scholarly journals Conference Papers: 1. New Forms of Conflict and Violence Sexual Violence and International Law

2004 ◽  
Vol 23 (4) ◽  
pp. 58-73
Author(s):  
M. Rajandran
Keyword(s):  
Sexual Violence ◽  
International Law ◽  
Conference Papers

Of sex and war: carceral feminism and its anti-carceral critique

2020 ◽  
Vol 8 (2) ◽  
pp. 351-364
Author(s):  
Mattia Pinto
Keyword(s):  
Sexual Violence ◽  
International Law ◽  
Common Sense ◽  
Starting Point ◽  
Carceral Feminism

Abstract In the last three decades, wartime sexual violence has become one of the main concerns for feminists engaged with international law. This essay reviews Karen Engle’s monograph on the causes and implications of today’s common-sense narrative about sexual violence in conflict. It shows how Engle’s powerful critique of ‘carceral feminism’ may represent a starting point for a new discussion of sex and war in international law.

Women and Genocide in Africa

2020 ◽  
Author(s):  
Erin Jessee
Keyword(s):  
Gender Identity ◽  
Sexual Violence ◽  
International Law ◽  
Economic Status ◽  
Women’S Experiences ◽  
Resistance Movements ◽  
Socio Economic Status ◽  
Women's Experiences ◽  
The Social ◽  
Written Sources

Genocide, defined in international law as killings and related mass atrocities that are committed “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group,” has negatively impacted countless communities across Africa over the centuries. The resulting historical literature is strongest regarding those genocides that occurred in the 20th and 21st centuries due to a tendency to privilege written sources. Within this literature, African women’s experiences remain understudied compared to the experiences of men, despite widespread recognition that genocides often affect people differently according to their gender identity. However, in looking at the widely studied examples of colonial genocides in Belgian-occupied Congo (1885–1908) and German-occupied Namibia (1904–1908), and the subsequent genocides in Burundi (1972), Rwanda (1994), and Sudan (2003–2008), it becomes evident that perpetrators have targeted women in particular ways as part of their broader efforts to exterminate unwanted communities. While women are frequently killed alongside men during genocides, the literature on these case studies abounds with examples of sexual violence, particularly rape, that the perpetrators inflict upon women as part of their efforts to undermine the social vitality of their intended victims’ communities. Women’s experiences of genocide are often far more diverse than the literature’s singular focus on sexual violence suggests, however. The case of Rwanda demonstrates that women can also serve as combatants and perpetrators, while the case of Belgian-occupied Congo reveals that women can lead resistance movements in opposition to genocidal violence. Similarly, German-occupied Namibia and Rwanda demonstrate that women can serve important roles in rebuilding their communities and advocating for recognition and reparations in the post-genocide period. Scholars are beginning to pay greater attention to women’s diverse experiences of genocide, but there is a great deal of research to be undertaken, particularly regarding how different facets of women’s identities, such as class, ethnicity, and socio-economic status, among others, shape their experiences of genocide.

scholarly journals Does International Law Really Require the Criminalization of Marital Rape?

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 332-336 ◽  
Author(s):  
Barbara Stark
Keyword(s):  
New York ◽  
Human Rights ◽  
Sexual Violence ◽  
International Law ◽  
Legal Analysis ◽  
Marital Rape ◽  
Bodily Integrity ◽  
Court Of Appeals ◽  
Legal Position ◽  
Domestic Law

Nothing can be said in favor of intimate sexual violence, including marital rape, as Randall and Venkatesh, the authors of Intimate Sexual Violence, Human Rights Obligations and the State, make plain. As the New York Court of Appeals held in 1984: Rape is not simply a sexual act to which one party does not consent. Rather, it is a degrading, violent act which violates the bodily integrity of the victim and frequently causes severe, long-lasting physical and psychic harm. To ever imply consent to such an act is irrational and absurd. . . . A married woman has the same right to control her body as does an unmarried woman.There is something to be said, however, in favor of clearly setting out a legal position before condemning it, in favor of a conservative approach to the wholesale expansion of human rights, and in favor of enabling women, even women in states that do not criminalize marital rape, to set their own priorities. The authors draw on international law to make a passionate case against marital rape, and against domestic laws that fail to recognize it as a crime. Their argument would be more persuasive if their demand for what domestic law must criminalize were clearer, if their international legal analysis were more rigorous and more focused, and if they justified the top-down approach they recommend here, which seems particularly problematic in this context.

Between rhetoric and reality: exploring the impact of military humanitarian intervention upon sexual violence – post-conflict sex trafficking in Kosovo

2010 ◽  
Vol 92 (877) ◽  
pp. 235-258 ◽  
Author(s):  
Samantha T. Godec
Keyword(s):  
Sexual Violence ◽  
International Law ◽  
Sex Trafficking ◽  
Military Intervention ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
Feminist Perspective ◽  
Post Conflict ◽  
The Impact ◽  
Nato Intervention

AbstractAdopting a feminist perspective, this paper analyses the doctrine of humanitarian intervention and its impact on women in recipient states, particularly with regard to sexual violence. By analysing the phenomenon of post-conflict trafficking in Kosovo following the NATO intervention, the author presents a challenge to the ‘feminist hawks’ who have called for military intervention in situations of systematic sexual violence. It is the author's contention that such intervention would be counterproductive for women's rights and thus constitute a disproportionate response to sexual violence in terms of the international law governing the use of force.

Sexual Violence against Men and International Law – Criminalising the Unmentionable

2013 ◽  
Vol 13 (3) ◽  
pp. 665-695 ◽  
Author(s):  
Solange Mouthaan
Keyword(s):  
Sexual Violence ◽  
International Law ◽  
Armed Conflict ◽  
International Criminal ◽  
International Community ◽  
Armed Conflicts ◽  
Men And Women ◽  
International Criminal Tribunals ◽  
The World ◽  
Gender Based

This article will discuss the manner in which international law deals with crimes of sexual violence committed against men during armed conflict. To date sexual violence against men has received little attention from the international community; instead its focus is almost exclusively on women, yet in armed conflicts across the world, sexual violence is also perpetrated against men. The example of torture demonstrates the current weaknesses in the relevant provisions for acts of sexual violence generally, and acts of sexual violence committed against men specifically. I argue that international criminal tribunals should address sexual violence more broadly, including against men. However, rather than to adopt a piecemeal approach differentiating between acts of sexual violence suffered by men and women, the experiences of men of sexual violence in armed conflict should be used to contribute to understanding the broader issue of gender-based crimes, of which sexual violence forms part.

scholarly journals Application of Private International Law Instruments in the Recognition of Marriages by Shariah Court in Malaysia

2018 ◽  
Vol 7 (3.30) ◽  
pp. 113
Author(s):  
Muhamad Helmi Md Said ◽  
Haniff Ahamat ◽  
Nora Abdul Hak ◽  
Noraini Md Hashim ◽  
Roslina Che Soh@Yusoff
Keyword(s):  
International Law ◽  
Family Relationship ◽  
Study Data ◽  
Comparative Methods ◽  
Private International Law ◽  
Legal Cases ◽  
Cross Border ◽  
Legal Provisions ◽  
International Marriages ◽  
Conference Papers

In recent years, the phenomenon of cross-border marriage has provoked an increase of international disputes in family relationship.  In Malaysia, due to growing cross-border marriage, the Shariah Court in Malaysia cannot avoid and they have been forced to react to this situation.  Patterns and characteristics of cross-border marriage have varied widely among world regions and races and therefore need theoretical enlightenments.  The ideals of marriage which may reflect in husbands and wives thinking of living happily ever after may easily be stumped by the realities of life when problems arise.  Due to the increasing number of cross-border marriage and very limited research on the international dimensions of the law regulating peculiar aspects of marriages, this paper aims to discuss the application of rules of private international law in the Malaysian Shariah courts affecting recognition of cross-border marriage. In this study, data was obtained from materials consisting of textbooks, legal cases, legislation, journals, magazines, newsletters, newspapers, seminar and conference papers and unpublished writings (dissertations and theses). This paper involves investigation and analysis of the materials available in the library. Hence, it uses the historical, analytical and comparative methods.  This article is a preamble to a more detailed study of the International marriages which the result will be useful for further improvement of the existing legal provisions in Malaysia.  

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