Women's Human Rights Resources Database

 

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1
Aolain, Fionnuala Ni, Sex-Based Violence and the Holocaust - A Re-evaluation of Harms and Rights in International Law, 12 YALE JOURNAL OF LAW AND FEMINISM, 43-84 (2000).

This article identifies a general underdevelopment of sanctions pertaining to sexual violation during conflict situations. The article further explores the extent to which particular aspects of gender violence during war are entirely without legal scrutiny. This absence of scrutiny is explored through analysis of new empirical research conducted into sexual violations that occurred during the Holocaust. In analyzing the concept of harm, the author focuses on maternal separation and sexual erasure, demonstrating the inability of international law to articulate these acts as harms and the degree to which particular indignities were intended to have broader military objectives. Emphasizing the central paradigm of individual autonomy upon which the international human rights discourse is founded, the author concludes by reflecting on how international standards of protection may progress in future. [Descriptors: Armed Conflict, International]

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2
Aolain, Fionnuala Ni, Radical Rules: The Effects of Evidential and Procedural Rules on the Regulation of Sexual Violence in War, 60 ALBANY LAW REVIEW, 883-905 (1997).

The author of this article argues that sexual violence during wartime has historically been omitted from the field of international humanitarian law. This article examines the Rules of Procedure and Evidence that guide the conduct of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and reviews the role of the Rules in the prosecution of sexual offences against women. The author concludes that the Rules can assist and reinforce the expansion of legal responsibility for sexual violence in times of armed conflict by reshaping cultural and legal attitudes towards sexual violence occurring during armed conflict. [Descriptors: Armed Conflict, International - Europe, International]

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3
Askin, Kelly D, The Quest for Post-Conflict Gender Justice, 41 COLUMBIA JOURNAL OF TRANSNATIONAL LAW, 509-521 (2003).

This article discusses the incontrovertible and overwhelming evidence of sexual violence in the majority of armed conflicts today. The article also notes however that women are increasingly playing a role in wartime violence. The author identifies that there is a real need to include women at all levels of peace-making and peace-building if a lasting peace and climate of reconciliation is to be achieved. In order to highlight this point, the author discusses Security Council Resolution 1325 (2000) that aims to increase women's participation in and access to conflict resolution and to establish remedial measures for those victimized by war and criminal activity. The author also reviews the two ensuing UN reports and their recommendations. Finally, the article addresses the culture of impunity that has accompanied sexual violence and the role the ad hoc tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) have played in helping redress this deficiency along with the projected role of the newly established International Criminal Court (ICC). The article concludes that without more progress and the participation of women in the post-conflict period, difficulties will remain in achieving "gender justice".

4
Askin, Kelly D, Prosecuting Wartime Rape and other Gender-Related Crimes under International Law: Extraordinary Advances, Enduring Obstacles, 21 BERKELEY JOURNAL OF INTERNATIONAL LAW (2003) 288-349.

This article formed part of the 2002 Stefan A. Riesenfeld Symposium on Crimes against Women under International Law. The article provides an overview of the development of the pursuit of accountability for gender-based crimes. First, the article shows how international law has largely failed to take account of crimes perpetrated against women and girls (Part I). Part II discusses recent efforts to prosecute gender-related crimes before international criminal tribunals, and Part III turns to an assessment of five of the key gender cases prosecuted at the International Criminal Tribunals for the Former Yugoslavia and Rwanda (ICTY and ICTR). Finally, in Part IV the author discusses how the explosive development of gender-related crimes in international law and their successful prosecution speaks to the emerging recognition of sexual violence as a jus cogens norm. [Descriptors: Armed Conflict, International]

5
Askin, Kelly D, Sexual Violence in Decisions and Indictments of the Yugoslav and Rwandan Tribunals: Current Status, 93 AMERICAN JOURNAL OF INTERNATIONAL LAW 97-123 (1999).

This article is concerned with issues involving women and gender that are brought before the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). A large part of the article is devoted to analyzing several ICTY and ICTR trials and two Rule 61 decisions significant in the development of the prosecution of gender-based crimes. It also discusses several ICTY and ICTR indictments involving gender-based crimes in cases that have not yet been decided. Although progress has been made, the author of this article concludes by arguing that much work remains to be done with regard to deterring gender-based violence and ensuring that such crimes are properly tried and punished.

6
Aydelott, Danise, Mass Rape During War: Prosecuting Bosnian Rapists Under International Law, 7 EMORY INTERNATIONAL LAW REVIEW, 585-631 (1993).

The author reviews the history of mass rape during war and the international legal provisions that can be invoked to punish the perpetrators. Part I evaluates the historical acceptance of rape as a by-product of war. Part II discusses mass rape as a weapon of genocide in Bosnia. Part III evaluates existing methods of international law that can be used to punish the violators. Part IV describes the statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY) designed to prosecute Balkan criminals. Part V examines the reasons why the situation in Bosnia provides a particularly strong case for prosecuting rape as a war crime. Part VI concludes that existing substantive international law is sufficient to punish the perpetrators, and comments on the need to address procedural problems inherent in punishing rapists as war criminals, rather than pushing to have rape declared a "war crime". [Descriptors: Armed Conflict, International - Europe, International]

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7
Blum, Carolyn Patty, "Many Roads to Justice for Women: A Foreword to the Symposium Issue of the Berkeley Journal of International Law", 21 Berkeley Journal of International Law, 191 (2003).

This article is the foreword to a special edition of the Berkeley Journal of International Law publishing the proceedings of the 2002 Stefan A. Riesenfel Symposium on Crimes Against Women Under International Law. The author prefaces her comments with an account of her own experience in helping a Salvadorian refugee bring a suit against certain branches of the government of El Salvador for sexual crimes committed against her by members of that country's national guard. The author draws attention to ideas advanced at the Symposium that would extend issues of women's human rights into other types of law (international criminal, family, immigration and humanitarian, in particular). She then introduces the articles and speech included in the Symposium edition of the Journal. Topics covered include the prosecution of sexual crimes through the International Criminal Tribunals for the Former Yugoslavia and Rwanda (ICTFY/ICTR), the recognition and prosecution of sexual crimes against women during war as war crimes, forced division of families, rape and genocide, and the historical practice of the use of "comfort women" as the sexual slaves of soldiers and armies. [Descriptors: Armed Conflict, International]

8
Boon, Kristen, Rape and Forced Pregnancy Under the ICC Statute: Human Dignity, Autonomy, and Consent, 32 COLUMBIA HUMAN RIGHTS LAW REVIEW, 625-676 (2001).

This article discusses the impact on international criminal law of the International Criminal Court Statute's provisions on rape and forced pregnancy. The author notes that prior to the Statute, rape and forced pregnancy were considered crimes that violated honour; post-Statute, these crimes are framed in light of the harm done to the victim's bodily integrity and infringement of their agency. The author argues that "this structure signals a new paradigm for the international criminalization of sexual crimes - one based on broader principles of human dignity, autonomy, and consent". The author analyzes the Statute provisions and examines the debates surrounding the inclusion and definitions of rape and forced pregnancy. She ends with a discussion on the new legal framework for sexual crimes. [Descriptors: Armed Conflict, International]

9
Buss, Doris E, Prosecuting Mass Rape: Prosecutor v Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic, 10 FEMINIST LEGAL STUDIES 91-99 (2002)

This comment addresses the landmark decision of Prosecutor v Kunarac, Kovac and Vokovic issued by the International Criminal Tribunal for the former Yugoslavia (ICTY) and which established that the rape of Muslim women during the conflict in Bosnia-Herzegovina amounted to a crime against humanity under international law. The article provides an overview of the decision and explores the rationale behind including rape in the category of crimes against humanity. [Descriptors: Armed Conflict, International]

10
Buss, Doris E, Women at the Borders: Rape and Nationalism in International Law, 6(2) FEMINIST LEGAL STUDIES, 171-203 (1998).

While recognizing that the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) suggests that, unlike in previous wars, the rape of women in this conflict will be condemned and some violators prosecuted, the author argues that it fails to meaningfully challenge the gendered nature of humanitarian law in which violence against women will always remain secondary to the prevailing dictates of military necessity. The author asserts that humanitarian law - and its application by the ICTY - defines women in such a way that rape becomes accepted as a normal part of war and women remain marginal figures whose suffering is seen as regrettable but inevitable. By focusing on the ICTY, the author explores how the discourses of law, war and nationalism have constructed troubling and sometimes contradictory images of women and rape. [Descriptors: Armed Conflict, International]

11
Cain, Kenneth L, The Rape of Dinah: Human Rights, Civil War in Liberia, and Evil Triumphant, 21 HUMAN RIGHTS QUARTERLY, 265-307 (1999).

This article examines the human rights atrocities that took place during the Liberian civil war from 1990 to 1997. The article includes a section about systematic rape of women as a means of instilling terror in civilian populations. In addition to detailing human rights abuses, the author also examines the international attention that the situation attracted, how this compared with similar situations occurring in Yugoslavia, and how international institutions reacted to this tragedy. The author concludes with a question about the universalism of human rights given that the United Nations took no action on the war crimes in Liberia. [Descriptors: Armed Conflict, International - Africa]

12
Charlesworth, Hilary, Feminist Methods in International Law, 93 AMERICAN JOURNAL OF INTERNATIONAL LAW, 379-94 (1999).

This paper describes two feminist methods that can illuminate the study of international law. These methods are "searching for silences" or pointing to the ways that international law factors out the realities of women's lives and "world travelling," or seeking to respond to the many differences among women. The author then considers the questions that these two methods might raise in the particular context of accountability for human rights violations in internal armed conflict. She points out where international law has not adequately taken into account the experiences of different women in armed conflict and, how in some instances, a purely gender-based analysis can limit our understanding of womens' lives.

13
Chinkin, Christine, A Gendered Perspective to the International Use of Force, 12 AUSTRALIAN YEARBOOK OF INTERNATIONAL LAW, 279-93 (1992).

This article examines the interplay between the right to self-determination and the prohibition against the use of force in Article 2(4) of the United Nations Charter. The author uses the examples of Palestine and Afghanistan to explore the gendered implications of nationalist struggles and militarization. The author concludes that the continued subordination of women cannot be consistent with the goals of international peace and security, therefore gender issues must be considered in determining norms, sources and violations of international law. This gendered perspective poses a major challenge to the prevailing notions of authority and sovereignty in states.

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14
Chinkin, Christine, Rape and Sexual Abuse of Women in International Law, 5(3) EUROPEAN JOURNAL OF INTERNATIONAL LAW, 326 (1994).

This paper considers international legal responses to rape and other forms of sexual abuse committed against women during the course of an armed conflict. The author identifies the relevant substantive law as well as the possible international fora where enforcement might be pursued. She then asks whether international legal remedies offer an adequate response to rape. She concludes that the international system focuses too much on punishing the wrong-doer and not enough on compensating the victim. The author also stresses that it is essential that persons of all ranks be held accountable and that individuals from both sides of the conflict be brought to justice so that the process is not tainted by notions of "victor's justice". [Descriptors: Armed Conflict, International]

15
Chinkin, Christine, Symposium - The Yugoslav Crisis: New International Law Issues, Rape and Sexual Abuse of Women in International Law, 5 EUROPEAN JOURNAL OF INTERNATIONAL LAW, 326-41 (1994).

This paper considers the response of international law to rape and other forms of sexual abuse committed against women during the course of an armed conflict. The author identifies the relevant substantive law as well as the possible international foras where enforcement might be pursued. She then asks whether international legal remedies offer an adequate response to rape. She concludes that the international system focuses too much on punishing the wrong-doer and not enough on compensating the victim. The author also stresses that it is essential that individuals from both sides be brought to justice so that the process is not tainted by notions of "victor's justice" and that persons of all ranks be held accountable.

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16
Companaro, Jocelyn, Women, War, and International Law: The Historical Treatment of Gender-Based War Crimes, 89 GEORGETOWN LAW JOURNAL, 2557-2592, (2001).

This article provides a comprehensive overview of how the legal treatment of sexual violence has evolved. In spite of the broad range of gender-based war crimes and their pervasiveness during armed conflict, the author argues that these crimes have not received the legal attention they rightfully deserve in the latter half of the 20th century. The author argues that the failure to prosecute is irreprehensible because this failure not only adversely affects the individual woman, but also because the harm affects the society as a whole. Part I discusses the response of the WWII war crimes tribunals to sexual assault, with Part II exploring the post-WWII developments in addressing the needs of women. Part III turns to the treatment of sexual violence by the ad hoc criminal tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) and Part IV looks at how gender crimes are treated under the Statute of the newly established International Criminal Court (ICC). The article concludes that the foundations laid over the past fifty years provide hope that women's human rights may soon be protected and enjoyed, but only if the importance of treating sexual violence as a crime under international law is fully recognized. [Descriptors: Armed Conflict, International]

17
Copelon, Rhonda, Gender Crimes as War Crimes: Integrating Crimes against Women into International Criminal Law, 46 MCGILL LAW JOURNAL, 217-240, (2000).

The author argues that wartime sexual violence is now more visible as it is within the ambit of international criminal law under the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). The author also discusses how Statute of the International Criminal Court (ICC) has also had a significant impact on the treatment of sexual violence under international law by codifying sexual and gender crimes and bringing them within the jurisdiction of the ICC, along with procedural safeguards to ensure that female victims and witnesses are adequately protected. The author credits the NGO movement, and in particular the Women's Caucus for Gender Justice, for helping to achieve these significant developments in the pursuit of gender justice. [Descriptors: Armed Conflict, International]

18
Copelon, Rhonda, Surfacing Gender: Re-engraving Crimes Against Women in Humanitarian Law, 5 HASTINGS WOMEN'S LAW JOURNAL, 243-65 (1994).

This article examines the evolving legal status of rape and other forms of sexual violence such as forced prostitution and forced pregnancy in war. Part I addresses whether these gender crimes are fully recognized as war crimes under the Geneva Conventions, the cornerstone of what is called "humanitarian law" or the law governing the laws of war. This process requires an examination of whether rape is viewed as a grave breach of the Geneva Conventions and, whether within that framework, it is treated as a form of torture. Part II explores whether the customary international legal concept "crimes against humanity" does or should distinguish between "genocidal rape" and mass rape for other purposes. The conclusion suggests some connections between the recognition of rape in war and rape in peace time. [Descriptors: Armed Conflict, International]

19
De la Vega, Connie, Haley Nelson, Chelsea E., The Role of Women in Peacekeeping and Peacemaking: Devising Solutions to the Demand Side of Trafficking, 12 WILLIAM AND MARY JOURNAL OF WOMEN AND THE LAW, 437-465 (2006).

This article discusses the need for women's participation in peace processes in order to eliminate trafficking. It begins with an analysis of UN Security Council Resolution 1325. The authors discuss the disparate effect of armed conflict on women and children and the role that domestic and foreign militaries play in perpetuating trafficking in conflict situations. They also examine the maintenance of the trafficking industry in post-conflict times and the complicity of military and UN peacekeeping bodies. They argue that excluding women from peace processes sustains trafficking as peace accords and post-conflict laws grant immunity to those who traffick and sexually exploit women. They argue that it is therefore essential for women's participation in peace processes to address the gender crimes committed during war-time. They end by discussing how growing militarization of the world and the War on Terror have perpetuated trafficking beyond typical armed conflict situations. [Descriptors: Migration - Trafficking, International]

20
Dolgopol, Ustinia, A Feminist Appraisal of the Dayton Peace Accords, 19 ADELAIDE LAW REVIEW, 59-71 (1997).

This paper argues that the Dayton Peace Accords (the US brokered peace agreement concerning Bosnia and Herzegovina) should have addressed the reintegration of victims of gross violations of human rights, in particular acknowledging the need for services and funding to facilitate the process of recovery for victims of rape or other forms of sexual abuse. The author provides an overview of relevant provisions of the Dayton Peace Accords and considers whether these mechanisms are a sufficient response to the violations of women's human rights in the territory which now comprises the Republic of Bosnia-Herzegovina. She further suggests that certain obligations should have been undertaken by the new government.

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21
Engle, Karen, Calling in the Troops: The Uneasy Relationship Among Women's Rights, Human Rights, and Humanitarian Intervention, 20 HARVARD HUMAN RIGHTS JOURNAL, 189-226 (2007).

This article provides an in-depth analysis of the use of military humanitarian intervention in response to human rights abuses. The author traces the development of academic discourse, as published in the Harvard Human Rights Journal, regarding women's rights and humanitarian intervention. She then explores the trend of acceptance and justification in using intervention to tackle human rights violations and examines the international law surrounding its use. The debates of the 1990s on whether rape should be classified as genocide in Bosnia and Herzegovina are analyzed in light of the current trend of intervention. The article uses this analysis as a backdrop to discuss the current situation in Darfur. Finally, the author argues that the current trend of increased intervention should be re-examined, considering its potential consequences on both those involved in and affected by the intervention, and contemplating normative considerations in international law and policy.

Karen Engle, "Calling in the Troops": The Uneasy Relationship Among Women's Rights, Human Rights, and Humanitarian Intervention (2007) 20 Harv Hum Rts J 189.

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22
Fisher, Siobhan K, Occupation of the Womb: Forced Impregnation as Genocide, 46 DUKE LAW JOURNAL, 91-133 (1996).

This article addresses the allegations of widespread forced impregnation in the conflict in the former Yugoslavia. Part I asserts that forced impregnation is a crime that falls under international humanitarian law as a war crime and a crime against humanity, discussing how war crimes and crimes against humanity differ from the crime of genocide. Part II addresses the evidence of widespread rape in the former Yugoslavia and how the nature of those acts indicates a policy of forced impregnation. Part III places this evidence of a forced impregnation policy within the ethnic context of the former Yugoslavia. Finally, Part IV argues that the Serb policy of forced impregnation - if it is found to have existed - was genocide, and that the International Tribunal for the former Yugoslavia (ICTY) should prosecute such a policy as a crime of genocide. [Descriptors: Armed Conflict, International - Europe, International]

23
Fitzgerald, Kate, Problems of Prosecution and Adjudication of Rape and Other Sexual Assaults under International Law, 8 EUROPEAN JOURNAL OF INTERNATIONAL LAW, 638-63 (1997).

This article examines some of the problems inherent in the international prosecution and adjudication of rape and other sexual assaults comimited during armed conflict and how they are being addressed by the International Criminal Tribunal for the Former Yugoslavia (ICTY). By examining four broad areas - limits on evidence able to be led in cases of sexual assault, protection for victims and witnesses, collection of evidence and judicial education - the author argues that a progressive legislative framework is not necessarily sufficient to ensure the successful international prosecution and adjudication of rape and other sexual assaults.

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24
Gardam, Judith, Jarvis, Michelle J., Women and Armed Conflict: The International Response to the Beijing Platform for Action, 32 COLUMBIA HUMAN RIGHTS LAW REVIEW, 1-66 (2000)

This article calls for increased recognition of the problems facing women in armed conflict. Although the issue of violence against women has gained significant coverage, the authors argue other issues specific to armed conflict and women, like access to health services and problems of dislocation, remain underreported. The authors focus on the responses of the U.N., its agencies, and the International Committee of the Red Cross to this issue following the United Nations Fourth World Conference on Women, 1995. The authors contend that despite resolutions and expressions of concern in various fora, very little in real terms has been achieved. The authors discuss the need for some form of international legal instrument as an essential component of any strategy designed to address the effects of armed conflict on women.

25
Gardam, Judith G, A Feminist Analysis of Certain Aspects of International Humanitarian Law, 12 AUSTLRALIAN YEARBOOK OF INTERNATIONAL LAW, 265-78 (1992).

This article explores the underlying assumptions on which the rules of armed conflict are based, exposing the myth of gender neutrality. It reviews the changes brought about by the recognition of the legal right of self-determination. The author suggests that recognizing the absence of women's voices in decision-making regarding the use of force and acknowledging the price women pay during armed conflicts could serve as starting points for developing an approach where true humanitarian considerations prevail. This would further expose that military necessity is an aspect of the male state which oppresses and victimizes women.

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26
Gardam, Judith G, Charlesworth, Hilary, Protection of Women in Armed Conflict, 22 HUMAN RIGHTS QUARTERLY, 148-166 (2000).

The authors argue that there is evidence that women experience armed conflict in a different way than men, and that armed conflict can exacerbate existing inequalities. They assert that international humanitarian law, intended to protect victims of armed conflict, also operates in a discriminatory fashion towards women. The authors examine these two phenomena and suggest possible ways to mainstreaming gender perspectives into international humanitariam law. [Descriptors: Armed Conflict, International]

27
Goldstone, Richard J., Dehon, Estelle A., Engendering Accountability: Gender Crimes Under International Criminal Law, 19 New England Journal on Public Policy 121- 145 (2003)

This article examines the successes and shortcomings of the legal developments in the prosecution of gender crimes by the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). The article emphasizes advances in both procedural and substantive law, including developments in the definition of rape and the prosecution of gender crimes as crimes against humanity, war crimes, grave breaches of the Geneva Conventions, and genocide. The authors also consider how these developments have been incorporated into the Rome Statute for the International Criminal Court (ICC). The authors argue that the institutions responsible for developing international criminal law in this area must assess and increase the deterrent effect of prosecutions and find ways to change the attitudes that lead to gender violence in war.

28
Green, Jennifer, Copelon, Rhonda, Cotter, Patrick, Affecting the Rules for the Prosecution of Rape and Other Gender-Based Violence Before the International Criminal Tribunal for the Former Yugoslavia: A Feminist Proposal and Critique, 5 HASTINGS WOMEN'S LAW JOURNAL, 171-241 (1994).

This article is a proposal submitted to the judges of the International Criminal Tribunal for the former Yugoslavia (ICTY) for the purpose of influencing the rules adopted by the Tribunal for the prosecution of rape and other sex crimes. The proposal advocates rules to enhance the chances that the first international prosecution of rape under the jurisdiction of the ICTY will be effective, tolerable, and just for survivors without sacrificing the legitimate rights of the accused. The proposal is prefaced by a brief history of the international efforts by women's groups and their supporters to ensure that the ICTY addresses crimes of gender, thus exemplifying ways in which women can affect and make international law. In order to assist the reader, the preface also sketches the ICTY's structure. An afterword notes how ICTY judges have incorporated concerns about sex crimes and victims and witnesses. Two appendices set forth the adopted rules relevant to the prosecution of sex crimes, and provide the text of earlier recommendations made during the creation of the ICTY. [Descriptors: Armed Conflict, International]

29
Heathcote, Gina, Naming and Shaming: Human Rights Accountability in Security Council Resolution 1960 (2010) on Women, Peace and Security, 4(1) JOURNAL OF HUMAN RIGHTS PRACTICE, 82-105 (2012).

UNSCR 1325 (2000) represented the first time women, peace and security were addressed as a component of the Security Council agenda. UNSCR 1960 (2010) was one of four resolutions intended to supplement UNSCR 1325, and contained a naming and shaming process, which at the time appeared to be a positive development in increasing accountability under UNSCR 1325. This article provides an explanation of the terminology and context of UNSCR 1960, followed by a critical analysis of the naming and shaming process found in operative paragraph 3. The article argues that the lack of accuracy checks to avoid erroneous listings may result in non-state actors, including members and leaders of armed groups, choosing to distance themselves from the peace process. The article concludes that the naming and shaming process may undermine the effectiveness of UNSCR 1325, as it fails to recognize the necessity of the participation of armed groups in securing long-term peace within a region.

Gina Heathcote, Naming and Shaming: Human Rights Accountability in Security Council Resolution 1960 (2010) on Women, Peace and Security (2012) 4:1 J Hum Rts Prac 82.

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30
Hoefgen, Anne M, "There Will be no Justice unless Women are part of that justice": Rape in Bosnia, the ICTY and "Gender Sensitive" Prosecution, (1999) 14 Wisconsin Women's Law Journal

This comment discusses rape in Bosnia and the response of the International Criminal Tribunal for the Former Yugoslavia (ICTY). It explores the impact of the new "gender consciousness" on the personnel, structure and procedure of rape prosecution and assesses women's place in international humanitarian law. After a brief overview of the conflict in the region (Section I), the comment turns to an analysis of the information available on the systematic mass rapes perpetrated by Bosnian Serbs against Bosnian Muslims (Section II). Section III discusses the development of a gender sensitive approach towards victims of sexual assault, with Section IV focusing particularly on the prosecution of Dragoljub Kunarac for the "Foca Rapes". Finally, Section V assesses the contribution of the ICTY's rape prosecutions to international law and women's rights.

31
Jenkins Vanderweert, Susan, Seeking Justice for "Comfort" Women: Without an International Criminal Court, Suits Brought By World War II Sex Slaves of the Japanese Army May Find Their Best Hope of Success in U.S. Federal Courts, 27 NORTH CAROLINA JOURNAL OF INTERNTIONAL LAW AND COMMERCIAL REGULATION 141-183 (2001)

This comment provides a general background to the Japanese military's sex slave system of World War II. Part II discusses the comfort women ("Inafu") system of the Second World War, the paucity of legal cases for redress until the 1990s, and the responses of the Japanese government and the international community. Next, the comment provides an overview of the legal efforts on behalf of the military sexual slaves to seek redress in Japanese, U.S., and international fora. The impact of the decisions of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and Rwanda (ICTR) on wartime rape as a violation of international law and the effect of the creation of the International Criminal Court (ICC) are also discussed. The comment concludes that American courts presently provide the only forum capable of providing justice to these disregarded victims of World War II. [Descriptors: Armed Conflict, International - Asia, International]

32
Karkera, Tina R, The International Criminal Court's Protection of Women: The Hands of Justice at Work, 12 AMERICAN UNIVERSITY JOURNAL OF GENDER, SOCIAL POLICY AND THE LAW (2004) 197-231.

This article discusses the treatment of gender-based violence under the Rome Statute of the International Criminal Court (ICC) and the degree to which it protects female victims of sexually-motivated crimes. Part II discusses the ICC Statute and the protection it offers women. Part III applies the provisions of the ICC Statute to the situations in the Democratic Republic of the Congo (DRC) and Kosovo. The article concludes (Part IV) that the accomplishments of the ICC are significant, and that the specificity with which the Rome Statute was written awards the ICC jurisdiction over the gender-based crimes occurring in DRC and Kosovo. The author therefore recommends that the ICC prosecute and demand immediate indictments of perpetrators in DRC and Kosovo.

33
Kuan, Steve, Alien Tort Claims Act - Classifying Peacetime Rape as an International Human Rights Violation, 22(3) HOUSTON JOURNAL OF INTERNATIONAL LAW, 451 (2000).

This article advocates that peacetime rape committed by a private actor should be viewed as a violation of international human rights. Furthermore, the victims should be able to bring actions in the U.S. federal courts under the Alien Tort Claims Act (ATCA). Part II examines the history of rape in armed conflict and wartime, focusing on the recognition of rape as a war crime. Part III discusses current international human rights violations and argues that rape should be included in this list. Part IV provides an account of the rapes that occurred during the Indonesian riots of 1997. Part V of the paper discusses the justiciability of the Indonesian riots in the U.S. courts under the ATCA. Finally, Part VI concludes that the United States should recognize peacetime rape by private actors and allow the victim recourse under the ATCA.

34
Lehr-Lehnardt, Rana, One Small Step for Women: Female-Friendly Provisions in the Rome Statute of the International Criminal Court, 16 BRIGHAM YOUNG UNIVERSITY JOURNAL OF PUBLIC LAW, 317-340 (2002).

This article discusses the contribution of nongovernmental organizations to the process of lobbying for the inclusion of gender friendly provisions in the Rome Statute of the International Criminal Court (ICC). The article asserts that although recognition of the role that gender plays in conflicts is a necessary step towards equality in the international judicial system, there is still much to do to protect women against violence, especially wartime rape. The article briefly discusses the history of rape as a war crime and a crime against humanity. It then considers the role of cases in the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) in influencing the creation of international jurisprudence of sex crimes. Lastly, the gender friendly provisions of the ICC statute are dissected and the shortcomings discussed. [Descriptors: Armed Conflict, International]

35
Ling, Cheah Wui, Walking the Long Road in Solidarity and Hope: A Case Study of the Comfort Women Movement's Deployment of Human Rights Discourse, 22(1) HARVARD HUMAN RIGHTS JOURNAL, 63-107 (2008).

The article discusses the global human rights movement of comfort women, who suffered serious abuses by the Japan during WWII. The movement demands that Japan publically apologize and provide reparation for the acts committed. The article discusses the human rights strategy used by the movement to advance its claims and focuses on how this strategy can serve as a lesson to other similarly situated groups. The author compares the people-centric paradigm of post-conflict justice put forth by the movement with the state-centric paradigm employed by Japan. The first part of the article focuses on the early strategies of the movement, and analyzes the Hwang v Japan decisions to dissect the litigation efforts put forth and the challenges faced. The second part discusses the impacts of the more recent human rights strategies employed which go beyond litigation, including the 2000 Womens Tribunal mock trial. Finally, the paper examines the transnational legislative campaigns brought forward by the movement in 2007 and 2008, and conducts a case study of the U.S. House Resolution 121. The author also discusses the impact of pursuing routes that go beyond litigation and how they further the movement.

Cheah Wui Ling, Walking the Long Road in Solidarity and Hope: A Case Study of the "Comfort Women" Movement's Deployment of Human Rights Discourse (2008) 22:1 Harv Hum Rts J 63.

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36
McHenry, James, The Prosecution of Rape under International Law: Justice that is Long Overdue, 35 VANDERBILT JOURNAL OF TRANSNATIONAL LAW (2002) 1269-1311.

This articles situates the prosecution of rape and sexual enslavement as crimes against humanity by the International Criminal Tribunal for the former Yugoslavia (ICTY) as part of a larger, emerging picture of international legal jurisprudence. The author notes that the ICTY built upon its own decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), broadened international protections of civilians in conflict, and codified women as legally equal to men. The author concludes that the ICTY established the foundation for the prosecution of crimes against humanity by other courts. [Descriptors: Armed Conflict, International]

37
McHenry, James, Justice for Foca: The International Criminal Tribunal For Yugoslavia's Prosecution of Rape and Enslavement as Crimes against Humanity, 10 TULSA JOURNAL OF COMPARATIVE AND INTERNATIONAL LAW (2002) 1269-1311.

This article addresses the judicial response to the gang-rape and sexual enslavement of Bosnian-Muslim women by Bosnian-Serb solidiers during the Yugoslav conflict. These crimes are identified by the author as being epitomized by the atrocities committed in the small Bosnia-Herzegovinan town of Foca. The article commences with a discussion of the development of international law regarding crimes against humanity (Part I) before turning to the 2001 decision of the International Criminal Tribunal for Yugoslavia (ICTY) "Prosecutor v. Kunarac" (Parts II-V). The author identifies the important precedent this decision established for gender-based crimes. However, he also identifies and discusses the controversy this decision raised. In response, the author offers reasons to support the expansion of the definition of crimes against humanity to include sexual slavery and rape, concluding that the impact of Kunarac promises to be historic from a legal, moral and humane perspective.

38
Mitchell, David S., The Prohibition of Rape in International Humanitarian Law as a Norm of Jus Cogens: Clarifying the Doctrine, 15 DUKE JOURNAL OF COMPARATIVE AND INTERNATIONAL LAW, 219-258 (2005).

The author argues that the prohibition of rape in international humanitarian law has become a fundamental norm of jus cogens. He begins by providing an overview of the defining elements of a rule of jus cogens. The author then attempts to clarify the legal status of rape under international humanitarian law as he argues that state law and practice, international conventions, and international and regional judicial decisions indicate the existence of a jus cogens norm prohibiting rape and sexual violence. He concludes that the next step is state recognition of this standard in legal language as well as practice. [Descriptors: Armed Conflict, International]

39
Nebesar, Darren Anne, Gender-Based Violence as a Weapon of War, 4(2) UNIVERSITY OF CALIFORNIA AT DAVIS LAW REVIEW, 147-80 (1998).

This article focuses on rape as a concrete war strategy used for the purpose of annihilating an entire group of peoples. This article begins with a discussion of the historical background of rape in wartime (Section I). The article then turns to rape as a weapon of war in the former Yugoslavia (Section II). Section III discusses forced pregnancy and forced maternity as illustrative of the particular nature of rape in the Balkan conflict. Section IV explores the aftermath of rape for women survivors and specifically its cultural and familial ramifications. This section also discusses forced prostitution and prostitution as a result of rape in war. Section V explores the role pornography may have played in creating and exacerbating this scenario. Section VI addresses whether international legal mechanisms can provide effective remedies. Section VII discusses the definition of this war as either international or internal and the ramifications of each. Finally, rape in during armed conflict is compared and contrasted to rape that takes place during peace time. [Descriptors: Armed Conflict, International - Europe]

40
Nowrojee, Binaifer, Making the Invisible War Crime Visible: Post-Conflict Justice for Sierra Leone's Rape Victims, 18 HARVARD HUMAN RIGHTS JOURNAL 85-105 (2005)

This article addresses the oft-neglected efforts of the Special Court for Sierra Leone (SCSL) and the Sierra Leonean Truth and Reconciliaton Commission (TRC) to address - and redress - the wartime sexual violence that was routinely directed at women and girls during the civil war. The article identifies that the SCSL and the TRC have both sought to fulfill their mandate with regard to crimes against women, utilising gender-sensitive strategies to ensure the safety and dignity of female rape victims. The author asserts that despite these efforts, gender justice remains the exception rather than the rule in most post-conflict societies. She argues that in addition to the contributions the SCSL and the TRC have made to achieving justice for women, the two institutions have also exposed crucial questions and have established important precedents and procedures for other future post-conflict resolution mechanisms. [Descriptors: Armed Conflict, International - Africa]

41
Oosterveld, Valerie, L, Sexual Slavery and the International Criminal Court: Advancing International Law, 25 MICHIGAN JOURNAL OF INTERNATIONAL LAW, 605-651, (2004).

This article discusses the process by which the crime of sexual slavery was included in the Statute of the International Criminal Court (ICC) through the inclusion of the crime in the Court's "Elements of Crime" document. The author begins in Part I by discussing the ICC negotiation process and the crime of sexual slavery, contrasting this to the treatment of sexual slavery by the Special Court for Sierra Leone. In Part II the author addresses the negotiation process of the ICC's Elements of Crimes and offers a critique. Finally, in Part III the author turns the International Criminal Tribunal for the Former Yugoslavia's (ICTY) approach to sexual slavery and compares this to the approach of the ICC. The author concludes by arguing for the advancement of international law through recognition of individual autonomy and agency, a process that has been set in motion through the recognition of the crime of sexual slavery by the ICC and Special Court for Sierra Leone. [Descriptors: Armed Conflict, International]

42
Oosterveld, Valerie, L, The Definition of "Gender" in the Rome Statute of the International Criminal Court: A Step Forward or Back for International Criminal Justice?, 18 HARVARD HUMAN RIGHTS JOURNAL 55-84 (2005)

This article discusses how the term "gender" came to be incorporated in the final text of the Rome Statute of the International Criminal Court (ICC). "Gender" is identified as a troublesome term, subject to some of the most difficult and contentious negotiations at the Rome Conference. Discussion of the negotiation process - in which the author took an active role - forms the basis for Part I of this article. Part II looks to the various definitions of gender used by the United Nations in the areas of refugee law and human rights. Part III critically analyses the Rome Statute's definition of "gender" from the perspective of the "sex vs. gender" debate, the social construction of the term, the possibility that the Statute's definition could exclude sexual orientation from its ambit, and the decision to single out gender for definition in the context of crimes against humanity. The author concludes in Part IV by defending the definition of gender adopted in the text, arguing that this definition will ultimately help rather than hinder the work of the ICC in addition to advancing the understanding of gender more generally under international law. [Descriptors: Armed Conflict, International]

43
Pratt, Kathleen M, Fletcher, Laurel E, Time for Justice: The Case for International Prosecutions of Rape and Gender-Based Violence in the Former Yugoslavia, 9 BERKELEY WOMEN'S LAW JOURNAL, 77-102 (1994).

This article begins with a brief overview of the historical invisibility of rape and other gender-based violence in international humanitarian and human rights discourse. It also describes the factual basis for prosecutions of rape and other forms of gender-based violence in the context of the former Yugoslavia. Finally, the authors examine the relevant provisions of the Statute of the International Criminal Tribunal for the former Yugoslavia (ICTY) which, under conventional and customary international law, provides the tribunal with jurisdiction to prosecute rape and other forms of gender-based violence as international crimes. This section reviews the rape and other forms of gender-based violence captured by each substantive crime defined in the Statute and explains why gender-specific offenses must be recognized and prosecuted under all of these relevant provisions.

44
Pruitt, Lesley, Looking Back, Moving Forward: International Approaches to Addressing Conflict-Related Sexual Violence, 33(4) JOURNAL OF WOMEN, POLITICS AND POLICY, 299-321 (2012)

This article addresses the importance of ending impunity for perpetrators of conflict-related sexual and gender-based violence. The author notes that, while members of the international community have recognized the need to address the climate of impunity, little progress has resulted from their commitment to addressing conflict-related sexual violence. Part I of the article provides a background on conflict-related sexual and gender-based violence. Part II outlines the importance of addressing impunity in building peace and putting an end to sexual and gender-based violence during conflict. Part III provides a history of mechanisms adopted by the international community aimed at addressing conflict related sexual and gender-based violence. In Part IV, the author sets out a proposal for addressing the problem of impunity, which involves the creation of a UN sponsored Womens Police Service, which would increase the resources available for peace operations and incorporate women as equal partners in the process.

Lesley Pruitt, Looking Back, Moving Forward: International Approaches to Addressing Conflict-Related Sexual Violence (2012) 33:4 J Wom Pol & Poly 299.

45
Ray, Amy E, The Shame of It: Gender-Based Terrorism in the Former Yugoslavia and the Failure of International Human Rights Law to Comprehend the Injuries, 46 AMERICAN UNIVERSITY LAW REVIEW, 793-840, (1997).

The author of this article argues that the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) is limited by the fact that international law fails to fully comprehend the gender-specific nature of rape, thus preserving the patriarchal structure of international law. Beyond rape, the author catalogues many other gender-based crimes including prostitution, forced pregnancy, as well as spousal and familial abuse that took place before, during and after the war. The author argues that the historically subordinate position of Balkan women ensured that "sexual terrorism" was an effective strategy of war and continues to terrorize its survivors. She concludes that we must acknowledge that women are sexually terrorized each day in every country of the world and that only by holding individuals and states responsible can international human rights law comprehend the injuries inflicted upon women and protect them. [Descriptors: Armed Conflict, International]

46
Reynolds, Sarnata, Deterring and Preventing Rape and Sexual Slavery During Periods of Armed Conflict, 16 LAW AND INEQUALITY (1998) 601-632.

This article identifies the growing recognition that rape and sexual slavery are used as ways of waging war against civilians. The author focuses on and proposes ways to curb, and ultimately eliminate, the use of rape and sexual slavery during periods of armed conflict. The authors argues that identifying why sexual violence remains a frequent occurrence in war would build a nexus with peacetime sexual violence to increase awareness of how to confront the attitudes and images that perpetuate violence against women. The author also asserts that education and training is needed to transform the military to reflect human rights standards. The article concludes that incidences of sexual violence during armed conflict will only decrease if we adopt a multilateral and multifaceted commitment to people and programs that will effectively combat it. [Descriptors: Armed Conflict, International]

47
Russell-Brown, Sherie L, Rape as an Act of Genocide, BERKELEY JOURNAL OF INTERNATIONAL LAW, 350-374 (2003)

This article discusses the use of rape as part of an official policy of war designed to eliminate in whole or in part a particular group: namely, rape as a tool of genocide. Part II outlines the status of rape as a crime under international humanitarian law, focusing on the Geneva Conventions, violations of the laws and customs of war and crimes against humanity. Part III focuses directly on the 1951 Genocide Convention and rape as an act of genocide. Part IV outlines the persistent debates surrounding genocidal rape. Part V discusses the genocidal campaign in Rwanda, the International Criminal Tribunal for Rwanda (ICTR). Finally, Part VI explores in greater depth the contribution of the ICTR's Akayesu judgment to clarifying the debate over the status of genocidal rape. [Descriptors: Armed Conflict, International - Africa, International]

48
Sackellares, Stephanie N., From Bosnia to Sudan: Sexual Violence in Modern Armed Conflict, 20 WISCONSIN WOMEN'S LAW JOURNAL 137-165 (2005).

This article deals with the prosecution of rape under international law. The author begins by offering an overview of motivations for the rape of women in armed conflict and then goes on to trace the treatment of mass rape as genocide in treaties and conventions such as the Rome Statute of the International Criminal Court, highlighting the use of this treatment in case law at international tribunals and the International Criminal Court (ICC). Finally, the author points to sexual violence against women in the Sudan and sets out a path to prosecute such crimes under international law through enforcing the existing provisions. [Descriptors: Armed Conflict, International - Africa, International]

49
Satra Kalra, Monika, Forced Marriage: Rwanda's Secret Revealed, 7 U.C. DAVIS JOURNAL OF INTERNATIONAL LAW AND POLICY (2001) 197-221.

The author of this article argues that the Office of the Prosecutor (OTP) of the International Criminal Tribunal for Rwanda (ICTR) should charge forced marriage as a crime of sexual violence. Part I explores sexual violence during the 1994 Rwandan genocide and the phenomenon of forced marriage. Part II addresses the importance of charging perpetrators with the crime of forced marriage and the role the OTP has in ensuring justice is done. Finally, Part III discusses the legal framework for prosecuting forced marriage under the ICTR Statute. Finally, Part IV offers recommendations for trying and investigating the crime. [Descriptors: Armed Conflict, International - Africa]

50
Splittgerber, Scott, The Need for Greater Regional Protection For Human Rights of Women: The Cases of Rape in Bosnia and Guatemala, 15 WISCONSIN INTERNATIONAL LAW JOURNAL, 185-227 (1996).

In this article, the author argues that the systematic rape of women in Bosnia and Guatamala illustrates the inability of international legal mechanisms to consider the perspectives of women in the enforcement of international law. This failure of formal international legal sources to prevent the atrocities which have been committed against women throughout the 20th century highlights, in the author's opinion, the need to implement specific protection for civilian women. The author maintains that existing regional organizations and economic associations provide ready-made institutional means for implementing policies and moblizing domestic, regional and international resources in order to change public attitudes and effectively provide protection. Further, human rights of women can be entrenched and legal obligations reinforced through regional treaties that promote economic integration. [Descriptors: Armed Conflict, International - Europe, International - Latin America]

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51
Stephens, Beth, Humanitarian Law and Gender Violence: An End to Centuries of Neglect?, 3 HOFSTRA LAW & POLICY SYMPOSIUM, 87-109, (1999).

The author of this article argues that the application of international humanitarian law to address accusations of rape and other acts of violence against women remains somewhat shaky and subject to backsliding. Part I outlines the historical context of rape in war. Part II shows how gender violence has gradually been recharacterized under national and international law in recent years. Part III discusses the legal structure of humanitarian law. Finally, Part IV turns to the application of these international norms by the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), with Part V addressing the International Criminal Court. The author concludes that the ultimate success in holding individuals accountable for gendered human rights violations depends on the ability of the ICTY and ICTR to detain defendants and bring them to trial, the efficacity of the resulting prosecutions, and the tribunals' records in respecting and protecting survivors and witnesses. [Descriptors: Armed Conflict, International]

52
Thomas, Dorothy Q, Ralph, Regan E, Rape in War: Challenging the Tradition of Impunity, SAIS REVIEW, 81-99 (1994).

Reports of rape in the former Yugoslavia have highlighted the abusive nature of wartime rape and the persistent misunderstandings regarding its prevalence, function and motivation in war. Efforts to prosecute rape effectively by the International Criminal Tribunal for the former Yugoslavia (ICTY), established to try war crimes in the territory have also revealed the difficulties in applying existing international human rights and humanitarian law standards to rape. In order to overcome these difficulties and end the tradition of impunity for this abuse, rape in conflict must be understood as an abuse that targets women for political and strategic reasons. This article describes the prevalence of rape in situations of conflict, rape's function in war, why women are targeted, and how the rhetoric of rape has influenced and sustained a tradition of impunity.

53
Viseur Sellers, Patricia, International Crimes against Women - Sexual Violence and Peremptory Norms: The Legal Value of Rape, 34 CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW (2002) 287-303.

This lecture was delivered by the Legal Adviser for Gender Related Crimes and Trial Attorney, Office of the Prosecutor at the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR)at the Case Western Reserve University School of Law on March 2, 2002. The lecture addresses whether sexual violence is a peremptory norm under international law. It inquires just how high up the legal hierarchy rape has traveled, and more specifically, what the legal value that international law attaches to the act of rape is now considered to be.

54
Wachala, Kas, The tools to combat the war on womens bodies: rape and sexual violence against women in armed conflict, 16(3) THE INTERNATIONAL JOURNAL OF HUMAN RIGHTS, 533-553 (2012)

This article examines how international law regarding sexual violence and armed conflict has developed significantly since the 1990s. Rape and sexual violence was commonplace during conflict in the twentieth and twenty-first centuries and most recently has been used in Darfur, Sudan and in the Democratic Republic of Congo. Both the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia started momentum for the prosecution of sexual violence and rape in armed conflict. Over time, a number of tools have been developed that can be used to combat sexual violence against women in armed conflict, including humanitarian law, the Genocide Convention, laws condemning crimes against humanity, and customary international law. This article analyzes the effectiveness of the tools available and examines how they can be utilized in the future to prevent sexual violence during armed conflict.

Kas Wachala, "The tools to combat the war on womens bodies: rape and sexual violence against women in armed conflict" (2012) 16:3 Intl JHR 533.

55
Walker, William M, Making Rapists Pay: Lessons from the Bosnian Civil War, 12 ST. JOHN'S JOURNAL OF LEGAL COMMENTARY, 449-76 (1997).

This article discusses the longstanding practice of wartime rape. In particular, this article discusses the practice in relation to the work of the International Criminal Tribunal for the former Yugoslavia (ICTY). The article describes the way rape was used as a weapon in the Bosnian Civil War and outlines the United Nations response to this problem. The string of UN Security Council Resolutions beginning in 1992 eventually led to the establishment of the Tribunal in 1993. While the Tribunal is well equipped to prosecute rape as a war crime, it has had difficulties in achieving this end not because of the absence of international legal prohibitions, but because of the international community's tolerance of the practice. The ability of rapists to avoid punishment rests on their ability to intimidate witnesses and victims. Also, authorities have systematically failed to indict more suspects and make more arrests. Prosecution of these and other wartime crimes depend on the will of the international community for their effective implementation.

56
Wing, Adrien Katherine, Merchan, Sylke, Rape, Ethnicity and Culture: Spirit Injury from Bosnia to Black America, 25 COLUMBIA HUMAN RIGHTS LAW REVIEW, 1-48 (1993).

The author argues in this article that the combination of physical and psychological effects of rape inflicts a "spirit injury" on the victim. While criminal or tort law may partially compensate some rape victims for the physical assault, the author contends that the law has never addressed the spirit injuries to the victims or their culture. This article examines the situation of Bosnian Muslims by developing a model of the symptoms of spirit injury drawn from the experience of Black Americans during and after slavery. Part II focuses on the Bosnian conflict, beginning with a review of the history of the conflict and proceeding with an analysis of the systematic rapes as a violation of international law under the Geneva and Genocide Conventions. This section considers the effects of the rapes on the Muslim culture. Part III focuses on slavery and forced miscegenation experienced by Black Americans and compares the symptoms of spirit injury in Black American culture to the symptoms identified in the Bosnian Muslim situation. Part IV postulates possible solutions in terms of multilevel legal and psychological approaches, both on the international and domestic level.

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