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Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great stridesin developing international criminal law in this area, this volumeexposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.

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Genre: Law
Author: Baron Serge Brammertz
Publisher: Oxford University Press
Release: 2016-04-14
File: 350 Pages
ISBN-13: 9780191081040

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BOOK EXCERPT:

Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.

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Genre:
Author: Serge Brammertz
Publisher: Oxford University Press
Release: 2016-04-07
File: 544 Pages
ISBN-13: 9780198768562

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BOOK EXCERPT:

Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great stridesin developing international criminal law in this area, this volumeexposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.

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Genre: Law
Author: Baron Serge Brammertz
Publisher: Oxford University Press
Release: 2016-04-14
File: 350 Pages
ISBN-13: 9780191081033

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Sexual violence is a particular brand of evil that women have endured—more than men—during armed conflicts, through the ages. It is a menace that has continued to challenge the conscience of humanity—especially in our times. At the international level, basic laws aimed at preventing it are not in short supply. What is needed is a more conscious determination to enforce existing laws. This book explores ways of doing just that; thereby shoring up international legal protection of women from sexual violence in armed conflicts.

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Genre: Law
Author: Chile Eboe-Osuji
Publisher: Martinus Nijhoff Publishers
Release: 2012-08-27
File: 372 Pages
ISBN-13: 9789004227224

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This book explores and challenges common assumptions about gender, conflict, and post-conflict situations. It critically examines the gendered aspects of international and transitional justice processes by subverting traditional understandings of how wars are waged, the power dynamics involved, and the experiences of victims.

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Genre: Equality before the law
Author: Solange Mouthaan
Publisher:
Release: 2019-02-22
File: 362 Pages
ISBN-13: 1780686862

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This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface in armed conflict and it asks whether the law is capable of reflecting these in subsequent judgements. Focusing on the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda as well as subsequent developments in the International Criminal Court, the book shows how the tribunals have delivered landmark jurisprudence in the area of sexual violence against women and provided a legacy for how gender justice is incorporated into international law. However, Daniela Nadj argues that in the relevant cases there is a tendency to depict women in monolithic fashion with little agency or sense of identity beyond their ethnicity. By bringing to the surface the complexity and multi-faceted gendered identities in wartime, the book calls for a reconceptualisation of notions of femininity in armed conflict.

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Genre: Law
Author: Daniela Nadj
Publisher: Routledge
Release: 2018-05-23
File: 256 Pages
ISBN-13: 9781317228189

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It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.

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Genre: Law
Author: Janine Natalya Clark
Publisher: Routledge
Release: 2017-09-01
File: 243 Pages
ISBN-13: 9781351718578

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Since the 1990s, sexual violence in conflict zones has received much media attention. In large part as a result of grassroots feminist organizing in the 1970s and 1980s, mass rapes in the wars in the former Yugoslavia and during the Rwandan genocide received widespread coverage, and international organizations—from courts to NGOs to the UN—have engaged in systematic efforts to hold perpetrators accountable and to ameliorate the effects of wartime sexual violence. Yet many millennia of conflict preceded these developments, and we know little about the longer-term history of conflict-based sexual violence. Sexual Violence in Conflict Zones helps to fill in the historical gaps. It provides insight into subjects that are of deep concern to the human rights community, such as the aftermath of conflict-based sexual violence, legal strategies for prosecuting it, the economic functions of sexual violence, and the ways perceived religious or racial difference can create or aggravate settings of sexual danger. Essays in the volume span a broad geographic, chronological, and thematic scope, touching on the ancient world, medieval Europe, the American Revolutionary War, precolonial and colonial Africa, Muslim Central Asia, the two world wars, and the Bangladeshi War of Independence. By considering a wide variety of cases, the contributors analyze the factors making sexual violence in conflict zones more or less likely and the resulting trauma more or less devastating. Topics covered range from the experiences of victims and the motivations of perpetrators, to the relationship between wartime and peacetime sexual violence, to the historical background of the contemporary feminist-inflected human rights moment. In bringing together historical and contemporary perspectives, this wide-ranging collection provides historians and human rights activists with tools for understanding long-term consequences of sexual violence as war-ravaged societies struggle to achieve postconflict stability.

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Genre: History
Author: Elizabeth D. Heineman
Publisher: University of Pennsylvania Press
Release: 2011-04-15
File: 352 Pages
ISBN-13: 9780812204346

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In Wartime Sexual Violence at the International Level: A Legal Perspective, Dr. Caterina Arrabal Ward argues that the human rights of victims of sexual violence are not presently entirely contemplated or protected.

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Genre: Political Science
Author: Caterina E. Arrabal Ward
Publisher: BRILL
Release: 2018-07-19
File: 272 Pages
ISBN-13: 9789004360082

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Reports of sexual violence in armed conflict frequently appear in political discussions and news media, presenting a stark contrast to a long history of silence and nonrecognition. Conflict-related sexual violence has transitioned rapidly from a neglected human rights issue to an unambiguous security concern on the agendas of powerful states and the United Nations Security Council. Through interviews and primary-source evidence, Kerry F. Crawford investigates the reasons for this dramatic change and the implications of the securitization of sexual violence. Views about wartime sexual violence began changing in the 1990s as a result of the conflicts in the former Yugoslavia and Rwanda and then accelerated in the 2000s. Three case studies—the United States' response to sexual violence in the Democratic Republic of Congo, the adoption of UN Security Council Resolution 1820 in 2008, and the development of the United Kingdom’s Preventing Sexual Violence in Conflict Initiative—illustrate that use of the weapon of war frame does not represent pure co-optation by the security sector. Rather, well-placed advocates have used this frame to advance the antisexual violence agenda while simultaneously working to move beyond the frame’s constraints. This book is a groundbreaking account of the transformation of international efforts to end wartime sexual violence.

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Genre: Political Science
Author: Kerry F. Crawford
Publisher: Georgetown University Press
Release: 2017-09-01
File: 224 Pages
ISBN-13: 9781626164673

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