attain equal entry into actually holding political office and controlling societal resources.

Topics: Gender, Women, Men, Gender Equity, Governance Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 1987

Gender Mainstreaming in International Institutions: Developments at the UN ad hoc Tribunals and the International Criminal Court

Citation:

Chappell, Louise. 2005. “Gender Mainstreaming in International Institutions: Developments at the UN ad hoc Tribunals and the International Criminal Court.” Paper presented at the Annual Meeting of the International Studies Association, Honolulu, March 5.

Author: Louise Chappell

Abstract:

In recent years women's activists have worked hard to add a gender dimension to the workings of emerging international institutions including the UN ad hoc tribunals on the former Yugoslavia and Rwanda and the International Criminal Court. Through their efforts they have made some significant advances in bringing to light the complex, diverse and unique aspects of women's lives previously ignored in international criminal and humanitarian law. Advances include: the recognition of sexual violence as a grave breach of international law relating to war crimes, crimes against humanity and genocide; the redefinition of the crime of rape and the acknowledgment of gender as a basis for persecution. Feminist pressure has also helped to encourage an acceptance of the representation of women and gender interests within the ICC. Although there is still much to be done, feminist activists have demonstrated that there is a place for 'women's interests' under international law and that by taking these interests into account can make a real difference to women's lives in times of conflict.

Topics: Armed Conflict, Feminisms, Gender, Women, Gender Mainstreaming, International Law, International Criminal Law, International Humanitarian Law (IHL), International Organizations, Justice, Crimes against Humanity, International Tribunals & Special Courts, War Crimes, Sexual Violence, Rape Regions: Africa, Central Africa, East Africa, Europe, Balkans Countries: Rwanda, Yugoslavia (former)

Year: 2005

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