Sexualised Crimes Armed Conflict And The Law

From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents. This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects women’s experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law. Sexualised Crimes, Armed Conflict and the Law draws on feminist and constructivist theories and offers a comprehensive theoretical and empirical examination of the definition of rape and forced marriage. It presents the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, officials and intergovernmental organisations, and students in the fields of post-conflict law and justice, international law, human rights law, international relations, gender studies, politics, and criminology.

"From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents.This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects womens experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law.Sexualised Crimes, Armed Conflict and the Law draws on feminist and constructivist theories and offers a comprehensive theoretical and empirical examination of the definition of rape and forced marriage. It presents the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, officials and intergovernmental organisations, and students in the fields of post-conflict law and justice, international law, human rights law, international relations, gender studies, politics, and criminology."--Provided by publisher.

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.

Noëlle N.R. Quénivet has constructed a valuable tool for navigating the morass of sexual offences and international law. Using Bosnia-Herzegovina a jumping off point, she proceeds to show how, over the last two decades, the Western world has been swept up by a wave of feminist scholars writing about international law and more particularly humanitarian and human rights law. Although these articles, books and statements have covered a broad range of issues, the focus has been on sexual offences and, more specifically, on rape in times of conflict. These authors, as well as NGOs supporting their ideas, have made a series of assumptions concerning sexual offences in times of armed conflict. On the basis of these presumptions, they have claimed inter alia that international law does not adequately prohibit sexual offences and that prosecution is scarce. This timely work examines whether the assumptions made by feminist scholars are solidly grounded in international law and whether their claims are still valid regarding the latest legal developments. A thorough examination of the laws and the jurisprudence relating to sexual offences demonstrates that whereas before the creation of the ad hoc international criminal tribunals some of their claims were founded, these claims are now partially ill-founded. Published under the Transnational Publishers imprint.

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.

In the mid 1970s, at the peak of the women’s movement, feminist activism and research opened the door to questions that are still pressing today. While sexual violence has gained public awareness and become a subject in academic debate, efforts to understand and strategies to prevent this form of violence remain inadequate. Who are the perpetrators? How is sexual violence tied to other forms of violence? What are the consequences for individual victims and societies? Compiled by the International Research Group ‘Sexual Violence in Armed Conflict’ (SVAC), this volume takes an interdisciplinary approach to understanding wartime sexual violence. Its enquiry employs four key relationships: War/Power, Violence/Sexuality, Gender/Engendering and Visibility/Invisibility. Through these, the authors identify gaps in existing knowledge to develop a deeper and more nuanced understanding of the field. This volume is the result of long-standing cooperation. The International Research Group ‘Sexual Violence in Armed Conflict’ (SVAC) is a network of interdisciplinary scholars and NGO experts founded in October 2010. Sociologists, philosophers, historians, literary and legal scholars as well as NGO professionals from Europe, the US, Asia and Africa bring together empirical and theoretical studies focusing on sexual violence in different theatres of armed conflict. The group compares source material and promotes the systematic development of research questions and methods.

Every year, hundreds of thousands of women become victims of sexual violence in conflict zones around the world; in the Democratic Republic of Congo alone, approximately 1,100 rapes are reported each month. This book offers a comprehensive analysis of the causes, consequences and responses to sexual violence in contemporary armed conflict. It explores the function and effect of wartime sexual violence and examines the conditions that make women and girls most vulnerable to these acts both before, during and after conflict. To understand the motivations of the men (and occasionally women) who perpetrate this violence, the book analyzes the role played by systemic and situational factors such as patriarchy and militarized masculinity. Difficult questions of accountability are tackled; in particular, the case of child soldiers, who often suffer a double victimization when forced to commit sexual atrocities. The book concludes by looking at strategies of prevention and protection as well as new programs being set up on the ground to support the rehabilitation of survivors and their communities. Sexual violence in war has long been a taboo subject but, as this book shows, new and courageous steps are at last being taken Ð at both local and international level - to end what has been called the “greatest silence in history”.

In 2012, the UK introduced the ‘Preventing Sexual Violence Initiative’. This work examines whether it is actually possible to prevent sexual violence being employed as a weapon of war against women, men and children. It assesses existing prevention strategies, uses Daesh as a case study – to illustrate the limitations of the current approaches – and considers additional measures. The author concludes that it is possible to prevent sexual violence in war, provided that all appropriate measures are harnessed and adapted to the specific circumstances of each conflict. It will, though, require improvements to existing strategies, the use of additional prevention measures, more resources and long-term engagement of all actors. This volume was awarded the 2017 first prize in EuroISME’s annual best thesis contest. Im Jahr 2012 führte das Vereinigte Königreich die “Initiative zur Verhütung von sexueller Gewalt” ein. Diese Arbeit untersucht, ob es tatsächlich möglich ist, sexueller Gewalt vorzubeugen, die gegen Frauen, Männer und Kinder angewandt wird. Sie bewertet schon vorhandene Vorbeugungsstrategien, verwendet Daesh als Fallstudie – um die Grenzen der derzeitigen Ansätze zu illustrieren - und zieht zusätzliche Maßnahmen in Betracht. Die Arbeit schlussfolgert, dass es möglich ist, sexuelle Gewalt im Krieg zu verhindern, vorausgesetzt, dass alle angemessenen Maßnahmen nutzbar gemacht und an die spezifischen Umstände jedes Konflikts angepasst werden. Dies wird jedoch Verbesserungen der bestehenden Strategien, den Einsatz zusätzlicher Präventionsmaßnahmen, mehr Ressourcen und langfristiges Engagement aller Akteure erfordern. Diese Arbeit wurde mit dem ersten Preis des Jahres 2017 im EuroISME-Wettbewerb für die beste Abschlussarbeit in Militärethik ausgezeichnet. En 2012, le Royaume-Uni présente l’Initiative de Prévention de la Violence Sexuelle (PSVI). Cet ouvrage étudie la possibilité d’empêcher que la violence sexuelle ne soit utilisée comme arme de guerre contre les femmes, les hommes et les enfants, évalue les approches préventives existantes, prend Daech comme sujet d’étude de cas pour montrer les limites que présentent les approches actuelles, et considère des mesures supplémentaires. Ce travail conclut qu’il est possible d’empêcher l’usage de violence sexuelle en situation de conflit, pourvu que toutes les mesures adéquates soient exploitées et adaptées aux spécificités de chaque conflit. Des améliorations aux stratégies existantes, l’utilisation de mesures de prévention supplémentaires, davantage de ressources et un engagement à long terme de tous les acteurs seront cependant nécessaires. Ce mémoire a reçu le premier prix de l’année 2017 du concours annuel d’EuroISME pour le meilleur mémoire universitaire en éthique militaire.