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International Law and Sexual Violence in Armed Conflicts.
Sexual violence is a particular brand of evil that women have endured-more than men-during armed conflicts, through the ages. It is a menace that has continued to challenge the conscience of humanity-especially in our times. At the international level, basic laws aimed at preventing it are not in sh...
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Leiden :
BRILL,
2012.
©2012 |
| Colección: | International humanitarian law series.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- International Law and Sexual Violence in Armed Conflicts; Copyright; Contents; Acknowledgments; Foreword; Prologue; Introduction; Chapter 1: Aetiology of Evil in Armed Conflicts; The Evil of War; A General Review of Human Capacity for Evil in Armed Conflicts; The Situational Theory of Evil; Hanna Arendt; Zygmunt Bauman, Stanley Milgram and Philip Zimbardo; The Dispositional Theory of Evil; Daniel Goldhagen; C Fred Alford; The Narcissistic Theory of Evil; The Eclectic Theory of Evil; Aetiology of Evil Viewed in the Context of the Law; Intent as Limiting the Theories of Aetiology of Evil.
- Uses in the Post-Conflict Quest for Justice and ReconciliationHuman Capacity for the Evil of Sexual Violence in Armed Conflicts; A Legislative Fact Amply Proved; Aetiology of the High Frequency of Sexual Violence during Armed Conflicts; The Theory of Inevitability of Sexual Violence during Armed Conflicts; An Evolutionary Theory of Rape; The Theory of Opportunism of Sexual Violence during Armed Conflicts; The Theory of Deliberate Policy of Sexual Violence during Armed Conflicts; Sexual Violence Traditionally Articulated as Policy.
- Sexual Violence Not Often Articulated as Policy-Systematic Connivance or CondonationConclusion; Chapter 2: Superior Responsibility for the Rape of Women during Armed Conflicts; Introduction; The Law as It Should Be; The Law as It Is; The Requirement of Knowledge; Routes around the Difficulties of the Lex Lata; Joint Criminal Enterprise; Much Ado About Joint Criminal Enterprise; Ordering; Planning and Instigating; Aiding and Abetting; Arguable Limits of Routes around the Difficulties of the Lex Lata; Superior Responsibility and the Duty to Punish; Conclusion.
- Chapter 3: Defining Rape in International Criminal Law: An Unsettled Tug of War?Introduction; Primary Focus on the Violence of the Occasion; Reversion to Focus on Body Parts and Consent; Caught between Violence and Body Parts; Rape Law Reform in Domestic Jurisdictions; The Problems with Kunarac; Conclusion; Chapter 4: Rape as Genocide and Some Questions Arising; Introduction; Rape as Genocide in Light of the Debate regarding Intent to Destroy the Group in Whole or in (Substantial) Part; The Effect of the Debate on the Concept of Rape as Genocide; Joint Criminal Enterprise and Rape as Genocide.
- ConclusionChapter 5: Armed Conflicts, Sexual Violence and the Mens Rea of the War Crime of Terrorism; Introduction; The Conventional Source of the War Crime of Terrorism; The Origins of the Jurisprudence of Specific Intent; Terrorism and the Mens Rea of Sexual Slavery; (a) The Primary Purpose of Spreading Terror and the Nature and Circumstances of the Acts; (b) The Multi-Purpose Approach; (c) A Holistic View of Attack: A Campaign of Terror; Terrorism and Specific Intent: a Matter of General Principle; A Purposive Analysis of Terrorism as War Crime.