International Tribunals & Special Courts

Prosecuting Rape in International Criminal Tribunals: The Need to Balance Victim’s Rights with the Due Process Rights of the Accused

Citation:

Beltz, Amanda. 2008. “Prosecuting Rape in International Criminal Tribunals: The Need to Balance Victim’s Rights with the Due Process Rights of the Accused.” Journal of Civil Rights and Economic Development 23 (1): 167–209.

Author: Amanda Beltz

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

Year: 2008

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

Commentary: The International War Crimes Trial of Anto Furundžija: Major Progress Toward Ending the Cycle of Impunity for Rape Crimes

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

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

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

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