War Crimes Against Women: Prosecution in International War Crimes TribunalsThis 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. |
Contents
| 1 | |
| 7 | |
| 18 | |
| 49 | |
| 62 | |
| 71 | |
Forced Sterilization in Europe | 88 |
EVENTS LEADING TO THE NUREMBERG TRIAL | 96 |
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 |
Summary of the ICTY | 368 |
THE NUREMBERG WAR CRIMES TRIAL | 129 |
CHAPTER V THE 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 |
Single Isolated Rapes | 288 |
CONCLUSION OF WAR CRIMES AGAINST WOMEN | 376 |
Violations of the laws or customs of war | 388 |
Reproductive Crimes | 397 |
SELECT BIBLIOGRAPHY | 404 |
INDEX | 451 |
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War Crimes Against Women: Prosecution in International War Crimes Tribunals Kelly Dawn Askin No preview available - 1997 |
Common terms and phrases
1949 Geneva Conventions abuses accused Additional Protocol armed conflict Article atrocities BROWNMILLER camps CASSESE Charter civilian population comfort women Commission of Experts crimes against humanity crimes against peace crimes committed Crimes Trial defendants female forced impregnation forced prostitution Former Yugoslavia forms of sexual Fourth Geneva Convention gender specific German Ginsburgs & Kudriavtsev girls grave breach IMT DOCs IMTFE inhuman treatment INT'L INTERNATIONAL CRIMINAL International Human Rights international humanitarian law international law jus cogens Justice killed Kudriavtsev eds laws of war Meron murder Muslim Nazi NUREMBERG TRIALS Nuremberg Tribunal offenses perpetrators political pregnancy prisoners prohibited prosecute protected punishment racial rape committed rape crimes reported reproduced responsible RÖLING Rwandan Tribunals sentenced Serbian sex crimes sexual assault sexual violence Stiglmayer supra note supra note 15 survivors systematic Tokyo Tribunal torture transcript pg treaties victims violations violence against women war crimes wartime woman World Yamashita Yugoslav Statute Yugoslav Tribunal
Popular passages
Page 207 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 131 - Crimes against humanity: Namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.
Page 213 - Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well as in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.
Page 120 - The official position of defendants, whether as Heads of State or responsible officials in Government Departments, shall not be considered as freeing them from responsibility or mitigating punishment. ARTICLE 8. The fact that the Defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determines that justice so requires.
Page 131 - Crimes: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labour or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military...
Page 131 - The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility : (a) CRIMES AGAINST PEACE: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing; (b) WAR CRIMES: namely, violations of the laws or customs of war.
Page 315 - ... for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Page 164 - There must be eliminated for all time the authority and influence of those who have deceived and misled the people of Japan into embarking on world conquest...
Page 100 - It is their purpose that Japan shall be stripped of all the islands in the Pacific which she has seized or occupied since the beginning of the first World War in 1914, and that all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa and the Pescadores, shall be restored to the Republic of China.
Page 111 - Our meeting here in the Crimea has reaffirmed our common determination to maintain and strengthen in the peace to come that unity of purpose and of action which has made victory possible and certain for the United Nations in this war.