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E-book
Author Altunjan, Tanja, author

Title Reproductive violence and international criminal law / Tanja Altunjan
Published The Hague : T.M.C. Asser Press, [2021]

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Description 1 online resource (306 pages)
Series International criminal justice series ; volume 29
International criminal justice series ; v. 29.
Contents Intro -- Acknowledgements -- Contents -- 1 Introduction -- 1.1 Aim and Impetus of This Book -- 1.2 Structure -- 1.3 Terminology -- 1.3.1 Sex and Gender -- 1.3.2 Sexualized and Gender-Based Violence -- 1.3.3 Reproductive Violence -- 1.4 Theoretical and Methodological Background -- 1.4.1 International Criminal Law in the International Legal Order -- 1.4.2 Sources and Interpretation of International Criminal Law -- 1.4.3 Feminist Approaches to International Law -- References -- 2 The Foundation: Sexualized Violence in International Law -- 2.1 Introduction
2.2 The Factual Background: Conflict-Related Sexualized Violence -- 2.2.1 Manifestations of Sexualized Violence in Conflict Situations -- 2.2.2 Effects of Conflict-Related Sexualized Violence -- 2.2.3 Causes of Conflict-Related Sexualized Violence -- 2.2.4 Narratives of Conflict-Related Sexualized Violence -- 2.2.5 Summary -- 2.3 International Humanitarian Law -- 2.3.1 Early Developments -- 2.3.2 The Hague and Geneva Conventions -- 2.3.3 Sexualized Violence and the Concept of "Honour" in International Humanitarian Law -- 2.3.4 Summary -- 2.4 International Criminal Law -- 2.4.1 Before World War II
2.4.2 Trials Post-World War II -- 2.4.3 The Cold War Period and Beyond -- 2.4.4 Statutes and Practice of the ad hoc Tribunals -- 2.4.5 The International Criminal Court -- 2.4.6 Other International and Hybrid Courts -- 2.4.7 Summary -- 2.5 International Human Rights Law -- 2.5.1 Human Rights Instruments Focusing on the Protection of Women -- 2.5.2 Soft Law on Sexualized Violence -- 2.6 Conclusion -- References -- 3 Historical Perspectives on Reproductive Violence in International Law -- 3.1 Introduction -- 3.2 The Factual Background: Conflict-Related Reproductive Violence
3.2.1 Historical Overview on Reproductive Violence in Conflict Situations -- 3.2.2 Reproductive Violence and Children Born of Rape in Conflicts -- 3.2.3 Manifestations and Effects of Conflict-Related Reproductive Violence -- 3.2.4 Summary -- 3.3 International Criminal Law -- 3.3.1 The Concept of Reproductive Violence in International Criminal Law -- 3.3.2 Reproductive Violence in Post-World War II Trials -- 3.3.3 Reproductive Violence in the Genocide Convention -- 3.3.4 Reproductive Violence in the Statutes and Practice of Modern International and Hybrid Criminal Courts
3.3.5 Reproductive Violence in Legal Scholarship -- 3.3.6 Summary -- 3.4 International Human Rights Law -- 3.4.1 Reproductive Rights as Internationally Recognized Human Rights -- 3.4.2 Reproductive Violence as a Human Rights Violation -- 3.5 Conclusion -- References -- 4 Reproductive Violence and Genocide -- 4.1 Introduction -- 4.2 Pregnancy-Related Crimes as Genocide: Historical and Conceptual Background -- 4.2.1 The Impetus: Reports from the Former Yugoslavia -- 4.2.2 Rape as an Act of Genocide -- 4.2.3 The Genocidal Nature of Pregnancy-Related Crimes: A "Logical Glitch"?
Summary This book deals with the phenomenon of conflict-related reproductive violence and explores the international legal frameworks capacity to respond to it. The international discourse on gender-based violence in conflicts tends to focus on sexualized crimes, which leads to incomplete narratives of the gendered dimensions of armed conflicts. In particular, international law has often remained silent on conflict-related violence affecting or aimed at the victims reproductive system. The author conceptualizes reproductive violence as a distinct manifestation of gender-based violence and a violation of reproductive autonomy. The analysis explores the historical approaches to reproductive violence and evaluates the current potentials of international criminal law for its prosecution as genocide, crimes against humanity, and war crimes. In this regard, it also develops proposals for a gender-sensitive interpretation of the existing legal framework as well as possible amendments to it. The book is aimed at researchers and practitioners in the fields of international criminal justice and international human rights law with an interest in gender perspectives on international law, sexualized and gender-based violence, and the discourse on reproductive human rights. Tanja Altunjan is a former researcher at Humboldt-Universitat zu Berlin where she obtained her doctoral degree in criminal law
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Rape -- Law and legislation.
Rape as a weapon of war.
Women -- Crimes against -- Law and legislation
Reproductive rights.
Reproductive Rights
Rape as a weapon of war
Rape -- Law and legislation
Reproductive rights
Women -- Crimes against -- Law and legislation
Genre/Form Electronic books
Form Electronic book
ISBN 9789462654518
9462654514