Women's Human Rights Resources Database

This database lists hundreds of resources -- articles, documents and links -- related to international women's rights law and Canadian women's rights law. Annotations describe the content of each resource. Users can search by keyword and author as well as browse by women's rights topic. Full-text documents or links to full-text documents are provided where available.
Search Results for content type Article categorized with Armed Conflict
Karkera, Tina R. , The International Criminal Court's Protection of Women: The Hands of Justice at Work , 12 AMERICAN UNIVERSITY JOURNAL OF GENDER, SOCIAL POLICY AND THE LAW (2004) 197-231.
This article discusses the treatment of gender-based violence under the Rome Statute of the International Criminal Court (ICC) and the degree to which it protects female victims of sexually-motivated crimes. Part II discusses the ICC Statute and the protection it offers women. Part III applies the provisions of the ICC Statute to the situations in the Democratic Republic of the Congo (DRC) and Kosovo. The article concludes (Part IV) that the accomplishments of the ICC are significant, and that the specificity with which the Rome Statute was written awards the ICC jurisdiction over the gender-based crimes occurring in DRC and Kosovo. The author therefore recommends that the ICC prosecute and demand immediate indictments of perpetrators in DRC and Kosovo.

 
Kim, Aejung, Motaghi, Ibrahim , The Politics of Apology : Comfort Women within the Context of Regional Complexities , 13(4) INTERNATIONAL STUDIES JOURNAL, 1-20 (2017)
This paper focuses on the underlying reasons why there has not been a formal apology by the Japanese government to South Korean comfort women, who served as sex slaves to Japanese soldiers during WWII. The paper notes that, to date, the trials that have been filed against the Japanese government have all been dismissed. The paper states that Japan has had a long-standing history of government-licensed prostitution and therefore, may view the concept of Korean comfort women as similar to licensed prostitution rather than as sex slaves. The paper provides social data to further suggest that there is a similar perception in the general public of Japan; that comfort women were simply working in the sex industry. Lastly, the paper suggests other factors for the lack of a formal apology, such as taking note of other countries that have also refused to apologize for their wrongdoings, and thus seeing no benefit or incentive to do so.  
https://heinonline.org/HOL/P, https://www.isjq.ir/article_91108.html

 
Kuan, Steve , Alien Tort Claims Act - Classifying Peacetime Rape as an International Human Rights Violation , 22(3) HOUSTON JOURNAL OF INTERNATIONAL LAW, 451 (2000).
This article advocates that peacetime rape committed by a private actor should be viewed as a violation of international human rights. Furthermore, the victims should be able to bring actions in the U.S. federal courts under the Alien Tort Claims Act (ATCA). Part II examines the history of rape in armed conflict and wartime, focusing on the recognition of rape as a war crime. Part III discusses current international human rights violations and argues that rape should be included in this list. Part IV provides an account of the rapes that occurred during the Indonesian riots of 1997. Part V of the paper discusses the justiciability of the Indonesian riots in the U.S. courts under the ATCA. Finally, Part VI concludes that the United States should recognize peacetime rape by private actors and allow the victim recourse under the ATCA.

 
Lamptey, Comfort , Gender and Peacekeeping: An Evolving Field of Practice , 11 INTERNATIONAL PEACEKEEPING, 69-80 (2007).
The author focuses on the UN's approach to improving women's rights in its peacekeeping process. The article provides an overview of the reasons for and the results of the 2000 UNSCR 1325. Specifically, the author addresses the importance of a gendered perspective in conflict resolution and peacekeeping. This perspective recognizes that women play multiple roles during conflict (beyond victims) and often take on new, often public, societal roles post-conflict. As part of its strategy, the UN considers women in strategies for disarmament, and in electoral and legal reforms. The author argues that there is still room to improve UN peacekeeping initiatives to continue to foster gender equality post-conflict.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Lehr-Lehnardt, Rana , One Small Step for Women: Female-Friendly Provisions in the Rome Statute of the International Criminal Court , 16 BRIGHAM YOUNG UNIVERSITY JOURNAL OF PUBLIC LAW, 317-340 (2002).
This article discusses the contribution of nongovernmental organizations to the process of lobbying for the inclusion of gender friendly provisions in the Rome Statute of the International Criminal Court (ICC). The article asserts that although recognition of the role that gender plays in conflicts is a necessary step towards equality in the international judicial system, there is still much to do to protect women against violence, especially wartime rape. The article briefly discusses the history of rape as a war crime and a crime against humanity. It then considers the role of cases in the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) in influencing the creation of international jurisprudence of sex crimes. Lastly, the gender friendly provisions of the ICC statute are dissected and the shortcomings discussed. [Descriptors: Armed Conflict, International]

 
Ling, Cheah Wui , Walking the Long Road in Solidarity and Hope: A Case Study of the omfort WomenMovement's Deployment of Human Rights Discourse , 22(1) HARVARD HUMAN RIGHTS JOURNAL, 63-107 (2008).
The article discusses the global human rights movement of comfort women, who suffered serious abuses by the Japan during WWII. The movement demands that Japan publically apologize and provide reparation for the acts committed. The article discusses the human rights strategy used by the movement to advance its claims and focuses on how this strategy can serve as a lesson to other similarly situated groups. The author compares the people-centric paradigm of post-conflict justice put forth by the movement with the state-centric paradigm employed by Japan. The first part of the article focuses on the early strategies of the movement, and analyzes the Hwang v Japan decisions to dissect the litigation efforts put forth and the challenges faced. The second part discusses the impacts of the more recent human rights strategies employed which go beyond litigation, including the 2000 Womens Tribunal mock trial. Finally, the paper examines the transnational legislative campaigns brought forward by the movement in 2007 and 2008, and conducts a case study of the U.S. House Resolution 121. The author also discusses the impact of pursuing routes that go beyond litigation and how they further the movement. Cheah Wui Ling, Walking the Long Road in Solidarity and Hope: A Case Study of the "Comfort Women" Movement's Deployment of Human Rights Discourse (2008) 22:1 Harv Hum Rts J 63.
http://www.law.harvard.edu/students/orgs/hrj/iss22-1/63-108.pdf

 
Manjoo, Rashida, McRaith, Calleigh , Gender-Based Violence and Justice in Conflict and Post-Conflict Areas , 44 CORNELL INTERNATIONAL LAW JOURNAL, 11-31 (2011).
The article explores the relationship between gender-based violence and armed conflict. Increasing international awareness regarding the impact and implications of violence against women has led to numerous mechanisms attempting to address accountability in this regard. Despite this, the problem of gender based violence in the context of armed conflict remains an issue. Women continue to face the threat of violence even after the threat of conflict has ceased. The article aims to document the increasing awareness of this issue, as well as the challenges that lay ahead in developing a coherent solution.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Mazurana, Dyan, Marshak, Anastasia, Spears, Kinsey , Child Marriage in Armed Conflict , 101(911) INTERNATIONAL REVIEW OF THE RED CROSS, 575-602 (2019)
The article aims to fill gaps in the literature on different forms of sexual and gender-based violence during conflict; including child marriage during climate change, girl child widows, child marriage by fighting forces and armed groups, and more. In addition to further investigating the context of child marriages, the authors suggest eight avenues for future investigation on child marriage in armed conflict. More thorough research is required to improve outcomes for married children in both conflict and humanitarian settings. The authors suggest a need for the coordinated development of multiple stakeholders and technologies, including data analytics tools, to better understand and capture the multifaceted components of child marriage globally. 
https://heinonline.org/HOL/P, https://international-review.icrc.org/articles/child-marriage-armed-conflict

 
McCausland, Courtney , From Tolerance to Tactic : Understanding Rape in Armed Conflict as Genocide , 25(1) MICHIGAN STATE INTERNATIONAL LAW REVIEW, 149-192 (2017)
This article provides an overview of the relevant international legal considerations associated with sexual assault in armed conflict. A historical summary of international and domestic conflicts arising over the 20th century outlines the increasing development of mass-rape as a war tactic. This overview stresses further the resulting legal implications, which may hinder the prosecution of sexual violence in warfare. The author then discusses the international conventions and International Criminal Court jurisprudence that support conceptualizing rape in armed conflict as genocide. The conceptual legal benefit of this approach is analyzed, which highlights that genocidal intent, committed in tandem with rape, can be inferred in circumstances of armed conflict. The author further examines how sexual violence may fit within one or more of the five requisite elements of genocide set out in the Genocide Convention. Understanding rape as genocide further achieves justice-oriented policy objectives including successful prosecution and closure for victims.  
https://heinonline.org/HOL/P, https://hcommons.org/deposits/item/hc:35575

 
McGuinness, Margaret E. , Women as Architects of Peace: Gender and the Resolution of Armed Conflict , 15 MICHIGAN STATE JOURNAL OF INTERNATIONAL LAW, 63-84 (2007).
Margaret McGuiness focuses on the role women have played and need to play during the process of armed-conflict resolution. She looks at recent efforts that have been made in international human rights treaties including CEDAW, the UNSCR 1325, and the Beijing Conference in 2005 towards ensuring that women have more active roles in this process. McGuiness argues that armed conflict is not a gender-neutral event and that the resolution process has to include women in order to rectify past harms and to ensure lasting peace going forward. She explores the "gender corollary" with democratic peace insisting that women need to help draft peace settlements in order to create sustainable peace and guarantee womens rights in society. Finally, she makes a distinction between formal and informal processes involved in conflict resolution and how women need a more substantial role in formal processes.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
McHenry, James , Justice for Foca: The International Criminal Tribunal For Yugoslavia's Prosecution of Rape and Enslavement as Crimes against Humanity , 10 TULSA JOURNAL OF COMPARATIVE AND INTERNATIONAL LAW (2002) 1269-1311.
This article addresses the judicial response to the gang-rape and sexual enslavement of Bosnian-Muslim women by Bosnian-Serb solidiers during the Yugoslav conflict. These crimes are identified by the author as being epitomized by the atrocities committed in the small Bosnia-Herzegovinan town of Foca. The article commences with a discussion of the development of international law regarding crimes against humanity (Part I) before turning to the 2001 decision of the International Criminal Tribunal for Yugoslavia (ICTY) "Prosecutor v. Kunarac" (Parts II-V). The author identifies the important precedent this decision established for gender-based crimes. However, he also identifies and discusses the controversy this decision raised. In response, the author offers reasons to support the expansion of the definition of crimes against humanity to include sexual slavery and rape, concluding that the impact of Kunarac promises to be historic from a legal, moral and humane perspective.

 
McHenry, James , The Prosecution of Rape under International Law: Justice that is Long Overdue , 35 VANDERBILT JOURNAL OF TRANSNATIONAL LAW (2002) 1269-1311.
This articles situates the prosecution of rape and sexual enslavement as crimes against humanity by the International Criminal Tribunal for the former Yugoslavia (ICTY) as part of a larger, emerging picture of international legal jurisprudence. The author notes that the ICTY built upon its own decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), broadened international protections of civilians in conflict, and codified women as legally equal to men. The author concludes that the ICTY established the foundation for the prosecution of crimes against humanity by other courts. [Descriptors: Armed Conflict, International]

 
Mitchell, David S. , The Prohibition of Rape in International Humanitarian Law as a Norm of Jus Cogens: Clarifying the Doctrine , 15 DUKE JOURNAL OF COMPARATIVE AND INTERNATIONAL LAW, 219-258 (2005).
The author argues that the prohibition of rape in international humanitarian law has become a fundamental norm of jus cogens. He begins by providing an overview of the defining elements of a rule of jus cogens. The author then attempts to clarify the legal status of rape under international humanitarian law as he argues that state law and practice, international conventions, and international and regional judicial decisions indicate the existence of a jus cogens norm prohibiting rape and sexual violence. He concludes that the next step is state recognition of this standard in legal language as well as practice. [Descriptors: Armed Conflict, International]

 
Nebesar, Darren Anne , Gender-Based Violence as a Weapon of War , 4(2) UNIVERSITY OF CALIFORNIA AT DAVIS LAW REVIEW, 147-80 (1998).
This article focuses on rape as a concrete war strategy used for the purpose of annihilating an entire group of peoples. This article begins with a discussion of the historical background of rape in wartime (Section I). The article then turns to rape as a weapon of war in the former Yugoslavia (Section II). Section III discusses forced pregnancy and forced maternity as illustrative of the particular nature of rape in the Balkan conflict. Section IV explores the aftermath of rape for women survivors and specifically its cultural and familial ramifications. This section also discusses forced prostitution and prostitution as a result of rape in war. Section V explores the role pornography may have played in creating and exacerbating this scenario. Section VI addresses whether international legal mechanisms can provide effective remedies. Section VII discusses the definition of this war as either international or internal and the ramifications of each. Finally, rape in during armed conflict is compared and contrasted to rape that takes place during peace time. [Descriptors: Armed Conflict, International - Europe]

 
Ní Aoláin, Fionnuala D. , Exploring a Feminist Theory of Harm in the Context of Conflicted and Post-Conflict Societies , 35 QUEEN LAW JOURNAL, 219-244 (2009).
The author argues that the development of international criminal law needs to be shaped by a gender-infused theory of harm in order to properly respond to the needs of women. She explores studies that analyze how women process harm differently than men. Current understandings of these international laws demonstrate a gender bias that does not adequately address the particular harms women experience during times of conflict. Focus in international law is centered on physical harm towards women and fails to take into account the harms that most persistently affect women, including socio-economic, community, and private harms. The author argues that international law should respond to actual experienced harm to develop more appropriate remedies for women.
https://canada.westlaw.com/find/default.wl

 
Nobert, Megan , Creating International Responsibility: The Non-Prosecution of Sexual Violence Post Conflict as a Violation of Women’s Rights , 17 TILBURG LAW REVIEW 63 (2012)
This article begins with a summary of the history of sexual assault in conflict and how international law has developed to deal with this particular issue. Using this framework, the author then argues that the non-prosecution of sexual assault in conflict zones is a violation of women’s rights and therefore should fall under the protection of international law through the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Specific violations of the CEDAW are discussed, paying particular attention to women’s rights to freedom from discrimination and women’s health rights. 
https://heinonline.org/HOL/P, http://iwrp.org/wp-content/uploads/2010/07/Creating-International-Accountability…

 
Noone, Michael F. , Whacking Unarmed Women : Gaps in the Law of Armed Conflict , 9 DUKE JOURNAL OF GENDER LAW & POLICY, 271-276 (2002)
In this article, Michael Noone explains that there is a gap in the law of armed conflict with respect to what soldiers may justly do with respect to unarmed female belligerents. He illustrates this gap by discussing two examples: one in which a British soldier in Northern Ireland was shot when he disarmed himself after being mobbed by a group of unarmed women, and another in which Somalian soldiers shot and killed an unarmed women who aided the killing of wounded individuals by members of a Somalian clan by pointing at their location. Noone argues that dealing with this gap is important because, as these examples suggest, it is not always the case that armed conflict is between two belligerent armies who could properly be characterized as ‘combatants’ under the international law of armed conflict. 
https://heinonline.org/HOL/P, https://scholarship.law.duke.edu/cgi/viewcontent.cgi

 
Nowrojee, Binaifer , Making the Invisible War Crime Visible: Post-Conflict Justice for Sierra Leone's Rape Victims , 18 HARVARD HUMAN RIGHTS JOURNAL 85-105 (2005)
This article addresses the oft-neglected efforts of the Special Court for Sierra Leone (SCSL) and the Sierra Leonean Truth and Reconciliaton Commission (TRC) to address - and redress - the wartime sexual violence that was routinely directed at women and girls during the civil war. The article identifies that the SCSL and the TRC have both sought to fulfill their mandate with regard to crimes against women, utilising gender-sensitive strategies to ensure the safety and dignity of female rape victims. The author asserts that despite these efforts, gender justice remains the exception rather than the rule in most post-conflict societies. She argues that in addition to the contributions the SCSL and the TRC have made to achieving justice for women, the two institutions have also exposed crucial questions and have established important precedents and procedures for other future post-conflict resolution mechanisms. [Descriptors: Armed Conflict, International - Africa]

 
Ntombizozuko, Dyani , Protocol on the Rights of Women in Africa: Protection of Women from Sexual Violence During Armed Conflict , 6 AFRICAN HUMAN RIGHTS LAW JOURNAL, 166-187 (2006).
In the face of evidence that links sexual violence against women to armed conflict in Africa, the author asks: can the Protocol on the Rights of Women in Africa change the situation? The author examines the treatment of sexual violence against women during armed conflict in international humanitarian law generally, and then analyzes the provisions in the Protocol that specifically address violence against women. The author argues that states are obligated to protect women from sexual violence during armed conflict under the Protocol, but that the Protocol does not give clear guidelines on how to meet these obligations. The author suggests that these guidelines may be clarified by the African Court's interpretation.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Ntombizozuko, Dyani , Sexual Violence, Armed Conflict and International Law in Africa , 15 AFRICAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, 230-253 (2007).
This article explores the evolution of international law on sexual violence during armed conflict and, in particular, how it has developed within the African region. It begins by analyzing how the law has evolved due to decisions made at the ICTY and the ICTR. The author then argues that the creation of the Charter of the African Union and the Women's Protocol has made a significant contribution to the protection of women against sexual violence in international law. The establishment of the African Court is a further positive step to ensure that states fulfill their obligations under the Charter. The author recognizes that the African Court is an important enforcement mechanism, but cautions that its success depends on the participation of African countries to make certain that states follow these decisions. The article argues that, while the law addressing sexual violence during armed conflict has made significant progress in the African region, it needs to be more strictly implemented by individual states.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
O'Rourke, Catherine, Swaine, Aisling , CEDAW and the Security Council : Enhancing Women’s Rights in Conflict , 67(1) INTERNATIONAL AND COMPARATIVE LAW QUARTERLY, 167- 200 (2018)
This article examines how the CEDAW Committee and the UN Security Council (UNSC) may operate simultaneously to maximize overall accountability for women’s rights in armed conflict.  Although both institutions have adopted concurrent provisions with respect to women and conflict, the UNSC maintains a security-focus while the CEDAW Committee operates under a feminist rights-based approach. Despite these differences in mandate, the author argues that such tensions provide the opportunity for cross-regime dialogue and inter-regime accountability. In order to realize  progress on women’s rights in conflict, the article endorses three different interactional  undertakings: 1) enhanced data-sharing and joint reporting to address sexual exploitation within the  UN system; 2) independent execution of institutional agendas to pursue state-level accountability  through monitoring (CEDAW) and peacebuilding (UNSC) activities; and 3) greater integration of  women’s human rights in the interpretation of the UNSC mandate. 
https://heinonline.org/HOL/P, https://pure.ulster.ac.uk/ws/files/85976884/O_Rourke_Final.pdf

 
Oosterveld, Valerie, L. , Feminist Debates on Civilian Women and International Humanitarian Law , 27 WINDSOR YEARBOOK OF ACCESS TO JUSTICE, 385-402 (2009).
This author examines the longstanding feminist legal debate regarding the role of international humanitarian law (IHL) in respect to civilian women in armed conflict. The "enforcement" school argues that women bear so many tragic effects of armed conflict because legal rules are not observed or enforced. UNSCR 1325 reflects this view by calling on parties to fully respect IHL as it applies to women and girls. In contrast, the "revision" school agrees that enforcement is important, but posits that IHL reflects masculine assumptions that do not adequately account for gender inequity. The author concludes that mainstream action has focused on enforcement, but that further (re)interpretation and legal reform would help improve the situation for female civilians in armed conflict.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Oosterveld, Valerie, L. , Sexual Slavery and the International Criminal Court: Advancing International Law , 25 MICHIGAN JOURNAL OF INTERNATIONAL LAW, 605-651, (2004).
This article discusses the process by which the crime of sexual slavery was included in the Statute of the International Criminal Court (ICC) through the inclusion of the crime in the Court's "Elements of Crime" document. The author begins in Part I by discussing the ICC negotiation process and the crime of sexual slavery, contrasting this to the treatment of sexual slavery by the Special Court for Sierra Leone. In Part II the author addresses the negotiation process of the ICC's Elements of Crimes and offers a critique. Finally, in Part III the author turns the International Criminal Tribunal for the Former Yugoslavia's (ICTY) approach to sexual slavery and compares this to the approach of the ICC. The author concludes by arguing for the advancement of international law through recognition of individual autonomy and agency, a process that has been set in motion through the recognition of the crime of sexual slavery by the ICC and Special Court for Sierra Leone. [Descriptors: Armed Conflict, International]

 
Oosterveld, Valerie, L. , The Definition of "Gender" in the Rome Statute of the International Criminal Court: A Step Forward or Back for International Criminal Justice? , 18 HARVARD HUMAN RIGHTS JOURNAL 55-84 (2005)
This article discusses how the term "gender" came to be incorporated in the final text of the Rome Statute of the International Criminal Court (ICC). "Gender" is identified as a troublesome term, subject to some of the most difficult and contentious negotiations at the Rome Conference. Discussion of the negotiation process - in which the author took an active role - forms the basis for Part I of this article. Part II looks to the various definitions of gender used by the United Nations in the areas of refugee law and human rights. Part III critically analyses the Rome Statute's definition of "gender" from the perspective of the "sex vs. gender" debate, the social construction of the term, the possibility that the Statute's definition could exclude sexual orientation from its ambit, and the decision to single out gender for definition in the context of crimes against humanity. The author concludes in Part IV by defending the definition of gender adopted in the text, arguing that this definition will ultimately help rather than hinder the work of the ICC in addition to advancing the understanding of gender more generally under international law. [Descriptors: Armed Conflict, International]

 
Pratt, Kathleen M., Fletcher, Laurel E. , Time for Justice: The Case for International Prosecutions of Rape and Gender-Based Violence in the Former Yugoslavia , 9 BERKELEY WOMEN'S LAW JOURNAL, 77-102 (1994).
This article begins with a brief overview of the historical invisibility of rape and other gender-based violence in international humanitarian and human rights discourse. It also describes the factual basis for prosecutions of rape and other forms of gender-based violence in the context of the former Yugoslavia. Finally, the authors examine the relevant provisions of the Statute of the International Criminal Tribunal for the former Yugoslavia (ICTY) which, under conventional and customary international law, provides the tribunal with jurisdiction to prosecute rape and other forms of gender-based violence as international crimes. This section reviews the rape and other forms of gender-based violence captured by each substantive crime defined in the Statute and explains why gender-specific offenses must be recognized and prosecuted under all of these relevant provisions.

 
Pruitt, Lesley , Looking Back, Moving Forward: International Approaches to Addressing Conflict-Related Sexual Violence , 33(4) JOURNAL OF WOMEN, POLITICS AND POLICY, 299-321 (2012)
This article addresses the importance of ending impunity for perpetrators of conflict-related sexual and gender-based violence. The author notes that, while members of the international community have recognized the need to address the climate of impunity, little progress has resulted from their commitment to addressing conflict-related sexual violence. Part I of the article provides a background on conflict-related sexual and gender-based violence. Part II outlines the importance of addressing impunity in building peace and putting an end to sexual and gender-based violence during conflict. Part III provides a history of mechanisms adopted by the international community aimed at addressing conflict related sexual and gender-based violence. In Part IV, the author sets out a proposal for addressing the problem of impunity, which involves the creation of a UN sponsored Womens Police Service, which would increase the resources available for peace operations and incorporate women as equal partners in the process. Lesley Pruitt, Looking Back, Moving Forward: International Approaches to Addressing Conflict-Related Sexual Violence (2012) 33:4 J Wom Pol & Poly 299.

 
Qurashi, Zara , Violence Against Women During Armed Conflicts , 1 UK LAW STUDENTS’ REVIEW, 39-49 (2013)
Violence against women is an issue that crosses geographic borders and cultural barriers, but it is especially prevalent in armed conflicts even though it is widely accepted that violence against women is unlawful and should be punished. This paper focuses on the flaws in international humanitarian law which fail to provide adequate protection in conflict zones. Both past and present conflicts can shine light on the steps that need to be taken to address this issue, and related sub-issues like prostitution, sexual mutilation, strip searches, forced nudity, forced abductions, and forced marriage/sexual slavery.
https://heinonline.org/HOL/P, http://www.uklsa.co.uk/wp-content/uploads/2014/02/UKLSR-Volume-1-Issue-2-Article…

 
Ray, Amy E. , The Shame of It: Gender-Based Terrorism in the Former Yugoslavia and the Failure of International Human Rights Law to Comprehend the Injuries , 46 AMERICAN UNIVERSITY LAW REVIEW, 793-840, (1997).
The author of this article argues that the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) is limited by the fact that international law fails to fully comprehend the gender-specific nature of rape, thus preserving the patriarchal structure of international law. Beyond rape, the author catalogues many other gender-based crimes including prostitution, forced pregnancy, as well as spousal and familial abuse that took place before, during and after the war. The author argues that the historically subordinate position of Balkan women ensured that "sexual terrorism" was an effective strategy of war and continues to terrorize its survivors. She concludes that we must acknowledge that women are sexually terrorized each day in every country of the world and that only by holding individuals and states responsible can international human rights law comprehend the injuries inflicted upon women and protect them. [Descriptors: Armed Conflict, International]

 
Reilly, Niamh , Seeking Gender Justice in Post-Conflict Transition: Towards a Transformative Women' Human Rights Approach , 3 INTERNATIONAL JOURNAL OF LAW IN CONTEXT, 155-172 (2007).
The article reviews the traditional approaches to transitional justice and examines the benefits of engendering post-war criminal justice. The author concludes by examining UNSCR 1325 to consider the prospect of a broader approach to gender justice. The author argues that achieving justice for women during post-conflict transitions would be best accomplished with bottom-up efforts by women's groups. This approach would enable justice for women by recognizing the myriad of roles that women play during and after conflict, and engaging with the larger human rights framework to achieve just and sustainable results.
http://search.proquest.com.myaccess.library.utoronto.ca/docview/209809890

 
Reynolds, Sarnata , Deterring and Preventing Rape and Sexual Slavery During Periods of Armed Conflict , 16 LAW AND INEQUALITY (1998) 601-632.
This article identifies the growing recognition that rape and sexual slavery are used as ways of waging war against civilians. The author focuses on and proposes ways to curb, and ultimately eliminate, the use of rape and sexual slavery during periods of armed conflict. The authors argues that identifying why sexual violence remains a frequent occurrence in war would build a nexus with peacetime sexual violence to increase awareness of how to confront the attitudes and images that perpetuate violence against women. The author also asserts that education and training is needed to transform the military to reflect human rights standards. The article concludes that incidences of sexual violence during armed conflict will only decrease if we adopt a multilateral and multifaceted commitment to people and programs that will effectively combat it. [Descriptors: Armed Conflict, International]

 
Russell-Brown, Sherie L. , Rape as an Act of Genocide , BERKELEY JOURNAL OF INTERNATIONAL LAW, 350-374 (2003)
This article discusses the use of rape as part of an official policy of war designed to eliminate in whole or in part a particular group: namely, rape as a tool of genocide. Part II outlines the status of rape as a crime under international humanitarian law, focusing on the Geneva Conventions, violations of the laws and customs of war and crimes against humanity. Part III focuses directly on the 1951 Genocide Convention and rape as an act of genocide. Part IV outlines the persistent debates surrounding genocidal rape. Part V discusses the genocidal campaign in Rwanda, the International Criminal Tribunal for Rwanda (ICTR). Finally, Part VI explores in greater depth the contribution of the ICTR's Akayesu judgment to clarifying the debate over the status of genocidal rape. [Descriptors: Armed Conflict, International - Africa, International]

 
Sackellares, Stephanie N. , From Bosnia to Sudan: Sexual Violence in Modern Armed Conflict , 20 WISCONSIN WOMEN'S LAW JOURNAL 137-165 (2005).
This article deals with the prosecution of rape under international law. The author begins by offering an overview of motivations for the rape of women in armed conflict and then goes on to trace the treatment of mass rape as genocide in treaties and conventions such as the Rome Statute of the International Criminal Court, highlighting the use of this treatment in case law at international tribunals and the International Criminal Court (ICC). Finally, the author points to sexual violence against women in the Sudan and sets out a path to prosecute such crimes under international law through enforcing the existing provisions. [Descriptors: Armed Conflict, International - Africa, International]

 
Satra Kalra, Monika , Forced Marriage: Rwanda's Secret Revealed , 7 U.C. DAVIS JOURNAL OF INTERNATIONAL LAW AND POLICY (2001) 197-221.
The author of this article argues that the Office of the Prosecutor (OTP) of the International Criminal Tribunal for Rwanda (ICTR) should charge forced marriage as a crime of sexual violence. Part I explores sexual violence during the 1994 Rwandan genocide and the phenomenon of forced marriage. Part II addresses the importance of charging perpetrators with the crime of forced marriage and the role the OTP has in ensuring justice is done. Finally, Part III discusses the legal framework for prosecuting forced marriage under the ICTR Statute. Finally, Part IV offers recommendations for trying and investigating the crime. [Descriptors: Armed Conflict, International - Africa]

 
Schrek, Rachel , Rhetoric Without Results: United Nations Security Council Resolutions Concerning Rape During Armed Conflict , 28 PENN STATE INTERNATIONAL LAW REVIEW, 83-110 (2009).
This article focuses on the international community's response to the prevalence of crimes of sexual violence against women during armed conflict. It outlines the history of rape during conflict, its use as a weapon against the enemy, and its physical and psychological effects on women. The author then explores the positive development in international law related to sexual violence through the ICTR, the ICTY, the ICC, and hybrid courts. The author contends that there has been insufficient progress in protecting and preventing women from being exposed to sexual violence during and after armed conflict. She views the UNSCR 1820 as a significant instrument in strengthening this protection. She notes how UNSCR 1820 has greatly remedied weaknesses inherent in UNSCR 1325 and argues that the international community must now focus on implementing UNSCR 1820 by creating more detailed recommendations for states to follow.
http://canada.westlaw.com/result/default.wl

 
Seneviratne, Wasantha , Critique on the International Legal Standards Pertaining to Displaced Women in the Context of Armed Conflict , 19 SRI LANKA JOURNAL OF INTERNATIONAL LAW, 511-536 (2007).
While displacement causes a plethora of problems for men and women, displaced women face additional, gender-specific problems. This article discusses the international legal standards that protect women in conflict-related displacement. The author examines the UN Guiding Principles on Internal Displacement, the London Declaration of International Law Principles on IDPs, CEDAWs Optional Protocol, international humanitarian law, and international refugee law. The author shows how displaced women can make use of these legal instruments to obtain redress for trauma and suffering. The author concludes that progress has been made in protecting displaced women, but that governments should take further steps and displaced women should be made aware of their legal rights and responsibilities.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Seneviratne, Wasantha , International Legal Standards Pertaining to Sexual Violence Against Displaced Women in Times of Armed Conflict with Special Reference to the Emerged Jurisprudence at the ICTY and the ICTR , 20 SRI LANKA JOURNAL OF INTERNATIONAL LAW, 1-28 (2008).
Wasantha Seneviratne outlines how sexual violence against women during and after periods of internal and international conflict has been classified and addressed in international humanitarian law. The author argues that, as women are displaced by armed conflict, there is a heightened danger to them of sexual violence during and after that conflict. Seneviratne looks at court decisions from the ICTR and ICTY and the progressive approach these courts have taken to prosecute crimes of sexual violence occurring in internal armed conflicts; particularly, how sexual violence was classified as a war crime and a crime against humanity. The author emphasizes the statute and work of the ICC in prosecuting these crimes. She points to the progress made by the ICC in substantive and procedural law in this area allowing victims to testify and seek redress in these courts when their states are not willing to do so.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Shepherd, Laura J. , Women, Armed Conflict, and Language – Gender, Violence and Discourse , 92(877) INTERNATIONAL REVIEW OF THE RED CROSS, 143-160 (2010)
In this article, Laura Shepherd argues that post-structural theories of language are important for policy-makers and practitioners because, in order to avoid unconsciously reproducing forms of oppression that policies seek to redress, policy-makers and practitioners need to know not only what a policy means but also how it means what it does. To do this, Shepherd first outlines a post-structural approach to discourse that she argues facilitates particularly useful kinds of analyses of policy documents. Then, she illustrates this approach by analysing Chapter 5.10 of the United Nations Integrated Disarmament, Demobilization and Reintegration Standards, which is titled ‘Women, gender, and DDR’.
https://heinonline.org/HOL/P, https://www.corteidh.or.cr/tablas/r24603.pdf

 
Slater, Rachel , Gender Violence or Violence against Women: The Treatment of Forced Marriage in the Special Court for Sierra Leone , 13 THE MELBOURNE JOURNAL OF INTERNATIONAL LAW, 732-773 (2012).
The article considers the case for viewing forced marriage as a gender crime. This practice was a prevalent form of violence during the civil war in Sierra Leone. The article engages in a brief examination of the Special Court for Sierra Leone trials. The author argues that recognition of this practice as a form of gender violence is crucial to advancing the scope of international law. A comparison is made between the characterization of forced marriage under international criminal law and its treatment under international refugee law, where similar violence is defined as persecution in the Convention relating to the Status of Refugees.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Splittgerber, Scott , The Need for Greater Regional Protection For Human Rights of Women: The Cases of Rape in Bosnia and Guatemala , 15 WISCONSIN INTERNATIONAL LAW JOURNAL, 185-227 (1996).
In this article, the author argues that the systematic rape of women in Bosnia and Guatamala illustrates the inability of international legal mechanisms to consider the perspectives of women in the enforcement of international law. This failure of formal international legal sources to prevent the atrocities which have been committed against women throughout the 20th century highlights, in the author's opinion, the need to implement specific protection for civilian women. The author maintains that existing regional organizations and economic associations provide ready-made institutional means for implementing policies and moblizing domestic, regional and international resources in order to change public attitudes and effectively provide protection. Further, human rights of women can be entrenched and legal obligations reinforced through regional treaties that promote economic integration. [Descriptors: Armed Conflict, International - Europe, International - Latin America]
http://www.law-lib.utoronto.ca/Diana/fulltext/spli.pdf

 
Stephens, Beth , Humanitarian Law and Gender Violence: An End to Centuries of Neglect? , 3 HOFSTRA LAW & POLICY SYMPOSIUM, 87-109, (1999).
The author of this article argues that the application of international humanitarian law to address accusations of rape and other acts of violence against women remains somewhat shaky and subject to backsliding. Part I outlines the historical context of rape in war. Part II shows how gender violence has gradually been recharacterized under national and international law in recent years. Part III discusses the legal structure of humanitarian law. Finally, Part IV turns to the application of these international norms by the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), with Part V addressing the International Criminal Court. The author concludes that the ultimate success in holding individuals accountable for gendered human rights violations depends on the ability of the ICTY and ICTR to detain defendants and bring them to trial, the efficacity of the resulting prosecutions, and the tribunals' records in respecting and protecting survivors and witnesses. [Descriptors: Armed Conflict, International]

 
Sverdlov, David , Rape in War : Prosecuting the Islamic State of Iraq and the Levant and Boko Haram for Sexual Violence against Women , 50(2) CORNELL INTERNATIONAL LAW JOURNAL, 333-359 (2017)
The article discusses the feasibility of prosecuting militant groups such as ISIL and Boko Haram under the Genocide Convention or the non-genocidal crimes of the Rome Statute. International legal bodies have brought few rapists to justice, and rape remains the least condemned war crime. The author relies on legal precedents established by international tribunals that dealt with the prosecutions of Rwandan and Yugoslavian war criminals. Through evaluation of known facts regarding ISIL and Boko Haram, the author concludes that ISIL militants can be prosecuted for the genocidal rape of Yazidi women, while Boko Haram militants must be prosecuted under the Rome Statute by the International Criminal Court. 
https://heinonline.org/HOL/P, https://scholarship.law.cornell.edu/cgi/viewcontent.cgi

 
Swaine, Aisling , Beyond Strategic Rape and Between the Public and Private: Violence Against Women in Armed Conflict , 37 HUMAN RIGHTS QUARTERLY, 755-786 (2015)
The premise of this article is to analyze the definition of gender-based violence within the context of armed conflict, partially in response to the tendency of some scholars to only “consider” strategic rape as conflict-related violence against women while ignoring other forms of violence. The author uses historical data from the conflicts in Liberia, Northern Ireland and Timor-Leste to support their definition. They propose a spectrum that will help to understand the differences between types of violence, ranging from political public violence to endemic private violence. The author also emphasizes the impact that wide spread conflict and warfare can have on private individualistic violence.
https://heinonline.org/HOL/P

 
Tambiah, Yasmin , Sexuality and Women's Rights in Armed Conflict in Sri Lanka , 12(23). REPRODUCTIVE HEALTH MATTERS, 78-87 (2004)
This paper discusses that the discourse of sexuality and sexual autonomy is often promoted to a lesser extent than other human rights in armed conflict situations due to its contested and “controversial” nature. This paper investigates the complex sexual choices of widows and sex workers in Sri Lanka in the context of militarisation, war, and ethnic conflict. Due to the increased prevalence of sexual violence, harassment, and importance of sexual chastity of Sri Lankan women negotiating bodily integrity and sexual autonomy during periods of war is critical. The article highlights that particularly widows and sex workers that have the responsibility of maintaining the household negotiated self-determination in spite of the pressure faced on them by the community. The article ends with solidifying the importance of advocating for sexual autonomy with the same fervor as other human rights to secure this right during and post-armed conflict 
https://www.sciencedirect.com/science/article/pii/S0968808004231214

 
Thomas, Dorothy Q., Ralph, Regan E. , Rape in War: Challenging the Tradition of Impunity , SAIS REVIEW, 81-99 (1994).
Reports of rape in the former Yugoslavia have highlighted the abusive nature of wartime rape and the persistent misunderstandings regarding its prevalence, function and motivation in war. Efforts to prosecute rape effectively by the International Criminal Tribunal for the former Yugoslavia (ICTY), established to try war crimes in the territory have also revealed the difficulties in applying existing international human rights and humanitarian law standards to rape. In order to overcome these difficulties and end the tradition of impunity for this abuse, rape in conflict must be understood as an abuse that targets women for political and strategic reasons. This article describes the prevalence of rape in situations of conflict, rape's function in war, why women are targeted, and how the rhetoric of rape has influenced and sustained a tradition of impunity.

 
Turano, Laura C. , The Gender Dimension of Transitional Justice Mechanisms , 43 NEW YORK UNIVERSITY JOURNAL OF INTERNATIONAL LAW AND POLITICS, 1045-1086 (2011).
In this article the author explores the development in international law of crimes of gender-based violence, noting both its progress and its continued limitations. Turano focuses on the ability of transitional justice mechanisms, specifically, criminal prosecutions and truth commissions, to adequately redress harms experienced by women during times of conflict. She argues that while much progress has been made in prosecuting gender based crimes at the ICTY and the ICTR, a focus on crimes of sexual violence towards women ignores many other socio-economic harms that affect women during conflict. The author evaluates the strengths and weaknesses of transitional justice mechanisms in responding to the needs of women and suggests that truth commissions might offer a superior way of ensuring justice for women.
http://nyujilp.org/wp-content/uploads/2013/02/43.4-Turano.pdf

 
Vijeyarasa, Ramona , Putting Reproductive Rights on the Transitional Justice Agenda: The Need to Redress Violations and Incorporate Reproductive Health Reforms in Post-Conflict Development , 15 NEW ENGLAND JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, 41-62 (2009)
The article discussed the importance of a consistent and concerted approach to the recognition of reproductive rights violations in the application of all transitional justice, and proactive inclusion of reproductive rights in post-conflict constitutional, legal, and policy reform. The article is divided into three sections: Part one discusses the international legal foundations for reproductive rights as well as some of the reproductive health issues central to most conflict-ridden societies; Part two discusses reproductive rights violations as considered by tribunals, and a general institutional reform in health sectors; Part three discusses the relationship between the empowerment that results from justice and truth-seeking for women who have suffered reproductive rights violations, and from a country's successful transition to post-conflict stability.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Sellers, Patricia Viseur , International Crimes against Women - Sexual Violence and Peremptory Norms: The Legal Value of Rape , 34 CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW (2002) 287-303.
This lecture was delivered by the Legal Adviser for Gender Related Crimes and Trial Attorney, Office of the Prosecutor at the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR)at the Case Western Reserve University School of Law on March 2, 2002. The lecture addresses whether sexual violence is a peremptory norm under international law. It inquires just how high up the legal hierarchy rape has traveled, and more specifically, what the legal value that international law attaches to the act of rape is now considered to be.

 
Wachala, Kas , The tools to combat the war on women bodies: rape and sexual violence against women in armed conflict , 16(3) THE INTERNATIONAL JOURNAL OF HUMAN RIGHTS, 533-553 (2012)
This article examines how international law regarding sexual violence and armed conflict has developed significantly since the 1990s. Rape and sexual violence was commonplace during conflict in the twentieth and twenty-first centuries and most recently has been used in Darfur, Sudan and in the Democratic Republic of Congo. Both the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia started momentum for the prosecution of sexual violence and rape in armed conflict. Over time, a number of tools have been developed that can be used to combat sexual violence against women in armed conflict, including humanitarian law, the Genocide Convention, laws condemning crimes against humanity, and customary international law. This article analyzes the effectiveness of the tools available and examines how they can be utilized in the future to prevent sexual violence during armed conflict. Kas Wachala, "The tools to combat the war on womens bodies: rape and sexual violence against women in armed conflict" (2012) 16:3 Intl JHR 533.

 
Walker, William M. , Making Rapists Pay: Lessons from the Bosnian Civil War , 12 ST. JOHN'S JOURNAL OF LEGAL COMMENTARY, 449-76 (1997).
This article discusses the longstanding practice of wartime rape. In particular, this article discusses the practice in relation to the work of the International Criminal Tribunal for the former Yugoslavia (ICTY). The article describes the way rape was used as a weapon in the Bosnian Civil War and outlines the United Nations response to this problem. The string of UN Security Council Resolutions beginning in 1992 eventually led to the establishment of the Tribunal in 1993. While the Tribunal is well equipped to prosecute rape as a war crime, it has had difficulties in achieving this end not because of the absence of international legal prohibitions, but because of the international community's tolerance of the practice. The ability of rapists to avoid punishment rests on their ability to intimidate witnesses and victims. Also, authorities have systematically failed to indict more suspects and make more arrests. Prosecution of these and other wartime crimes depend on the will of the international community for their effective implementation.

 
Wing, Adrien Katherine, Merchan, Sylke , Rape, Ethnicity and Culture: Spirit Injury from Bosnia to Black America , 25 COLUMBIA HUMAN RIGHTS LAW REVIEW, 1-48 (1993).
The author argues in this article that the combination of physical and psychological effects of rape inflicts a "spirit injury" on the victim. While criminal or tort law may partially compensate some rape victims for the physical assault, the author contends that the law has never addressed the spirit injuries to the victims or their culture. This article examines the situation of Bosnian Muslims by developing a model of the symptoms of spirit injury drawn from the experience of Black Americans during and after slavery. Part II focuses on the Bosnian conflict, beginning with a review of the history of the conflict and proceeding with an analysis of the systematic rapes as a violation of international law under the Geneva and Genocide Conventions. This section considers the effects of the rapes on the Muslim culture. Part III focuses on slavery and forced miscegenation experienced by Black Americans and compares the symptoms of spirit injury in Black American culture to the symptoms identified in the Bosnian Muslim situation. Part IV postulates possible solutions in terms of multilevel legal and psychological approaches, both on the international and domestic level.
http://www.law-lib.utoronto.ca/Diana/fulltext/wing.pdf

 

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