Download e-book for kindle: Defining Rape: Emerging Obligations for States under by Maria Eriksson

By Maria Eriksson

ISBN-10: 9004202633

ISBN-13: 9789004202634

The crime of rape has been general in all contexts, no matter if devoted in the course of armed clash or in peacetime, and has principally been characterized via a tradition of impunity. overseas legislations, via its branches of overseas human rights legislation, overseas humanitarian legislations and overseas felony legislations, has more and more condemned such violence and is gradually obliging states to avoid rape, no matter if devoted by way of a nation agent or a personal actor. while the prohibition of rape has been always recognized in those parts of legislation, the definition of the offence has been a later predicament to foreign legislations. makes an attempt to outline the crime have, in spite of the fact that, been made by means of the ad hoc tribunals (International felony Tribunal for Rwanda and the overseas legal Tribunal for the previous Yugoslavia), local human rights courts and UN treaty our bodies. expanding tasks are therefore put on states, not just to avoid rape during the enactment of legal legislation, yet to undertake particular components of the crime in household laws. This examine systematises and analyses such rising responsibilities in foreign legislations. This ends up in overarching questions about the fragmentation and harmonisation of norms among numerous regimes in foreign legislations.

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See Prosecutor v. Erdemovic, 7 October 1997, ICTY, Case No. pdf>, visited on 10 November 2010, para. 57. Bassiouni, supra note 53, p. 770. Jennings, supra note 80, p. 39. W. Schabas, The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone (Cambridge University Press, Cambridge, 2006), p. 102. See also U. Fastenrath, ‘Relative Normativity in International Law’, in M. ), Sources of International Law (Ashgate, Dartmouth, 2000), p. 168, Schachter, supra note 83, p.

A No. 07_lotus/>, visited on 7 November 2010, p. 28 (states had not abstained from prosecuting wrongful acts aboard ships because they felt prohibited from doing so); North Sea Continental Shelf Cases, supra note 61, pp. 43-44. Also Jean-Marie Henckaerts notes that opinio iuris becomes especially important in cases where the practice is ambiguous, which is often the case of omissions. See Henckaerts, supra note 42, p. 182. g. mentioned in the ICRC Study on Customary International Humanitarian Law.

G. S. Lotus (France v. Turkey), 7 September 1927, PCIJ, Ser. A No. 07_lotus/>, visited on 7 November 2010, p. 28 (states had not abstained from prosecuting wrongful acts aboard ships because they felt prohibited from doing so); North Sea Continental Shelf Cases, supra note 61, pp. 43-44. Also Jean-Marie Henckaerts notes that opinio iuris becomes especially important in cases where the practice is ambiguous, which is often the case of omissions. See Henckaerts, supra note 42, p. 182. g. mentioned in the ICRC Study on Customary International Humanitarian Law.

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Defining Rape: Emerging Obligations for States under International Law? by Maria Eriksson


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