Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR

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Intersentia nv, 2005 - Всего страниц: 570
The 1996 report of the United Nations Special Rapporteur on Rwanda stated that during the 1994 genocide in Rwanda rape was the rule and its absence the exception. Indeed, rape and other forms of sexual violence as constituting genocide, crimes against humanity or war crimes, directed in particular against women, have taken place on a massive scale since time immemorial and are still rampant.
 

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Terminology
24
Method and structure 6 Scope and limitations
34
Sexual Violence as Genocide
41
The genocidal acts
48
The elements common to genocide
60
Final remarks
79
Sexual Violence as a Crime against Humanity
85
Torture
95
Victim participation at the ICC
301
Final remarks
308
SEXUAL VIOLENCE AND THE LEGAL CONSEQUENCES OF
315
The sentencing practice for sexual violence
330
Sentencing determinants
345
Cumulative charges and convictions
375
Reparation to Victims of Sexual Violence
383
The ICTY and the ICTR
394

Specific sexual violence crimes
102
Persecution on the ground of gender
152
Other inhumane acts of a similar character
162
Superior responsibility for sexual violence as a crime against humanity
168
Sexual Violence as a War Crime
175
health
196
War crimes in noninternational armed conflict
202
pregnancy as defined in Article 72f enforced sterilisation
216
Evaluation of Part I
225
Protective and Special Measures for Victims of Sexual Violence
231
Protection from the public or the press 4 1 Nondisclosure of information to a third party
238
Protection from the accused
248
Protection from retraumatisation
257
The Victims and Witnesses Unit
277
Participation of Victims of Sexual Violence in the Proceedings
283
The ICC
410
Final remarks
420
Towards a More Comprehensive Supranational Criminal
427
Sexual violence in supranational criminal procedure
435
Sexual violence and the legal consequences of the supranational criminal
442
Final thoughts
453
Nederlandse Samenvatting Dutch summary
467
Appendix ICTY and ICTR Judgments on Sexual Violence
481
Bibliography
499
List of Documents
521
Overview of Cases
539
Overview of Legislation
557
Index
563
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Об авторе (2005)

Anne-Marie de Brouwer (PhD, LL.M.) studied Dutch, human rights law and international law at Tilburg University (the Netherlands), La Sapienza (Italy) and the University of Essex (UK). She is currently an Associate Professor in international criminal law at the Department of Criminal Law of Tilburg University, the Netherlands, and a research fellow with the International Victimology Institute Tilburg (INTERVICT). Previously, she was an associate legal officer at the Women's Initiatives for Gender Justice in The Hague.Her main areas of research and interest include international crimes, international criminal law and procedure, international humanitarian law, victims' rights, victimology, sexual violence and transitional justice.She is the co-founder and chair of the Mukomeze Foundation, which aims to improve the lives of women and girls who survived sexual violence during the Rwandan genocide.

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