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Wartime Sexual Violence at the International Level: A Legal Perspective

Wartime Sexual Violence at the International Level: A Legal Perspective

Author: Catherine Ward
Publisher: Brill Nijhoff
ISBN: 9789004360075
Published In: July 2018
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

RMB 1,673.67

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Description
Contents

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In Wartime Sexual Violence at the International Level: A Legal Perspective Dr. Caterina Arrabal Ward discusses an understanding of wartime sexual violence by the international tribunals and argues that wartime sexual violence often takes place without the explicit purpose to destroy a community or population and is not necessarily a strategic choice. This research suggests that a more focused approach based on a much clearer definition of these crimes would help to remedy deficiencies at the different stages of international justice in relation to these crimes.

Acknowledgements

List of Abbreviations

Introduction

Research Gap

Methodology

Volume Structure

Aims of the Volume

Wartime Sexual Violence at the International Level Since its Recognition

Until 'Its Work in Progress'

Introduction

Background of the Volume

2.1 Sexual Violence during the Holocaust and Far East Occupations: An Analysis of the International Military Tribunals in Nuremberg and Tokyo

2.2 International Instruments to Address Sexual Violence

UN Resolutions

How the Ad Hoc Tribunals were Constituted and A Brief Introduction to their Work

4.1 Conflict in the Former Yugoslavia

4.2 Conflict in Rwanda

4.3 Conflict in Sierra Leone

The International Criminal Court

5.1 A Gender Conceptualization of the Crime

5.2 Opportunistic and Sporadic Sexual Violence

Conclusions

Wartime Sexual Violence as a Crime Against Humanity, Genocide and a War Crime

Introduction

Landmark Jurisprudence of Wartime Sexual Violence Prosecuted in the International Criminal Tribunal for the Former Yugoslavia, International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone

2.1 As Crime Against Humanity

2.2 As Genocide

2.3 As a War Crime

Elements of Crimes Established in International Criminal Courts

3.1 Material and Mental Elements

3.2 Common Elements of the Crime

Conclusion

Wartime Rape and Other Forms of Sexual Violence at the International Criminal Court and the Invisibility of Opportunistic Sexual Violence During Armed Conflict

Introduction

The Road to Judicial Acceptance at the International Criminal Court

2.1 Consensus on 'Gender Neutral Violence'

2.2 Concerns Raised by Different Observers

2.3 The Crime of Rape and Other Forms of Sexual Violence under the Rome Statute

2.4 International Criminal Court Decisions

Instances of Opportunistic or Occasional Sexual Violence: Could Sexual Violence as An Attack on Physical Integrity, Instead of on the Body Politic, be Approached at the International Level?

3.1 Variation and Frequency of Wartime Sexual Violence During Armed Conflict

3.2 Sporadic and Opportunistic Instances of Sexual Violence During Armed Conflict. Could these Instances Fall within the Different Categories of International Crimes?

3.3 New Conceptualisation under International Criminal Law

Conclusion

Sexual Violence as a Separate Crime in International Criminal Law

Introduction

What do Feminist Currents of Opinion Say?

2.1 Gender

2.2 Feminist Movements

Wartime Sexual Violence Against Men

3.1 Wartime Sexual Violence Against Men

3.2 Statistics and Reports

3.3 Sexual Violence Against Men is a Reality

Is it Possible to Prove that the Crime of Sexual Violence and Other Forms of Sexual Violence are Violations of Customary International Law?