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Wartime Sexual Violence at the International Level: A Legal Perspective de Caterina E. Arrabal Ward

Wartime Sexual Violence at the International Level: A Legal Perspective: International Humanitarian Law Series, cartea 52

Autor Caterina E. Arrabal Ward
en Limba Engleză Hardback – 18 iul 2018
In Wartime Sexual Violence at the International Level: A Legal Perspective Dr. Caterina E. Arrabal Ward discusses the 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.

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Specificații

ISBN-13: 9789004360075
ISBN-10: 9004360077
Pagini: 262
Dimensiuni: 155 x 235 x 22 mm
Greutate: 0.58 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Humanitarian Law Series

Notă biografică

Caterina E. Arrabal Ward is a qualified Scottish solicitor(2018) with 6 years’ experience and proven track record in Scots Law, Spanish law, EU law and international law. Glasgow Caledonian University; received a full PhD scholarship (GCU Award), International Criminal Law; author of The Acceptance of Wartime Sexual Violence at the International Level (2016); earned an LLM. Masters Postgraduate Degree in International Law from the University of Glasgow (2011); and is registered as an Advocate in Spain (since 2008).

Cuprins

AcknowledgementsList of AbbreviationsIntroduction1 Research Gap 2 Methodology 3 Volume Structure 4 Aims of the Volume1 Wartime Sexual Violence at the International Level Since its RecognitionUntil ‘Its Work in Progress’1 Introduction 2 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 Tokyo2.2 International Instruments to Address Sexual Violence3 UN Resolutions 4 How the Ad Hoc Tribunals were Constituted and A Brief Introduction to their Work 4.1 Conflict in the Former Yugoslavia4.2 Conflict in Rwanda4.3 Conflict in Sierra Leone5 The International Criminal Court 5.1 A Gender Conceptualization of the Crime5.2 Opportunistic and Sporadic Sexual Violence6 Conclusions2 Wartime Sexual Violence as a Crime Against Humanity, Genocide and a War Crime1 Introduction 2 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 Humanity2.2 As Genocide2.3 As a War Crime3 Elements of Crimes Established in International Criminal Courts 3.1 Material and Mental Elements3.2 Common Elements of the Crime4 Conclusion3 Wartime Rape and Other Forms of Sexual Violence at the International Criminal Court and the Invisibility of Opportunistic Sexual Violence During Armed Conflict1 Introduction 2 The Road to Judicial Acceptance at the International Criminal Court 2.1 Consensus on ‘Gender Neutral Violence’2.2 Concerns Raised by Different Observers2.3 The Crime of Rape and Other Forms of Sexual Violence under the Rome Statute2.4 International Criminal Court Decisions3 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 Conflict3.2 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 Law4 Conclusion4 Sexual Violence as a Separate Crime in International Criminal Law1 Introduction 2 What do Feminist Currents of Opinion Say? 2.1 Gender2.2 Feminist Movements3 Wartime Sexual Violence Against Men 3.1 Wartime Sexual Violence Against Men3.2 Statistics and Reports3.3 Sexual Violence Against Men is a Reality4 Is it Possible to Prove that the Crime of Sexual Violence and Other Forms of Sexual Violence are Violations of Customary International Law? 5 Interactions between International Criminal Law, International Humanitarian Law and International Human Rights Law 5.1 International Legal Frameworks5.2 Definition of Sex and Gender5.3 International Criminal Law6 Conclusion5 Shaping a New Convention Against Rape and Other Forms of Sexual Violence1 Introduction 2 Historical Background of Other Conventions 2.1 The 1949 Fourth Geneva Conventions and Additional Protocols 19772.2 Convention Relating to the Status of Refugees of 19512.3 Convention for the Elimination of all Forms of Discrimination Against Women2.4 The ‘Istanbul Convention’2.5 Policy Paper: Declaration of Commitment to End Sexual Violence in Conflict2.6 International Criminal Court Policy Paper3 Female, Male and Indeterminate Sexual Identities or Third Gender Individuals 4 Gender Neutrality 5 Opportunistic, Recreational and Sporadic Instances of Wartime Sexual Violence under International Law 6 Towards a Convention Against Rape and Other Forms of Sexual Violence 7 Proposal for a Convention Against Rape and Other Forms of Sexual Violence (CARSV) 8 Conclusion6 ConclusionBibliographyIndex