War Crimes Against Women: Prosecution in International War Crimes Tribunals

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Martinus Nijhoff Publishers, 1997 - Law - 455 pages
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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.
 

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good book and rare collection of data

Contents

INTRODUCTION THE DEVELOPMENT AND PROSECUTION
1
Terms and Definitions
7
CHAPTER IHUMANITARIAN LAW PRIOR TO WORLD WAR I I
18
CHAPTER H GENDER SPECIFIC WAR CRIMES COMMITTED
49
Rape in Asia
62
Forced Prostitution in Europe
71
Forced Sterilization in Europe
88
CHAPTERm EVENTS LEADING TO THE NUREMBERG TRIAL
96
Single Isolated Rapes
288
Summary
295
PROSECUTING GENDER CRIMES IN
298
The Commission of Experts
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

THE NUREMBERG WAR CRIMES TRIAL
129
CHAPTER VTHE TOKYO WAR CRIMES TRIAL
164
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
Summary of the ICTY
368
CONCLUSION OF WAR CRIMES AGAINST WOMEN
376
Section HI Genocide
392
SELECT BIBLIOGRAPHY
404
INDEX
451
Copyright

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