Rape and Human Rights

PMLA ◽  
2006 ◽  
Vol 121 (5) ◽  
pp. 1662-1664 ◽  
Author(s):  
Jean Franco
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Ethnic Group ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Geneva Conventions ◽  
War Criminals ◽  
The United Nations

According to the report of the United Nations commission on Human Rights, rape is the least condemned war crime (coomaraswamy, Further Promotion 64n263). Although wartime rape was listed as a crime against humanity by the Nuremberg Military Tribunals and by the Geneva Conventions, it was not until 2001 that the International Criminal Tribunal for the former Yugoslavia identified rapists as war criminals. In that year the tribunal sentenced three men for violations of the laws or customs of war (torture, rape) and crimes against humanity (torture, rape) committed during the war in Bosnia during the 1993 takeover of Foca, where women were systematically raped and killed, the purpose being “to destroy an ethnic group by killing it, to prevent its reproduction or to disorganize it, removing it from its home soil.”

scholarly journals The International Criminal Tribunal for the Former Yugoslavia and Fair Trial Rights: A Closer Look

1996 ◽  
Vol 9 (2) ◽  
pp. 479-501 ◽  
Author(s):  
James Sloan
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Recent Article ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
The Other ◽  
Former Yugoslavia ◽  
Body System ◽  
European Court ◽  
Treaty Body

In a recent article lamenting the perception of partiality created by an activist judge of the International Criminal Tribunal for the former Yugoslavia (ICTY), one commentator observed the general lack of scrutiny to which the ICTY is being held in its treatment of the rights of the accused. He noted that it “is a court without legal critics: no complaint about its conduct may be made to the Human Rights Committee in Geneva or to the European Court [of Human Rights], and human rights lobbies have tended to look the other way.” Indeed, it is in a position that many governments, fatigued by what many of them consider to be cumbersome reporting obligations and troublesome individual complaints procedures under the United Nations treaty body system, would envy.

Constitutional and Institutional Developments

1999 ◽  
Vol 12 (4) ◽  
pp. 931-933
Author(s):  
Åsa Rydberg
Keyword(s):  
United Nations ◽  
Federal Government ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Foreign Affairs ◽  
Former Yugoslavia ◽  
Federal Minister ◽  
The United Nations ◽  
State Secretary

On 23 July 1999, an Agreement on the enforcement of sentences of the International Criminal Tribunal for the former Yugoslavia (ICTY) was concluded between the United Nations and the Federal Government of Austria. The formalization of the Agreement took place during a meeting in Vienna between Judge Gabrielle Kirk McDonald, President of the ICTY, H.E. Mrs. Benita Ferrero-Waldner, State Secretary, Federal Ministry for Foreign Affairs of Austria and H.E. Mr. Nikolaus Michalek, Federal Minister for Justice of Austria. Austria is the fifth state to enter into such an Agreement.

Constitutional and Institutional Developments

2000 ◽  
Vol 13 (2) ◽  
pp. 369-371 ◽  
Author(s):  
Åsa Rydberg
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Legal Requirements ◽  
Permanent Member ◽  
The United Nations ◽  
The Government

Two additional agreements have been concluded on the enforcement of sentences of the International Criminal Tribunal for the former Yugoslavia (ICTY). On 25 February 2000, an agreement was concluded between the Government of the French Republic and the United Nations on the enforcement of sentences of the ICTY. Thus, France thereby became the first permanent member of the Security Council to conclude such an agreement. A month later, on 28 March 2000, another agreement was concluded between the Kingdom of Spain and the United Nations. Both these agreements will enter into force upon notification to the United Nations by the respective states that the necessary national legal requirements have been met. Previously, agreements have been concluded with the following states: Italy, Finland, Norway, Sweden and Austria.

Constitutional and Institutional Developments

1998 ◽  
Vol 11 (2) ◽  
pp. 367-367
Keyword(s):  
United Nations ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
The United Nations

On 24 April 1998, the United Nations signed an agreement with Norway on the Enforcement of Sentences imposed by the International Criminal Tribunal for the former Yugoslavia (ICTY). The Agreement entered into force upon signature. Similar agreements have been signed with Italy and Finland on 6 February 1997 and 7 May 1997 respectively.

scholarly journals Truth and justice: The challenge for victims at the International Criminal Tribunal for the Former Yugoslavia

Temida ◽  
2002 ◽  
Vol 5 (4) ◽  
pp. 29-32
Author(s):  
Judith Armatta
Keyword(s):  
United Nations ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Public Forum ◽  
The United Nations ◽  
Slobodan Milosevic

The United Nations mandate to the International Criminal Tribunal for the Former Yugoslavia (ICTY) includes "to render justice to victims." Rendering justice has many facets. It may include arrest, conviction and appropriate sentencing of the perpetrator(s). For a victim to feel justice has been done, it often also requires a public forum where she can tell her story. It requires that she be listened to with respect. It requires that the community acknowledge her suffering. How well can the ICTY accomplish its mission to render justice to victims? Is it sufficient? The presentation will address this question in the context of the ICTY generally and the trial of Slobodan Milosevic in particular.

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