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Prosecution of Wartime Rape Before the ICTY

2007
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Release : 2007
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Book Synopsis Prosecution of Wartime Rape Before the ICTY by : Regina Derrer

Download or read book Prosecution of Wartime Rape Before the ICTY written by Regina Derrer. This book was released on 2007. Available in PDF, EPUB and Kindle. Book excerpt: In 1993 the International Criminal Tribunal for the Former Yugoslavia (ICTY) was established to prosecute the crimes committed during the Yugoslav conflict. Due to the widespread occurrence of rape and its disastrous consequences, it was of high importance that concern was shown by the international community to ensure that prosecutions for gender crimes would take place at the ICTY. This paper examines the possibilities to prosecute wartime rape under the ICTY Statute and highlights those procedural rules which are significant in case of trials dealing with victims and witnesses of wartime sexual violence. It aims at finding out about the achievements made by the Yugoslav Tribunal in prosecuting wartime rape under international criminal law. To comprehend which understanding of wartime rape underlies the creation of the ICTY Statute and its procedural rules, chapter 2 of this paper focuses on the development of the status of rape in international humanitarian law and international criminal law. Based on ICTY case law and the reasoning of experts, chapter 3 illustrates the opportunities to prosecute rape under the four categories of crimes enumerated under the ICTY Statute. Finally, chapter 4 identifies those procedural provisions which aid in safeguarding the rights of victims and witnesses of sexual violence crimes. Within this section, the importance of those procedural rules and their potential to reshape the perception of rape in public international law as well as domestic law will be furthermore highlighted.

War Crimes Against Women

1997 Law
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Release : 1997
Genre : Law
Kind : eBook
Book Rating : 861/5 ( reviews)

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Book Synopsis War Crimes Against Women by : Kelly Dawn Askin

Download or read book War Crimes Against Women written by Kelly Dawn Askin. This book was released on 1997. Available in PDF, EPUB and Kindle. Book excerpt: Of the ICTY.

Prosecuting Conflict-related Sexual Violence at the ICTY

2016 History
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Release : 2016
Genre : History
Kind : eBook
Book Rating : 567/5 ( reviews)

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Book Synopsis Prosecuting Conflict-related Sexual Violence at the ICTY by : Serge Brammertz

Download or read book Prosecuting Conflict-related Sexual Violence at the ICTY written by Serge Brammertz. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.

Gender, Shame and Sexual Violence

2016-04-22 Social Science
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Release : 2016-04-22
Genre : Social Science
Kind : eBook
Book Rating : 881/5 ( reviews)

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Book Synopsis Gender, Shame and Sexual Violence by : Sara Sharratt

Download or read book Gender, Shame and Sexual Violence written by Sara Sharratt. This book was released on 2016-04-22. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on extensive interview material gathered amongst victims, witnesses, judges and NGOs, this book investigates the prosecution of rape and sexual violence in war crimes tribunals, with special attention to The International Court for the Former Yugoslavia (ICTY) and World Court in Sarajevo. It examines the testimonies of victims and witnesses and their reasons for testifying, their attitudes towards perpetrators, the consequences of testifying, their recommendations for other witnesses and conceptions of justice. In addition, it explores the attitudes of judges, prosecutors, psychologists and those in charge of protecting and offering services. Adopting a feminist approach, ’Gender, Shame and Sexual Violence’ challenges the assumption that the deterrent effect of making rape trials more visible would reduce the occurrence of sexual violence in conflict situations, contending instead that the manner in which cases are handled both increases the victims’ sense of shame and serves to propagate a representation of women's bodies that may actually serve to increase the use of sexual violence during war. A compelling analysis of the prosecution of rape as a war crime, this volume offers extensive new empirical material that will be of interest to scholars of sociology, gender studies, criminology, politics, international relations and law.

Supranational Criminal Prosecution of Sexual Violence

2005 Crime against humanity
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Release : 2005
Genre : Crime against humanity
Kind : eBook
Book Rating : 339/5 ( reviews)

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Book Synopsis Supranational Criminal Prosecution of Sexual Violence by : Anne-Marie L. M. de Brouwer

Download or read book Supranational Criminal Prosecution of Sexual Violence written by Anne-Marie L. M. de Brouwer. This book was released on 2005. Available in PDF, EPUB and Kindle. Book excerpt: The 1996 report of the United Nations Special Rapporteur on Rwanda stated that during the 1994 genocide in Rwanda rape was the rule and its absence the exception. Indeed, rape and other forms of sexual violence as constituting genocide, crimes against humanity or war crimes, directed in particular against women, have taken place on a massive scale since time immemorial and are still rampant.

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