Suchergebnisse

Rape was never really investigated as international crime until the recent conflicts in the former Yugoslavia and Rwanda. The purpose of this monograph is to reconstruct, through an overview of case law and history, the way in which they tried to define and pursue rape at an international level. The transition from simple side effect of war crimes to actual evidence of them, up to be recognized as an integral part of many crimes under international law -therefore not necessarily linked to an ongoing conflict - it has been a long and tortuous passage. Along this path the case-law of the first two ad hoc tribunals has given a significant and important contribution, which was then largely incorporated by the Statute of the International Criminal Court, thus favoring the spread of the new conception of the crime at the international level

The author argues that international criminal law assigns individual responsibility to those who deliberately or recklessly create, prolong, or inflict faminogenic conditions. After demonstrating with three case studies how famines often arise out of gross human rights violations, the author defines two degrees of famine crimes corresponding to mental states of knowledge and recklessness and locates in existing international criminal law the element of the two definitions. The article concludes with a proposal for formal codification of these crimes

Intro -- Acknowledgements -- Contents -- 1 Introduction -- 1.1 Aim and Impetus of This Book -- 1.2 Structure -- 1.3 Terminology -- 1.3.1 Sex and Gender -- 1.3.2 Sexualized and Gender-Based Violence -- 1.3.3 Reproductive Violence -- 1.4 Theoretical and Methodological Background -- 1.4.1 International Criminal Law in the International Legal Order -- 1.4.2 Sources and Interpretation of International Criminal Law -- 1.4.3 Feminist Approaches to International Law -- References -- 2 The Foundation: Sexualized Violence in International Law -- 2.1 Introduction -- 2.2 The Factual Background: Conflict-Related Sexualized Violence -- 2.2.1 Manifestations of Sexualized Violence in Conflict Situations -- 2.2.2 Effects of Conflict-Related Sexualized Violence -- 2.2.3 Causes of Conflict-Related Sexualized Violence -- 2.2.4 Narratives of Conflict-Related Sexualized Violence -- 2.2.5 Summary -- 2.3 International Humanitarian Law -- 2.3.1 Early Developments -- 2.3.2 The Hague and Geneva Conventions -- 2.3.3 Sexualized Violence and the Concept of "Honour" in International Humanitarian Law -- 2.3.4 Summary -- 2.4 International Criminal Law -- 2.4.1 Before World War II -- 2.4.2 Trials Post-World War II -- 2.4.3 The Cold War Period and Beyond -- 2.4.4 Statutes and Practice of the ad hoc Tribunals -- 2.4.5 The International Criminal Court -- 2.4.6 Other International and Hybrid Courts -- 2.4.7 Summary -- 2.5 International Human Rights Law -- 2.5.1 Human Rights Instruments Focusing on the Protection of Women -- 2.5.2 Soft Law on Sexualized Violence -- 2.6 Conclusion -- References -- 3 Historical Perspectives on Reproductive Violence in International Law -- 3.1 Introduction -- 3.2 The Factual Background: Conflict-Related Reproductive Violence -- 3.2.1 Historical Overview on Reproductive Violence in Conflict Situations.

Some of the worst human rights catastrophes of the twentieth century were famines created or manipulated by governments. In 1932 at least five million Ukrainians starved to death, while hunger was largely unknown across the border in Russia.The Soviet government imposed disastrous grain quotas on the Ukraine, then let its own citizens literally collapse in the streets while it exported grain to further its "revolutionary" objectives.The Ethiopian famine of 1983-1985, preserved in popular memory as a natural disaster of biblical proportions, most fiercely struck those parts of the country that harbored irredentist movements. In a stunning, but telling, rejoinder to international pity for the purportedly hapless Ethiopian government, the Ethiopian foreign minister told a U.S. chargé d'affaires that "food is a major element in our strategy against the secessionists." Since 1994, more than two million out of a population of twenty-two million in North Korea have starved to death, while South Koreans, affected by similar weather patterns, have remained completely untouched by famine. Nongovernmental organizations (NGOs), trying to distribute aid earmarked for famine victims, have watched helplessly as the government callously interfered and have arrived at the conclusion that "the authorities are deliberately depriving hundreds of thousands of truly needy Koreans of assistance."

From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Miloševic and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that

AbstractThe protection of foreign investment by treaties often clashes with the State's sovereign right to investigate economic crimes committed by investors. This article examines the different approaches taken by tribunals to questions concerning admissibility and jurisdiction, applicable law, the standard of review, the burden and standard of proof and deference to actions taken by domestic courts and regulators related to economic crimes. It concludes that investors should not automatically be deprived of treaty protections and their access to investment arbitration blocked. The arbitration agreement, being autonomous from the main contract (or the relevant treaty), should, as a rule, remain valid even if the conduct of investors is tainted by economic crimes. The article calls on investment tribunals to reflect in their awards on the contributory fault of the parties when representatives of States and investors are both complicit in economic crimes. To achieve greater legal certainty and procedural efficiency, a new generation of investment treaties and the practice of investment tribunals should draw on not only applicable domestic law but also existing sources of international law concerning economic crimes or national best practice.