MCGILL LAW JOURNAL

The author argues that wartime sexual violence is now more visible as it is within the ambit of international criminal law under the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). The author also discusses how Statute of the International Criminal Court (ICC) has also had a significant impact on the treatment of sexual violence under international law by codifying sexual and gender crimes and bringing them within the jurisdiction of the ICC, along with procedural safeguards to ensure that female victims and witnesses are adequately protected.

This article begins by noting that the development and use of new reproductive technologies (NRTs) is often justified by appealing to the right to reproduce. The author finds that a right to procreate does not exist under Canadian law or international law. The author argues that legislators should not provide formal protection for such a right because it would be legally and morally problematic to do so. An examination is made of other procreative rights claims and of the concepts that underlie arguments about reproductive entitlement.

This article examines the question of whether or not traditional cultural practices, particularly female genital operations (FGO), can be legitimately criticised on the basis of international human rights norms. The author's approach in this article emphasizes the importance of understanding cultural and historical differences. The author begins by considering the cultural arguments that have been used either to justify or condemn FGO.

This article first analayzes the recommendations in the report of the Royal Commission on New Reproductive Technologies regarding judicial interventions in pregnancy. The author then offers an overview of the proposals set forward in academic writing that support these interventions in a wide variety of areas and addresses corresponding jurisprudence on issues such as coerced medical treatment of pregnant women and criminalization of women's conduct during pregnancy.

This article applies feminist theory to an understanding of liberty rights using the Canadian case of R v. Morgentaler case and its claim for reproductive control under the Canadian Charter of Rights and Freedoms (Section 7). The author begins by examining the reasoning of various judicial opinions delivered in the Morgentaler case. The author then provides an overview of certain tenets of feminist theory in order to establish the premises of the equality-based arguments behind feminist theorizing.