Soldiers who Rape, Commanders who Condone


Book Description

In the Democratic Republic of Congo (DRC), tens of thousands of girls and women have suffered horrific acts of sexual violence. The government army is one of the main perpetrators. Commanders, even when confronted with abuses, have frequently failed to stop sexual violence and may themselves be guilty of war crimes or crimes against humanity as a consequence. In this report, Human Rights Watch looks at sexual violence committed by the army and more specifically the 14th brigade whose case illustrates the failure to enforce respect for humanitarian law. The Congolese government and international agencies have taken some measures to deal with the army's poor human rights record, sometimes as part of broader security sector reform. These efforts have so far seen only limited success. For example, while some foot soldiers have been brought to justice, commanders are usually spared prosecution. To end impunity for the military, the Congolese government should strengthen the weak military justice system; establish clear chains of command, remove army officers with responsibility for past crimes, train military of all ranks on protection of women and girls, and improve pay and living conditions for soldiers. The government should also consider establishing a mixed chamber composed of international and Congolese judges and prosecutors to prosecute military and civilian leaders responsible \ for war crimes and crimes against humanity, including sexual crimes, beyond the few individuals who will be tried by the International Criminal Court.







The Responsibility to Protect


Book Description

'The Responsibility to Protect' provides a comprehensive view on how this contemporary principle has developed and analyzes how to best apply it to current humanitarian crises.




The Law and Practice of the International Criminal Court


Book Description

The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.




Rape Loot Pillage


Book Description

Rape Loot Pillage offers a new framework for understanding conflict-related sexual violence based on feminist international political economy. By looking at patterns of contemporary conflict, this book proposes a new typology of wartime sexual violence that ties the 'value' of this violence to the politico-economic objectives of the perpetrators in different conflict contexts.




Protecting Children in Armed Conflict


Book Description

In armed conflicts around the world, children are being killed, raped, abducted and recruited to fight at a shocking scale. In light of this continuing general failure to protect children in conflict, it is questionable whether existing international law norms and institutions provide sufficient protection and accountability. Consideration needs to be given to whether international law can do more – practically and effectively – when moral lines are crossed. That is the purpose of this book. It reviews the position of children in armed conflict by reference to the 'six grave violations' as identified by the UN Security Council. It analyses the protection offered by international humanitarian law, international criminal law and international human rights law, and also assesses the related adjudicative accountability mechanisms. The analysis concludes with a number of recommendations and proposals for reform, with a view to enhancing accountability and deterring future violations. The book has been written by a team of lawyers, headed by Shaheed Fatima QC, and has drawn on the input of an expert advisory panel comprising leading academics, policy-makers and activists. It has been written as part of the Inquiry on Protecting Children in Conflict. The Inquiry has been sponsored by Save the Children and Theirworld and chaired by former UK Prime Minister, Gordon Brown.




Rape Cultures and Survivors


Book Description

An in-depth treatment in two volumes of the historical and cultural contexts of rape and rape culture, this set discusses both victims and perpetrators internationally during war and peace times and examines the treatment of survivors. Historically, women, men, and children have all suffered sexual violence, during wartime and peacetime as well as inside and outside their homes. This two-volume title focuses on survivors of rape in a variety of social and cultural contexts. It examines different people who are victimized in a variety of situations (including in war and prisons) and studies the particularities of "rape cultures" that are intertwined with ethnic cultures and hatreds and other forms of conflictual social, political, and economic relations. In the introduction, the editors define rape and rape culture and provide historical and cultural context for the information presented throughout the volumes, the first of which primarily focuses on the causes and manifestations of rape cultures; the second considers the consequences of rape cultures for survivors of sexual assault. In both volumes, contributors provide case studies elucidating the experiences of a variety of victims—young, old, male, female, straight, and LGBT—in diverse locations around the world to help readers understand how truly pervasive and portentous rape culture is.




Feminist Judgments in International Law


Book Description

The emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.




Understanding and Proving International Sex Crimes


Book Description

"[This anthology] addresses the gap betwen international standard-setting prohibiting international sex crimes and actual accountability for individuals who are responsible for such crimes. The book provides detailed analysis of the legal requirements of international sex crimes and types of fact that can be used to meet these requirements. It includes a unique knowledge-base that digests international case law on such crimes. The anthology also contains several studies of institutional and evidentiary challenges in the prosecution of international sex crimes"--Series pref.




The Peace In Between


Book Description

This volume examines the causes and purposes of 'post-conflict' violence. The end of a war is generally expected to be followed by an end to collective violence, as the term ‘post-conflict’ that came into general usage in the 1990s signifies. In reality, however, various forms of deadly violence continue, and sometimes even increase after the big guns have been silenced and a peace agreement signed. Explanations for this and other kinds of violence fall roughly into two broad categories – those that stress the legacies of the war and those that focus on the conditions of the peace. There are significant gaps in the literature, most importantly arising from the common premise that there is one, predominant type of post-war situation. This ‘post-war state’ is often endowed with certain generic features that predispose it towards violence, such as a weak state, criminal elements generated by the war-time economy, demobilized but not demilitarized or reintegrated ex-combatants, impunity and rapid liberalization. The premise of this volume differs. It argues that features which constrain or encourage violence stack up in ways to create distinct and different types of post-war environments. Critical factors that shape the post-war environment in this respect lie in the war-to-peace transition itself, above all the outcome of the war in terms of military and political power and its relationship to social hierarchies of power, normative understandings of the post-war order, and the international context. This book will of much interest to students of war and conflict studies, peacebuilding and IR/Security Studies in general.