War Crimes Against Women: Prosecution in International War Crimes TribunalsMartinus Nijhoff Publishers, 1997 - 455 páginas This book examines laws and customs of war prohibiting rape crimes dating back thousands of years, even though gender-specific crimes, particularly sex crimes, have been prevalent in wartime for centuries. It surveys the historical treatment of women in wartime, and argues that all the various forms of gender-specific crimes must be prosecuted and punished. It reviews the Nuremberg and Tokyo War Crimes Tribunals from a gendered perspective, and discusses how crimes against women could have been prosecuted in these tribunals and suggests explanations as to why they were neglected. It addresses the status of women in domestic and international law during the past one hundred years, including the years preceding World War II and in the aftermath of this war, and in the years immediately preceding the Yugoslav conflict. The evolution of the status and participation of women in international human rights and international humanitarian law is analyzed, including the impact domestic law and practice has had on international law and practice. Finally, this book reviews gender-specific crimes in the Yugoslav conflict, and presents arguments as to how various gender-specific crimes (including rape, forced prostitution, forced impregnation, forced maternity, forced sterilization, genocidal rape, and sexual mutilation) can be, and why they must be, prosecuted under Articles 2-5 of the Yugoslav Statute (i.e., as grave breaches of the Geneva Conventions, torture, violations of the laws of war, violations of the customs of war, genocide, and crimes against humanity). The author, a human rights attorney, academic, and activist, spent three years researching both the treatment of women during periods of armed conflict and humanitarian laws protecting women from war crimes. |
Índice
INTRODUCTION THE DEVELOPMENT AND PROSECUTION | 1 |
Terms and Definitions | 7 |
CHAPTER IHUMANITARIAN LAW PRIOR TO WORLD WAR II | 18 |
CHAPTER IIGENDER SPECIFIC WAR CRIMES COMMITTED | 49 |
Rape in Asia | 62 |
Forced Prostitution in Europe | 71 |
Forced Sterilization in Europe | 88 |
EVENTS LEADING TO THE NUREMBERG TRIAL | 96 |
Summary | 295 |
PROSECUTING GENDER CRIMES IN | 298 |
The Commission of Expert | 306 |
Gender Abuses as Violations of the Laws or Customs | 322 |
Gender Abuses as Violations of the Genocide | 337 |
Gender Abuses as Crimes Against Humanity | 344 |
Practical Considerations of Accountability for Wartime Sexual | 361 |
Summary of the ICTY | 368 |
THE NUREMBERG WAR CRIMES TRIAL | 129 |
CHAPTER V THE TOKYO WAR CRIMES TRIAL | 164 |
CHAPTER VI THE EVOLUTION OF THE STATUS OF WOMEN | 204 |
Status of Women Post WWII | 215 |
International Law | 223 |
Current Status of Women PreYugoslav and Rwandan Trials | 257 |
Single Isolated Rapes | 288 |
CONCLUSION OF WAR CRIMES AGAINST WOMEN | 376 |
Violations of the laws or customs of war | 388 |
Section VReproductive Crimes | 397 |
404 | |
451 | |
Outras edições - Ver tudo
War Crimes Against Women: Prosecution in International War Crimes Tribunals Kelly Dawn Askin Pré-visualização limitada - 2023 |
War Crimes Against Women: Prosecution in International War Crimes Tribunals Kelly Dawn Askin Pré-visualização indisponível - 1997 |
Palavras e frases frequentes
1949 Geneva Conventions abuses accused Additional Protocol armed conflict Article atrocities Bassiouni & Nanda BROWNMILLER camps CASSESE Charter civilian population comfort women Commission of Experts crimes against humanity crimes against peace Crimes Trial defendants emphasis added female forced prostitution Former Yugoslavia forms of sexual Fourth Geneva Convention gender specific genocide German Ginsburgs & Kudriavtsev girls grave breach IMT Docs IMTFE inhuman treatment INT'L International Criminal International Human Rights international humanitarian law international law jus cogens Justice killed Kudriavtsev eds laws of war Meron murder Muslim Nazi Nuremberg Trial Nuremberg Tribunal offense perpetrators political pregnancy prohibited prosecute protected punishment racial rape crimes reported reproduced responsible RÖLING Rwandan Tribunals sentenced Serbian sex crimes sexual assault sexual violence Stiglmayer supra note supra note 15 systematic Tokyo Tribunal torture transcript pg United Nations victims violations violence against women war crimes wartime woman World Yamashita Yugoslav Statute Yugoslav Tribunal