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2023, Entela Cukani
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11 pages
1 file
Special Issue III (2023) Scars on Women's Bodies: The Kunarac Case and the "Figuration" of the Crime of «New Forms of Slavery» * Entela Cukani CONTENTS: 1. The Many Faces of "Violence Against Women".-2. The Facts of the Case Kunarac and others.-3. The Court's Decision and the "Figuration" of the Crime of «New Forms of Slavery».-4. The Crime of New Forms of Slavery after the Kunarac Case. * Double-blind peer reviewed in accordance with the Journal guidelines. 1 On these aspects see B.B. Garìn, Gender Victim of Gender-Based Violence, in A. Bartolini-R. Cippitani-V. Colcelli (eds.), Dictionary of Statutes within EU Law, Cham, 2019, p. 281 ff. It must be underlined, that most legal commentary hails the ad hoc with revolutionizing the prosecution of sexual violence in the context of female victims and overlooks sexual violence targeting male victims. ICTY's first case, and the first international war crimes trial since Nuremberg and Tokyo, was also the first-ever trial for sexual violence against men. After a three-year trial, the Trial Chamber handed down a guilty verdict. See ICTY, Prosecutor v. Duško Tadić, Case No. IT-94-1-T, Opinion and Judgment, 7 May 1997. 2 The CEDAW Recommendation no. 19 on Violence Against Women paved the way for such recognition. After this first step, several other instruments that recognize gander-based violence like a violation of human rights, have been adopted. Nevertheless, the more important developments in this aspect have been raised in international jurisprudence. See on this, R.J. Cook (eds.
A critical analysis of the case law before the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone relating to sexual and gender-based violence. This piece discusses the significant developments made within international criminal law regarding the prosecution of sexual and gender-based violence during conflict as a result of the prosecutorial strategy jurisprudence of the ad-hoc institutions. Written and published as part of LLB.
Journal of Programming Languages, 2020
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.
Asian Journal of International Law, 2022
In March 2016, the International Criminal Court (icc) rendered a guilty verdict against Jean-Pierre Bemba, ex-president of the Democratic Republic of Congo, for his involvement in operations in the Central African Republic from 2002 to 2004. He was found guilty in his capacity as military commander of crimes against humanity and war crimes. The decision is the first by the icc to address sexual violence as a weapon of war and in the context of command responsibility. This article assesses the Bemba decision from a feminist perspective. Key normative developments have occurred in the substantive international criminal law surrounding sexual violence, and the guilty verdict against Jean-Pierre Bemba represents an effective implementation of international criminal law. However, in light of major feminist concerns that arise in international law on sexual violence, the encouraging developments in the judgement occur mostly at the implementation level, leaving much to be done in terms of gender conceptualization and norm-setting. Keywords sexual violence-international criminal law-feminist perspectives-Bemba case-International Criminal Court (icc)-war crimes-crimes against humanity-rape On 21 March, the International Criminal Court (icc) rendered a guilty verdict against Jean-Pierre Bemba, ex-president of the Democratic Republic of Congo, for his involvement in war crimes and crimes against humanity in the Central African Republic during a 2002-2004 operation. He was found guilty
ABUAD Law Journal, 2023
Women, their bodies, their sexuality, and their gender-specific vulnerabilities have been used, with impunity, as weapons of war. Human rights organisations have extensively reported that soldiers have abused women and girls "as a part of their effort to win and maintain control over civilians and the territory they inhabited." 1
Berkeley Women's LJ, 1994
International humanitarian law and human rights law prohibit all forms of sexual violence at all times and against anyone and international criminal law provides for the individual criminal responsibility of sexual crimes' perpetrators. During the breakup of Yugoslavia nationalist military and paramilitary forces ignoring all these prohibition written in international documents and domestic military manuals used rape and sexual violence both against men and women as a tool of warfare. The following study focuses on those crimes by illustrating the role of International Criminal Tribunal for the Former Yugoslavia ('Tribunal' or 'ICTY') trials in classification, prosecution and development of the international jurisprudence on sexual violence against women in armed conflict.
As the papers in this volume make clear, there is a growing recognition that gender plays a role in shaping the conditions, mechanisms and representations of large-scale violence.
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