HASTINGS WOMEN'S LAW JOURNAL

In 2003, women and girls in the village of Bogoro in the Democratic Republic of Congo were sexually enslaved. Leader Germain Katanga was brought before the International Criminal Court (ICC0 on a number of charges. Even though there was sufficient evidence, forced marriage was not charged due to lack of international jurisprudence and lack of recognition of forced marriage as a crime against humanity. This article examines the history of international prosecution of sexually-based crimes and discusses the precedents set by the International

The beginning of this article defines what is currently meant by "reproductive rights" and describes how the concept of reproductive rights developed in international law. The author notes that the existence of laws ensuring reproductive freedom and choice is no guarantee that reproductive health will be attained as there exist institutional, legal, and social barriers to the enjoyment of reproductive freedom and choice.

This article utilizes a psychological or behavioural perspective to analyze the domestic violence laws in the United States and concludes that at the very least, states should amend child custody laws to include mental abuse in their definition of domestic violence. The author uses "mental abuse" to refer to verbal, emotional, and psychological abuse, and discusses each of these in turn. The article explains the behavioural approach to law and establishes background information on the phenomenon of domestic violence. Major theories of domestic violence that have been

This article is a proposal submitted to the judges of the International Criminal Tribunal for the former Yugoslavia (ICTY) for the purpose of influencing the rules adopted by the Tribunal for the prosecution of rape and other sex crimes. The proposal advocates rules to enhance the chances that the first international prosecution of rape under the jurisdiction of the ICTY will be effective, tolerable, and just for survivors without sacrificing the legitimate rights of the accused.

This article begins with examples of the human rights of women being violated simply because they are women. The subsequent review of United States immigration and asylum law on gender-based persecution looks to the necessity of incorporating international law within the US law. Part I reviews the international human rights instruments relevant for the protection of women and Part II reviews the US asylum law. The article then moves to consider specific elements of the refugee definition and how they are being applied with the US.

Using examples of traditional or customary laws pertaining to marriages in Egypt, South Africa, and the United States, the author argues that legal pluralism discriminates against women and violates their human rights. In allowing traditional or customary law to be applied in these countries to specific groups, instead of the national law like other citizens, the author contends that women are relegated to a lower status than men.

This article examines the evolving legal status of rape and other forms of sexual violence such as forced prostitution and forced pregnancy in war. Part I addresses whether these gender crimes are fully recognized as war crimes under the Geneva Conventions, the cornerstone of what is called "humanitarian law" or the law governing the laws of war. This process requires an examination of whether rape is viewed as a grave breach of the Geneva Conventions and, whether within that framework, it is treated as a form of torture.

This article argues that in spite of a burgeoning international feminist movement, a methodology for comparing women's rights that takes into consideration cultural difference has not yet been developed. The author proposes a methodology for comparing the legal rights, status and experiences of women from different cultures, using critical race feminism. The article sets out a three-step process for deriving meaningful comparisons and contrasts on how laws affect women. These methods are aimed at widening traditional analytical perspectives, while minimizing ethnocentricity.

The author discusses asylum law as a way to assist trafficked women in the US. She discusses the Victims of Trafficking and Violence Protection Act of 2000 and notes that anti-trafficking legislation tends to frame trafficking as a criminal or immigration issue while marginalizing women's human rights. In order to more effectively protect women's human rights, she maintains that anti-trafficking approaches should be women-centered.