International Criminal Law

Citation:

Ashkin, Kelly D. 1999. “Commentary: The International War Crimes Trial of Anto Furundžija: Major Progress Toward Ending the Cycle of Impunity for Rape Crimes.” Leiden Journal of International Law 12 (4): 935–55. doi:10.1017/S0922156599000485.

Author: Kelly D. Ashkin

Abstract:

This article reviews and analyzes the Furundžija Judgment rendered by the International Criminal Tribunal for the former Yugoslavia, the first international war crimes trial in history to focus virtually exclusively on rape. The judgment addresses what acts constitute rape, whether a non-physical perpetrator can be held individually criminally responsible for rape, and whether rape can constitute torture; it also broadens the purview of Common Article 3 crimes and considers acts which may constitute outrages upon personal dignity. This article discusses how these issues impact upon both international humanitarian law generally and gender jurisprudence specifically.

Topics: Gender, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, War Crimes, Sexual Violence, Rape Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 1999

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

Citation:

Anderson, Letitia. 2010. “Politics by Other Means: When Does Sexual Violence Threaten International Peace and Security?” International Peacekeeping 17 (2): 244–60.

Author: Letitia Anderson

Abstract:

In certain circumstances, rape, like war itself, may be politics by other means. After the adoption of UN Security Council resolution 1820, the question is no longer whether sexual violence is a threat to international peace and security, but when. To move from normative recognition to real-world impact, better understanding is needed of when sexual violence should trigger action by the Security Council in relation to situations on its agenda, or be taken into account as a factor that prompts Security Council engagement. A six-pillar test is proposed to guide such determinations, namely: when it constitutes a crime of international concern; when it attracts command responsibility; when civilians are targeted; when it proliferates owing to a climate of impunity; when there are cross-border implications; and/or when it is a ceasefire violation. Sexual violence that falls into any one or any combination of these categories concerns the Security Council, peacemakers and peacekeepers.

Topics: Gender, Gender-Based Violence, International Law, International Criminal Law, Peace Processes, UN Security Council Resolutions on WPS, UNSCR 1820, Sexual Violence, Rape

Year: 2010

Citation:

Argibay, Carmen M. 2003. “Sexual Slavery and the ‘Comfort Women’ of World War II.” Berkeley Journal of International Law 21 (2): 375–89.

Author: Carmen M. Argibay

Topics: Armed Conflict, Gender, Women, Gender-Based Violence, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Military Forces & Armed Groups, Militaries, Rights, Human Rights, Sexual Violence, Sexual Slavery, Sexuality Regions: Asia, East Asia Countries: Japan, North Korea, South Korea

Year: 2003

Citation:

Goldstoff, Melissa Goldenberg. 2010. “Note: Security Council Resolution 1820: An Imperfect but Necessary Resolution to Protect Civilians from Rape in War Zones.” Cardozo Journal of Law and Gender 16 (3): 491–517.

Author: Melissa Goldenberg Goldstoff

Abstract:

On June 19, 2008, the United Nations Security Council took an important step to further the protection of women during war by unanimously passing Security Council Resolution 1820 ("Resolution 1820" or "the Resolution") which calls for "immediate and complete cessation by all parties to armed conflict of all acts of sexual violence against civilians," including children, and states that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide."This Note argues that despite the overwhelming importance of Resolution 1820 in protecting women raped during wartime conflict, the Resolution is ineffective and potentially detrimental to women's rights because it suffers from inconsistencies and incompleteness.

Topics: Armed Conflict, International Law, International Criminal Law, Justice, Crimes against Humanity, War Crimes, Rights, Women's Rights, UN Security Council Resolutions on WPS, UNSCR 1820, Sexual Violence, Rape

Year: 2010

Citation:

Wagner, Justin. 2005. “The Systematic Use of Rape as a Tool of War in Darfur: A Blueprint for International War Crimes Prosecutions.” Georgetown Journal of International Law 37 (1): 193–243.

Author: Justin Wagner

Topics: Armed Conflict, Ethnic/Communal Wars, Gender, Women, International Law, International Criminal Law, Justice, War Crimes, Military Forces & Armed Groups, Militaries, Militias, Sexual Violence, Rape, SV against Women Regions: Africa, East Africa Countries: Sudan

Year: 2005

Citation:

Philips, Ruth B. 2001. “Too Close to Home? International Criminal Law, War Crimes and Family Violence.” Thomas Jefferson Law Review 24: 229-38.

Author: Ruth B. Philips

Abstract:

This essay is based on my March 2002 presentation at the Women and Law Conference at Thomas Jefferson School of Law. It is part of a larger investigation into the ways competing constructions of gender, national identity and sexual violence in the context of post-Cold War resurgent nationalisms are located in dominant liberal legal thought, and inform the development of international criminal law.

Topics: Households, International Law, International Criminal Law, Justice, War Crimes

Year: 2001

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

Citation:

Quénivet, Noëlle. 2008. “Girl Soldiers and Participation in Hostilities.” African Journal of International and Comparative Law 16 (2): 219–35.

Author: Noëlle Quénivet

Abstract:

Recently, organisations working with former child soldiers have observed the growing number of girls involved in armed conflicts. While their fate as sexual slaves is well documented, their participation in hostilities is less acknowledged. Girls, like boys, spy, loot, and kill, but they also cook, clean, and run camps. International humanitarian law, human rights law and international criminal law ban the participation of children in armed conflicts. However, the interpretation of the expression ‘participation in hostilities’ leaves open the possibility that the activities carried out by girls do not fall within the purview of this prohibition, and that, hence, their recruiters are not breaching the aforementioned legal norms.

Topics: Armed Conflict, Combatants, Child Soldiers, Female Combatants, Gender, Girls, International Law, International Criminal Law, International Human Rights, International Humanitarian Law (IHL), Sexual Violence, Sexual Slavery

Year: 2008

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