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International Criminal Law

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

The Importance of Effective Investigation of Sexual Violence and Gender-Based Crimes at the International Criminal Court

Citation:

SáCouto, Susana, and Katherine Cleary. 2009. “The Importance of Effective Investigation of Sexual Violence and Gender-Based Crimes at the International Criminal Court.” American University Journal of Gender, Social Policy & the Law 17 (2): 339–59.

Authors: Susana SáCouto, Katherine Cleary

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

Year: 2009

Genuine Consent to Sexual Violence Under International Criminal Law

Citation:

Schomburg, Wolfgang, and Ines Peterson. 2007. “Genuine Consent to Sexual Violence Under International Criminal Law.” American Journal of International Law 101 (1): 121–40.

Authors: Ines Peterson, Wolfgang Schomburg

Topics: Gender-Based Violence, International Law, International Criminal Law, Sexual Violence, Rape

Year: 2007

Gender Strategy Is Not a Luxury for International Courts

Citation:

Sellers, Patricia Viseur. 2009. “Gender Strategy Is Not a Luxury for International Courts.” American University Journal of Gender, Social Policy & the Law 17 (2): 301–23.

Author: Patricia Viseur Sellers

Topics: Gender, Gender-Based Violence, International Law, International Criminal Law, Justice, Sexual Violence

Year: 2009

Never Again ... and Again: Law, Order, and the Gender of War Crimes in Bosnia and Beyond

Citation:

Chesterman, Simon. 1997. “Never Again ... and Again: Law, Order, and the Gender of War Crimes in Bosnia and Beyond.” Yale Journal of International Law 22: 299–343.

Author: Simon Chesterman

Topics: Armed Conflict, Ethnic/Communal Wars, Gender, International Law, International Criminal Law, Justice, War Crimes, Sexual Violence, Rape Regions: Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina

Year: 1997

The Definition of Gender in the Rome Statute of the International Criminal Court: A Step Forward or Back for International Criminal Justice

Citation:

Oosterveld, Valerie. 2005. “The Definition of Gender in the Rome Statute of the International Criminal Court: A Step Forward or Back for International Criminal Justice.” Harvard Human Rights Journal 18: 55-84.

Author: Valerie Oosterveld

Topics: Gender, Women, International Law, International Criminal Law, Justice

Year: 2005

Paper Protection Mechanisms: Child Soldiers and the International Protection of Children in Africa’s Conflict Zones

Citation:

Francis, David J. 2007. “Paper Protection Mechanisms : Child Soldiers and the International Protection of Children in Africa’s Conflict Zones.” Journal of Modern African Studies 45 (2): 207–31.

Author: David J. Francis

Abstract:

The arrest and prosecution in March 2006 of the former Liberian warlord-President Charles Taylor by the UN-backed Special Court for Sierra Leone, for war crimes including the recruitment and use of child soldiers, and the arrest and prosecution of the Congolese warlord, Thomas Lubanga Dyilo, by the International Criminal Court, accused of enlisting child soldiers in the DRC war, have raised expectations that finally international conventions and customary international laws protecting children in conflict zones will now have enforcement powers. But why has it taken so long to protect children in conflict situations despite the volume of international treaties and conventions? What do we know about the phenomenon of child soldiering, and why are children still routinely recruited and used in Africa's bloody wars? This article argues that against the background of unfolding events relating to prosecution for enlistment of child soldiers, the international community is beginning to wake up to the challenge of enforcing its numerous 'paper protection' instruments for the protection of children. However, a range of challenges still pose serious threats to the implementation and enforcement of the international conventions protecting children. Extensive research fieldwork in Liberia and Sierra Leone over three years reveals that the application of the restrictive and Western-centric definition and construction of a 'child' and 'childhood' raises inherent difficulties in the African context. In addition, most war-torn and post-conflict African societies are faced with the challenge of incorporating international customary laws into their domestic laws. The failure of the international community to enforce its standards on child soldiers also has to do with the politics of ratification of international treaties, in particular the fear by African governments of setting dangerous precedents, since they are also culpable of recruitment and use of child soldiers.

Topics: Armed Conflict, Combatants, Child Soldiers, Gender, International Law, International Criminal Law, International Organizations, Justice, International Tribunals & Special Courts, War Crimes, Post-Conflict Regions: Africa

Year: 2007

Sexual Slavery and the International Criminal Court: Advancing International Law

Citation:

Oosterveld, Valerie. 2003. “Sexual Slavery and the International Criminal Court: Advancing International Law.” Michigan Journal of International Law 25: 605-51.

Author: Valerie Oosterveld

Abstract:

Sexual slavery is an unfortunate fact of armed conflicts around the world. For example, during World War II, more than 200,000 girls and women were enslaved in so-called "comfort stations" associated with the Japanese Imperial Army located throughout Asia. In more recent armed conflicts, girls and women have been forced into sexual slavery in East and West Timor, Angola, Democratic Republic of Congo, Sierra Leone, Uganda, and other countries. Sexual slavery is also prevalent during peacetime, in the form of trafficking for sexual purposes. 700,000 human beings - mostly women and girls - are trafficked into sexual exploitation and forced labour every year. They are bought and sold, kidnapped, deceived and coerced into being trafficked within and across borders in all regions. While clearly a global problem, sexual slavery was not recognized under international law as a crime against humanity, nor as a war crime, until 1998, when it was explicitly included in the Rome Statute of the International Criminal Court (ICC). The finalization of the ICC's Elements of Crimes in 2000 resulted in another important step forward in international law, as the specific elements of the crime of sexual slavery were enumerated for the first time.

Topics: International Law, International Criminal Law, Sexual Violence, Sexual Slavery, Trafficking, Human Trafficking, Sex Trafficking

Year: 2003

Women, War, and Words: The Gender Component in the Permanent International Criminal Court’s Definition of Crimes Against Humanity

Citation:

Moshan, B. S. 1998. “Women, War, and Words: The Gender Component in the Permanent International Criminal Court’s Definition of Crimes Against Humanity.” Fordham International Law Journal 22: 154–84.

Author: B. S. Moshan

Abstract:

This Comment addresses the intersection of gender issues and human rights law as illustrated by the formation of the permanent ICC. Specifically, it argues that the inclusion of gender- motivated crimes in the ICC's definition of crimes against humanity was necessary to emphasize women's wartime experiences and injuries, but that such inclusion is not enough to ensure gender justice as the ICC begins to prosecute war crimes and crimes against humanity. Part I of this Comment discusses the concept of gender-based crimes and illustrates these crimes through recent examples of gender-based violence. It also reviews the history of the ICC, focusing on the events leading up to the Rome Conference and the adoption of the ICC statute. Part II discusses the treatment of gender in the ICC statute. Part III argues that the inclusion of gender-based crimes in the definition of crimes against humanity in the ICC statute is a victory for women's rights, but that the Rome Statute fails to address some of the most essential concerns of women's rights advocates. This Comment concludes that the Rome Statute is ultimately only a partial victory for gender justice.

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

Year: 1998

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