Sexual offenses in armed conflict & international law / / Noëlle N.R. Quénivet.
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 abo...
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Superior document: | International and Comparative Criminal Law Series ; 19 |
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VerfasserIn: | |
Place / Publishing House: | Ardsley, New York : : Transnational Publishers,, [2005] ©2005 |
Year of Publication: | 2005 |
Language: | English |
Series: | International and Comparative Criminal Law Series ;
19. |
Physical Description: | 1 online resource. |
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Table of Contents:
- TABLE OF CONTENTS
- Preface / Acknowledgments / Introduction
- Chapter 1. Defining Sexual Offenses: Acts and Consent
- 1.1. Describing the Technicality of the Act
- 1.1.1. Legal Definitions
- 1.1.1.1. Brief review of national definitions
- 1.1.1.2. International definitions: two definitions of rape
- looking at the technical description of the act
- 1.1.2. Feminist Critique Regarding These Definitions
- 1.1.2.1. A broad definition? Still centred on penetration
- 1.1.2.2. Gender-neutrality
- 1.2. The Lack of Consent
- 1.2.1. The Lack of Consent in National Law
- 1.2.1.1. A subjective/objective point of view
- 1.2.1.2. Brief overview of the definition of the word
- 'consent' in domestic jurisdictions
- 1.2.2. The Lack of Consent: International Law
- 1.2.2.1. Rule 96 of the ICTY
- 1.2.2.2. The jurisprudence of the ICTY
- Chapter 2. Rape and Other Forms of Sexual Offenses
- as Torture and Other Forms of Ill-Treatment
- 2.1. Rape and Other Sexual Offenses as Violations of
- One's Physical Integrity
- 2.1.1. Reaching the Threshold
- 2.1.2. Distinction Between the Different Types of Ill-
- Treatment
- 2.2. Sexual Offenses as Torture
- 2.2.1. The Prohibition of Sexual Offenses as Torture
- 2.2.2. The 'Public Official' Element
- 2.2.3. The Purpose of Torture and the Function of Sexual
- Offenses
- 2.2.3.1. The extraction of information or confession
- 2.2.3.2. The punishment for an act the person has
- committed or is suspected to have committed
- 2.2.3.3. The intimidation of the person or of another
- 2.2.3.4. Discrimination of any kind
- 2.2.4. Torture and State Responsibility
- 2.2.4.1. State responsibility for acts committed by State
- agents
- 2.2.4.2. State responsibility for acts committed by non-
- State agents
- 2.3. Violations of One's Physical Integrity, Individual Liability
- and Sexual Offenses
- 2.3.1. The Protection of One's Physical Integrity Under
- International Humanitarian Law
- 2.3.2. The Irrelevance of the Public/Private Divide in
- International Criminal Law
- 2.4. General Criticism
- Chapter 3. Sexual Offenses as Violations of
- International Humanitarian Law
- 3.1. A Crime That has Never Been Prosecuted
- 3.2. A Crime That is Not a Crime
- 3.2.1. Confusing the Notions of 'Prohibition' and of
- 'Protection'
- 3.2.2. Confusing the Notions of 'Grave Breach', 'War Crime'
- and Violations of International Humanitarian Law
- 3.2.3. Other Provisions Relevant for the Prosecution of
- Sexual Offenses
- 3.3. The Power of the Prosecution of Sexual Offenses in
- Times of Armed Conflict
- Chapter 4. Sexual Offenses as Crimes Against Humanity
- 4.1. Women as Civilians
- 4.2. The Persecutory/Discriminatory Element of Crimes
- Against Humanity
- 4.2.1. The Definition of 'Persecution'/'Discrimination'
- 4.2.2. Ethnicity as the Discrimination Ground and not
- Gender
- 4.2.3. The Link Between Ethnicity and Gender
- 4.3. The 'Widespread and Systematic' Element of the Crime
- 4.3.1. Crimes Against Humanity as Mass Crimes
- 4.3.2. The Policy Behind These Rapes
- Chapter 5. Sexual Offenses as Acts of Genocide
- 5.1. Genocide and Ethnic Cleansing
- 5.1.1. The Relation Between Genocide and Ethnic
- Cleansing
- 5.1.2. Sexual Offenses as Ethnic Cleansing
- 5.1.2.1. Sexual offenses as a means to terrorise the
- population
- 5.1.2.2. Sexual offenses as a means to humiliate the
- community
- 5.2. Sexual Offenses as Acts of Genocide
- 5.2.1. Preliminary Remarks on the Discourse of Genocide
- 5.2.1.1. International and national public order
- 5.2.1.2. Raped women versus the individual raped
- woman
- 5.2.2. 'Gendercide' and 'Genocidal Rape'
- 5.2.2.1. Gendercide
- 5.2.2.2. Genocidal rape
- 5.2.3. Sexual Offenses as Acts of Genocide
- 5.2.3.1. Actus reus
- 5.2.3.2. The intent
- Conclusion
- Bibliography
- Index.