International Criminal Law

Gender-Based Crimes under the Draft Statute for the Permanent International Criminal Court

Citation:

Erb, Nicole Eva. 1998. “Gender-Based Crimes under the Draft Statute for the Permanent International Criminal Court.” Columbia Human Rights Law Review 29: 401–35.

Author: Nicole Eva Erb

Topics: Gender, Women, Gender-Based Violence, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Rights, Human Rights, Women's Rights

Year: 1998

International Prosecution of Rape in Warfare: Nondiscriminatory Recognition and Enforcement

Citation:

Levy, Arden B. 1993. "International Prosecution of Rape in Warfare: Nondiscriminatory Recognition and Enforcement." UCLA Women's Law Journal 2 (2): 255–97. 

Author: Arden B Levy

Topics: Gender, Women, International Law, International Criminal Law, Sexual Violence, Rape

Year: 1993

Rape as a Crime in International Humanitarian Law: Where to from Here?

Citation:

Dixon, Rosalind. 2002. “Rape as a Crime in International Humanitarian Law: Where to from Here?” European Journal of International Law 13 (3): 697–719.

Author: Rosalind Dixon

Abstract:

This article examines recent developments in the prosecution of crimes of sexual violence under international law. The author suggests that these developments are driven by the dual imperatives of a feminist ‘re‐order’ project — which seeks to reconstitute the international order free of sexual violence — and the imperative of recognition for victims of crimes of sexual violence. She argues, however, that by itself, a system of international criminal prosecution will be inadequate to meet the imperative of recognition for victims. She relies in this respect on research on the experiences of victims in national criminal justice systems, on the growing trend towards victims of crimes of sexual violence seeking redress in ‘transnational’ civil forums, and an analysis of the constraints of the international prosecution process. The article goes on to argue that the concept of international ‘justice’ for crimes of sexual violence needs to be expanded, beyond even those embodied in the ICTY or Rome Statutes, to include primary and not simply ancillary civil forums for the granting of ‘restitution.’  The author proposes a system of international victims' compensation, and makes preliminary suggestions for the features such a system should have. She further argues that, ultimately, this system will produce a parallel jurisprudence of ‘recognition’ which will eventually ‘act back’ on the discourses of international criminal prosecutions and the imperatives of an order/re‐order project.

Topics: Feminisms, Gender, International Law, International Criminal Law, International Humanitarian Law (IHL), Justice, International Tribunals & Special Courts, Reparations, War Crimes, Sexual Violence, Rape

Year: 2002

Gender and International Law: How the International Criminal Court Can Bring Justice to Victims of Sexual Violence

Citation:

Joseph, Joshua. 2009. “Gender and International Law: How the International Criminal Court Can Bring Justice to Victims of Sexual Violence.” Texas Journal of Women & the Law 18: 61–101.

Author: Joshua Joseph

Topics: Gender, International Law, International Criminal Law, Justice, Sexual Violence, SV against Women

Year: 2009

How Far is the "Door Ajar"? Whether Rape as Torture is Actionable under the Alien Tort Statute after SOSA

Citation:

Kahn, Zachary S. 2006. “How far is the 'Door Ajar'? Whether Rape as Torture is Actionable under the Alien Tort Statute after SOSA.” Yeshiva University Cardozo Journal of Law & Gender 12 (2): 685–708.

Author: Zachary S. Kahn

Topics: Gender, International Law, International Criminal Law, Sexual Violence, Rape, Torture Regions: Americas, North America Countries: United States of America

Year: 2006

Deterring and Preventing Rape and Sexual Slavery during Periods of Armed Conflict

Citation:

Reynolds, Sarnata. 1998. "Deterring and Preventing Rape and Sexual Slavery during Periods of Armed Conflict."  Law and Inequality 16: 601. 

Author: Sarnata Reynolds

Topics: Armed Conflict, International Law, International Criminal Law, International Humanitarian Law (IHL), Justice, Sexual Violence, Rape, Sexual Slavery

Year: 1998

Rape and Forced Pregnancy under the ICC Statute: Human Dignity, Autonomy, and Consent

Citation:

Boon, Kristen. 2001. “Rape and Forced Pregnancy under the ICC Statute: Human Dignity, Autonomy, and Consent.” Columbia Human Rights Law Review 32: 625-75.

Author: Kristen Boon

Abstract:

This article discusses the impact on international criminal law of the International Criminal Court Statute's provisions on rape and forced pregnancy. The author notes that prior to the Statute, rape and forced pregnancy were considered crimes that violated honour; post-Statute, these crimes are framed in light of the harm done to the victim's bodily integrity and infringement of their agency. The author argues that "this structure signals a new paradigm for the international criminalization of sexual crimes - one based on broader principles of human dignity, autonomy, and consent". The author analyzes the Statute provisions and examines the debates surrounding the inclusion and definitions of rape and forced pregnancy. She ends with a discussion on the new legal framework for sexual crimes. (University of Toronto Law School)

Topics: Gender, Women, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Sexual Violence, Male Perpetrators, Rape, SV against Women

Year: 2001

Ending Impunity for Gender Crimes under the International Criminal Court

Citation:

Bedont, Barbara, and Katherine Hall-Martinez. 1999. “Ending Impunity for Gender Crimes under the International Criminal Court.” Brown Journal of World Affairs 6 (1): 65–85.

Authors: Barbara Bedont, Katherine Hall-Martinez

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

Year: 1999

Gender Crimes Jurisprudence in the ICTR: Positive Developments

Citation:

Askin, Kelly Dawn. 2005. “Gender Crimes Jurisprudence in the ICTR: Positive Developments.” Journal of International Criminal Justice 3 (4): 1007–18.

Author: Kelly D. Askin

Abstract:

Considering the magnitude of rape and other sexual crimes perpetrated during the Rwandan genocide, gender crimes prosecutions at the International Criminal Tribunal for Rwanda (ICTR) have been inadequate so far. Nonetheless, the ICTR case law must be commended for the impulse given, with and after Akayesu, to the criminalization and punishment of gender-related violence. This paper points to the achievements of the ICTR case law in this respect.

Topics: Gender, Gender-Based Violence, Genocide, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Sexual Violence, Rape Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2005

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