Sex and Gender Crimes in the New International Law: Past, Present, Future
In times of conflict, women have traditionally been excluded from protection of the law. This book analyzes the treatment of sex and gender crimes under international law by identifying various legal eras, from the inception of international criminal law until its most recent formulation, the Rome Statute. The author conducts her critical journey armed with insights about the development of the crime of rape in domestic law and feminist theories, and exposes gaps and silences in international law's treatment of sex and gender crimes. The author claims that the underlying stratum of sex crimes – the gender stratum – must be acknowledged. Hence, it is not sufficient to treat rape as another offense under existing traditional crime categories. It must also be anchored as a separate crime category that clearly establishes the boundaries of the legal norm, harmonizes different nations’ laws, and eradicates the remnants of patriarchy linked to this offense.
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accused Akayesu Article categories of crime Catharine MacKinnon chapter Christine Chinkin committed crime against humanity crime of rape Crimes against Women defined definition discuss domestic law elements established ethnic existing crime categories explicitly feminist forced pregnancy gender crimes Geneva Conventions grave breaches harm hereinafter Hilary Charlesworth honor Human Rights Ibid ICTR ICTY Statute indictment Int’l International Criminal Court international criminal law International Criminal Tribunal International Humanitarian Law international law Janet Halley Jocelyn Campanaro jurisdiction Kelly Dawn Askin Kunarac mens rea norms offense of rape Orit Kamir Orna Ben-Naftali perpetrator person Presumption of Nonconsent prohibited prosecute Prosecutor protection provides Rape at Rome recognized requirement Rome Statute Rwanda sex and gender sex crimes sexual assault sexual harassment sexual offenses sexual slavery sexual violence silence soldiers subchapter subordination Susan Brownmiller systematic attack Tadic tional torture U.N. Doc victims violations war crimes widespread or systematic woman Yuval Shany