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.

The notion of “protracted armed conflict” in the Rome Statute and the termination of armed conflicts under international law: An analysis of select issues

2019 ◽  
Vol 101 (912) ◽  
pp. 1091-1115
Author(s):  
Dustin A. Lewis
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
General Category ◽  
Humanitarian Law ◽  
Principles And Standards

AbstractLegal controversies and disagreements have arisen about the timing and duration of numerous contemporary armed conflicts, not least regarding how to discern precisely when those conflicts began and when they ended (if indeed they have ended). The existence of several long-running conflicts – some stretching across decades – and the corresponding suffering that they entail accentuate the stakes of these debates. To help shed light on some select aspects of the duration of contemporary wars, this article analyzes two sets of legal issues: first, the notion of “protracted armed conflict” as formulated in a war-crimes-related provision of the Rome Statute of the International Criminal Court, and second, the rules, principles and standards laid down in international humanitarian law and international criminal law pertaining to when armed conflicts have come to an end. The upshot of the analysis is that under existing international law, there is no general category of “protracted armed conflict”; that the question of whether to pursue such a category raises numerous challenges; and that several dimensions of the law concerning the end of armed conflict are unsettled.

scholarly journals Gender Justice Beyond the Tribunals: From Criminal Accountability to Transformative Justice

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 227-233
Author(s):  
Kirsten Campbell
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Gender Justice ◽  
International Criminal Justice ◽  
Transformative Justice ◽  
International Criminal Tribunals ◽  
Gender Based

What are the legacies for gender justice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)? Darryl Robinson and Gillian MacNeil in this symposium describe the modernization of the law on sexual violence as a key legacy of the ad hoc international criminal tribunals. However, this characterization does not capture the wider challenges that gender based crimes have raised for the Tribunals, including other legacies of gendered hierarchiesand inequalities.How, then, is it possible to move past these issues to build international criminal justice so that it transforms, rather than reproduces, gendered injustices?

Conflict-Related Sexual Violence in Kosovo and Lessons to be Learned from the International Criminal Tribunal for the former Yugoslavia

2021 ◽  
pp. 1-26
Author(s):  
Remzije Istrefi ◽  
Arben Hajrullahu
Keyword(s):  
Sexual Violence ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Armed Conflicts ◽  
Former Yugoslavia ◽  
Gender Based Violence ◽  
Roles And Responsibilities ◽  
System A ◽  
Gender Based

Abstract This article examines challenges in seeking justice for Conflict-Related Sexual Violence (crsv) survivors in Kosovo. It analyses the roles and responsibilities of international missions and how deficiencies impact the prosecution and adjudication of crsv by Kosovo’s justice system. A key question is why two decades after the 1998–1999 war in Kosovo survivors of crsv cannot find justice? The end of the international mandates, the large number of war crime cases transferred, unfinished files, and the necessity for specific expertise in handling the gender-based violence are some of the existing challenges which undermine the prosecution and adjudication of crsv in Kosovo. The International Criminal Tribunal for the former Yugoslavia (icty) established accountability for sexual violence in armed conflicts. This article seeks to scaffold the icty experience by developing an accurate and comprehensive understanding of the nature of crsv and by examining its impact on survivors and victims’ alike. This paper then explores how a contexualist interpretation of international and domestic criminal law provisions can prioritise the prosecution of crsv amid other pressing needs in Kosovo.

scholarly journals Women, Peace, and Security and the DRC: Time to Rethink Wartime Sexual Violence as Gender-Based Violence?

2016 ◽  
Vol 13 (03) ◽  
pp. 488-515 ◽  
Author(s):  
Sahla Aroussi
Keyword(s):  
Sexual Violence ◽  
International Law ◽  
Armed Conflicts ◽  
Gender Based Violence ◽  
International Agencies ◽  
Law And Policy ◽  
Peace And Security ◽  
Republic Of The Congo ◽  
Gender Based ◽  
Detrimental Impact

During armed conflicts, women experience extensive gender harm of a physical, sexual, legal, economic, social, cultural, and political nature. Recently, however, we have witnessed unprecedented attention in international law and policy-making arenas to the specific issue of sexual violence as a strategy of warfare. This has been particularly obvious in the agenda on women, peace, and security. Since 2008, the United Nations agenda has increasingly and repeatedly focused on sexual violence in armed conflicts in several Security Council resolutions, calling on and pressuring member states and international agencies to address this issue using militaristic and legalistic strategies. In this article, looking particularly at the Democratic Republic of the Congo (DRC), I argue that the prioritization of sexual harm over other forms of gender harm has had a detrimental impact on women living in aid-dependent societies, and the international obsession with sexual harm has delivered neither justice nor security for victims in the DRC. The article concludes that in order to effectively address sexual violence, we have to rethink sexual harm as gender harm and start listening and responding to women's actual needs and priorities on the ground.

Hybrid Courts and Amicus Curiae Briefing

2020 ◽  
pp. 351-365
Author(s):  
Sarah Williams
Keyword(s):  
Sexual Violence ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Amicus Curiae ◽  
Gender Based Violence ◽  
International Criminal Tribunals ◽  
Gender Based ◽  
And Gender

This chapter studies the amicus curiae brief drafted for the Extraordinary African Chambers (EAC) regarding sexual violence in order to theorize the appropriate role of such briefing in enabling silenced voices to participate in international criminal tribunals. The term amicus curiae means literally ‘friend of the court’ in Latin. The concept enables actors who are not a party to proceedings (third parties) to provide information that is relevant, but which may not otherwise be brought before the court. Submissions by amicus curiae have influenced the process and judicial outcomes of international and hybrid criminal tribunals, including the International Criminal Court (ICC). This was evident at the EAC. Several international criminal law practitioners and academics submitted an amicus brief to the Chambers highlighting the need to include crimes of sexual and gender-based violence in the charges to be considered by the Chambers (the SGBV brief). The chapter then explores how civil society actors have used amicus curiae briefs to highlight the experiences and needs of women and girls affected by conflict and failures by tribunals to investigate and prosecute sexual violence in other international criminal tribunals.

scholarly journals International Law Issues Raised by the Transfer of Detainees by Canadian Forces in Afghanistan

2011 ◽  
Vol 56 (4) ◽  
pp. 959-1010
Author(s):  
Marco Sassòli ◽  
Marie-Louise Tougas
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Criminal ◽  
Standard Of Care ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Canadian Forces ◽  
International Criminal Tribunals

The transfer of Afghan detainees to Afghan authorities by Canadian forces raised concerns in public opinion, in Parliament, and was the object of court proceedings and other enquiries in Canada. This article aims to explore the rules of international law applicable to such transfers. The most relevant rule of international humanitarian law (IHL) applies to prisoners of war in international armed conflicts. However, the conflict in Afghanistan, it is argued, is not of an international character. The relevant provision could nevertheless apply based upon agreements between Canada and Afghanistan and upon unilateral declarations by Canada. In addition, international human rights law (IHRL) and the very extensive jurisprudence of its mechanisms of implementation on the obligations of a state transferring a person to the custody of another state where that person is likely to be tortured or treated inhumanely will be discussed, including the standard of care to be applied when there is an alleged risk of torture. While IHL contains the rules specifically designed for armed conflicts, IHRL may in this respect also clarify as lex specialis the interpretation of concepts of IHL. Finally, the conduct of Canadian leaders and members of the Canadian forces is governed by international criminal law (ICL). This article thus demonstrates how IHL, IHRL, and ICL are intimately interrelated in contemporary armed conflicts and how the jurisprudence of human rights bodies and of international criminal tribunals informs the understanding of IHL rules.

scholarly journals Crimes of Sexual Violence within International Criminal Law: A Historical Outline

2020 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Miranda Das ◽  
Sukhdev Singh
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Critical Examination ◽  
Sexual Crimes ◽  
International Criminal Tribunals ◽  
Historical Outline

This article will provide a synoptic historical outline of international criminal law (ICL) from a gender perspective. An effort is made to highlight the landmark stages in the evolution of the ICL, particularly in its treatment of rape and other sexual crimes perpetrated against women during armed conflict. For this purpose, a critical examination of Nuremberg and Tokyo tribunals, criminal tribunals for Yugoslavia and Rwanda as well as Special Court for Sierra Leone, and the International Criminal Court is attempted. Endeavour is to outline the gender and sexual crimes jurisprudence developed by the above mentioned international criminal tribunals as well as courts, and then to examine its effectiveness in prosecuting crimes of rape and sexual violence carried out against women. An analysis of what might have gone wrong within the ICL in dealing with rape and crimes of sexual nature is also attempted.

scholarly journals Prosecuting Gendered Violence in International Law: The Paradox of Wartime Violence

2016 ◽  
Vol 1 ◽  
Author(s):  
Tariq Khan
Keyword(s):  
Sexual Violence ◽  
Collective Memory ◽  
International Law ◽  
International Criminal ◽  
Gendered Violence ◽  
Conflict Zones ◽  
International Criminal Tribunals ◽  
Individual Memory ◽  
Victims Of Violence ◽  
The Individual

By an examination of the judgments of the International Criminal Tribunals, this essay reflects upon the feminist discourse of rape as an instrument of genocide, which has been invoked to call for invervention in conflict zones. I argue that the construction in International law of sexual violence as a 'weapon' that'one side' picks up to harm the other, paradoxically makes the victims of violence largley invisible. This process of invisibility occursin international law when victims of wartime sexual violence, in order to have their experiences represented and recognized at trial, are expected to speak of the violence in a way that weaves fact into a community’s identity. International Criminal Tribunals offer a uniform narrative with distinct language, by which witnesses are permitted to testify to, their stories of violence. Consequently a victim’s individual memory is rendered invisible and transformed in international law as collective memory. This uniform narrative of rape fits well into the memory of collective suffering of a group, however it prevents nuanced understandings of wartime violence, found in the individual memory of victims, from being comprehended.

scholarly journals The War Crime of Starvation in Non-International Armed Conflict

2019 ◽  
Vol 17 (4) ◽  
pp. 815-847
Author(s):  
Federica D’Alessandra ◽  
Matthew Gillett
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Armed Conflicts ◽  
Policy Implications ◽  
Many Instruments ◽  
The Face ◽  
Key Issues

Abstract The starvation of civilians is an all too frequent feature of armed conflict. While starvation may occur as an unintended consequence of military activities, it is also sometimes intentionally used by conflicting parties as a method of warfare. There is a broad consensus that the employment of starvation tactics during armed conflict is morally repugnant. This condemnation is reflected in many instruments of international law, which prohibit the use of starvation as a method of warfare in all armed conflicts. Despite this apparent consensus, the Rome Statute of the International Criminal Court only includes the starvation of civilians as a war crime when it is committed during an international armed conflict. In the face of this anomaly, Switzerland has proposed an amendment to the Rome Statute, whereby the crime of starving civilians would also apply to non-international armed conflicts. The following analysis addresses the key issues arising from the Swiss proposal, including the legal basis for the prohibition under customary and conventional international law, the elements of the proposed formulation, and the policy implications of adopting such an amendment to the Rome Statute.

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