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"[This anthology] addresses the gap betwen international standard-setting prohibiting international sex crimes and actual accountability for individuals who are responsible for such crimes. The book provides detailed analysis of the legal requirements of international sex crimes and types of fact that can be used to meet these requirements. It includes a unique knowledge-base that digests international case law on such crimes. The anthology also contains several studies of institutional and evidentiary challenges in the prosecution of international sex crimes"--Series pref.

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Genre: Law
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
Release: 2012-04-25
File: 894 Pages
ISBN-13: 9788293081296

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Genre: Law
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
Release: 2013-01-24
File: 4 Pages
ISBN-13: 9788293081647

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Genre: Law
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
Release: 2018-06-01
File: 577 Pages
ISBN-13: 9788283480245

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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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Whilst there is considerable literature on rape from various perspectives, there is very little that focuses on rape committed by multiple perpetrators (also referred to as group or gang rape). For the first time, this handbook brings together international multi-disciplinary perspectives on multiple perpetrator rape. The book is organised to provide readers with a comprehensive account of the thinking, theorising and empirical evidence on multiple perpetrator rape to date. Aspects covered include: different contexts in which multiple perpetrator rape occurs such as gangs, war, fraternities, South Africa; experiences of women and girls as victims and perpetrators; offence characteristics such as leadership and role taking, aggression and violence; the importance of group size; the prosecution of and treatment of offenders; and approaches to prevention. The contributions to this collection are written by leading academics and practitioners from a variety of disciplines who bring together research and practice on multiple perpetrator rape by presenting new data from a strong theoretical and contextual base. This book will be a key text for students and academics studying multiple perpetrator rape and an essential reference tool for professionals working in the field including police officers, educationalists, forensic psychologists, youth workers, probation staff, lawyers, judges and policy makers.

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Genre: Social Science
Author: Miranda Horvath
Publisher: Routledge
Release: 2013
File: 295 Pages
ISBN-13: 9780415500449

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Document from the year 2019 in the subject Law - European and International Law, Intellectual Properties, Tufts University, language: English, abstract: The focus of this book is the analysis of male sexual crimes in international criminal justice. The first part of the present research work is focused on the legal analysis of the relevant articles of international criminal court's Statute regarding the obligation of cooperation between states for the punishment of serious crimes against humanity and war. Judicial development, starting with the ad hoc tribunals and arriving at causes at various stages of proceedings still ongoing in the International Criminal Court (ICC), opens doctrinal and comparative national debates especially in the case of lacking states cooperation, seeking to elaborate specific topics such as the obligation of states cooperation, requests for assistance during preliminary investigations,during inquires, and confidential information. Court assistance to states parties participating in the Statute, suspending the execution of a request, the role of the prosecutor and the non-assistance of some states impede the development and operation of international criminal justice. The second part has attempted to analyze sexual crimes and especially the crime of male rape.The jurisprudence of international criminal tribunals and the ICC have tried to qualify rapeeither as a crime of genocide in the form of serious and physical injuries, even if notnecessarily permanent (lett.b) Art.6 of the Rome Statute; or as a crime against humanity wherethere are elements of context and above all material elements that emerge from the defenitionsgiven by the ad hoc tribunals and the elements of crimes; or even as a war crime in case it isimplemented to that of sexual violence, according to a geneder specific relationship tospeciem. Judges through the jurisprudence have included in this context any conduct of asexual type of aggression to human dignity that does not consist in an act of penetration andthat does not involve physical contract. The contrasts are always open. Due to the lack ofdealing with a "particular" crime and difficult to prove it or testify before an internationalcourt. The indication on the level of gravity of the crime is necessary for the relevance ofsexual violence and rape as crimes against humanity that we will see in the coming years.

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Genre: Law
Author: Dimitris Liakopoulos
Publisher: GRIN Verlag
Release: 2019-04-01
File: 383 Pages
ISBN-13: 9783668912151

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Rape is common during wartime, but even within the context of the same war, some armed groups perpetrate rape on a massive scale while others never do. In Rape during Civil War Dara Kay Cohen examines variation in the severity and perpetrators of rape using an original dataset of reported rape during all major civil wars from 1980 to 2012. Cohen also conducted extensive fieldwork, including interviews with perpetrators of wartime rape, in three postconflict counties, finding that rape was widespread in the civil wars of the Sierra Leone and Timor-Leste but was far less common during El Salvador's civil war. Cohen argues that armed groups that recruit their fighters through the random abduction of strangers use rape—and especially gang rape—to create bonds of loyalty and trust between soldiers. The statistical evidence confirms that armed groups that recruit using abduction are more likely to perpetrate rape than are groups that use voluntary methods, even controlling for other confounding factors. Important findings from the fieldwork—across cases—include that rape, even when it occurs on a massive scale, rarely seems to be directly ordered. Instead, former fighters describe participating in rape as a violent socialization practice that served to cut ties with fighters’ past lives and to signal their commitment to their new groups. Results from the book lay the groundwork for the systematic analysis of an understudied form of civilian abuse. The book will also be useful to policymakers and organizations seeking to understand and to mitigate the horrors of wartime rape.

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Genre: Political Science
Author: Dara Kay Cohen
Publisher: Cornell University Press
Release: 2016-07-13
File: 288 Pages
ISBN-13: 9781501705984

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Violence against women is one factor in the growing wave of alarm about violence in American society. High-profile cases such as the O.J. Simpson trial call attention to the thousands of lesser-known but no less tragic situations in which women's lives are shattered by beatings or sexual assault. The search for solutions has highlighted not only what we know about violence against women but also what we do not know. How can we achieve the best understanding of this problem and its complex ramifications? What research efforts will yield the greatest benefit? What are the questions that must be answered? Understanding Violence Against Women presents a comprehensive overview of current knowledge and identifies four areas with the greatest potential return from a research investment by increasing the understanding of and responding to domestic violence and rape: What interventions are designed to do, whom they are reaching, and how to reach the many victims who do not seek help. Factors that put people at risk of violence and that precipitate violence, including characteristics of offenders. The scope of domestic violence and sexual assault in America and its conequences to individuals, families, and society, including costs. How to structure the study of violence against women to yield more useful knowledge. Despite the news coverage and talk shows, the real fundamental nature of violence against women remains unexplored and often misunderstood. Understanding Violence Against Women provides direction for increasing knowledge that can help ameliorate this national problem.

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Genre: Social Science
Author: National Research Council
Publisher: National Academies Press
Release: 1996-06-07
File: 240 Pages
ISBN-13: 0309175836

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Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.

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Genre: Law
Author: Elizabeth A. Sheehy
Publisher: University of Ottawa Press
Release: 2012-09-29
File: 836 Pages
ISBN-13: 9780776619774

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Before the twenty-first century, there was little legal precedent for the prosecution of sexual violence as a war crime. Now, international tribunals have the potential to help make sense of political violence against both men and women; they have the power to uphold victims' claims and to convict the leaders and choreographers of systematic atrocity. However, by privileging certain accounts of violence over others, tribunals more often confirm outmoded gender norms, consigning women to permanent rape victim status. In Sex and International Tribunals, Chiseche Salome Mibenge identifies the cultural assumptions behind the legal profession's claims to impartiality and universality. Focusing on the postwar tribunals in Rwanda and Sierra Leone, Mibenge mines the transcripts of local and supranational criminal trials and truth and reconciliation commissions in order to identify and closely examine legal definitions of forced marriage, sexual enslavement, and the conscription of children that overlook the gendered experiences of armed conflict beyond the mass rape of women and girls. In many cases, a single rape conviction constitutes sufficient proof that gender-based violence has been mainstreamed into the prosecution of war crimes. Drawing on anthropological research in African conflicts, and feminist theory, Mibenge challenges legal narratives that reinscribe essentialized notions of gender in the conduct and resolution of violent conflict and uncovers the suppressed testimonies of men and women who are unwilling or unable to recite the legal scripts that would elevate them to the status of victimhood recognized by an international and humanitarian audience. At a moment when international intervention in conflicts is increasingly an option, Sex and International Tribunals points the way to a more nuanced and just response from courts.

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Genre: Political Science
Author: Chiseche Salome Mibenge
Publisher: University of Pennsylvania Press
Release: 2013-07-26
File: 248 Pages
ISBN-13: 9780812208429

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