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Wartime Sexual Violence at the International Level: A Legal Perspective

Catherine Ward

ISBN13: 9789004360075

Published: July 2018

Publisher: Brill Nijhoff

Country of Publication: The Netherlands

Format: Hardback

Price: £135.00

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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.

Subjects:: Human Rights and Civil Liberties, International Criminal Law

Contents:: Acknowledgements; List of Abbreviations; Introduction; 1. Research Gap; 2. Methodology; 3. Volume Structure; 4. Aims of the Volume; 1. Wartime Sexual Violence at the International Level Since its Recognition; Until '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 Tokyo; 2.2 International Instruments to Address Sexual Violence; 3. UN Resolutions; 4. 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; 5. The International Criminal Court; 5.1 A Gender Conceptualization of the Crime; 5.2 Opportunistic and Sporadic Sexual Violence; 6. Conclusions; 2. Wartime Sexual Violence as a Crime Against Humanity, Genocide and a War Crime; 1. 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 Humanity; 2.2 As Genocide; 2.3 As a War Crime; 3. Elements of Crimes Established in International Criminal Courts; 3.1 Material and Mental Elements; 3.2 Common Elements of the Crime; 4. Conclusion; 3. Wartime Rape and Other Forms of Sexual Violence at the International Criminal Court and the Invisibility of Opportunistic Sexual Violence During Armed Conflict; 1. 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 Observers; 2.3 The Crime of Rape and Other Forms of Sexual Violence under the Rome Statute; 2.4 International Criminal Court Decisions; 3. 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; 4. Conclusion; 4. Sexual Violence as a Separate Crime in International Criminal Law; 1. Introduction; 2. What do Feminist Currents of Opinion Say?; 2.1 Gender; 2.2 Feminist Movements; 3. 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; 4. 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 Frameworks; 5.2 Definition of Sex and Gender; 5.3 International Criminal Law; 6. Conclusion; 5. Shaping a New Convention Against Rape and Other Forms of Sexual Violence; 1. Introduction; 2. Historical Background of Other Conventions; 2.1 The 1949 Fourth Geneva Conventions and Additional Protocols 1977; 2.2 Convention Relating to the Status of Refugees of 1951; 2.3 Convention for the Elimination of all Forms of Discrimination Against Women; 2.4 The 'Istanbul Convention'; 2.5 Policy Paper: Declaration of Commitment to End Sexual Violence in Conflict; 2.6 International Criminal Court Policy Paper; 3. 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. Conclusion; 6. Conclusion; Bibliography; Index