Sex and Gender Crimes in the New International Law: Past, Present, Future

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Martinus Nijhoff Publishers, Jun 22, 2011 - Law - 182 pages
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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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The Historical Vacuum
Beginning the Journey Collecting the Tools
Sex Crimes and International Law Past Present
Sex and Gender Crimes under the New International Law and a Proposed Solution
Summary and Conclusions

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About the author (2011)

Alona Hagay-Frey, LL.M. ("cum laude") Tel Aviv University (2009), LL.B. in Law ("cum laude") and B.A. in Business Administration ("cum laude"), Interdisciplinary Center Herzliya ( IDC Herzliya ) (2002). Her research has been awarded The Raoul Wallenberg Prize on Human Rights.

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