| Description |
1 online resource (372 pages). |
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text txt rdacontent |
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computer c rdamedia |
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online resource cr rdacarrier |
| Series |
International Humanitarian Law Series |
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International humanitarian law series.
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| Note |
Print version record. |
| Summary |
Sexual violence is a particular brand of evil that women have endured-more than men-during armed conflicts, through the ages. It is a menace that has continued to challenge the conscience of humanity-especially in our times. At the international level, basic laws aimed at preventing it are not in short supply. What is needed is a more conscious determination to enforce existing laws. This book explores ways of doing just that; thereby shoring up international legal protection of women from sexual violence in armed conflicts. |
| Language |
In English. |
| Contents |
International Law and Sexual Violence in Armed Conflicts; Copyright; Contents; Acknowledgments; Foreword; Prologue; Introduction; Chapter 1: Aetiology of Evil in Armed Conflicts; The Evil of War; A General Review of Human Capacity for Evil in Armed Conflicts; The Situational Theory of Evil; Hanna Arendt; Zygmunt Bauman, Stanley Milgram and Philip Zimbardo; The Dispositional Theory of Evil; Daniel Goldhagen; C Fred Alford; The Narcissistic Theory of Evil; The Eclectic Theory of Evil; Aetiology of Evil Viewed in the Context of the Law; Intent as Limiting the Theories of Aetiology of Evil. |
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Uses in the Post-Conflict Quest for Justice and ReconciliationHuman Capacity for the Evil of Sexual Violence in Armed Conflicts; A Legislative Fact Amply Proved; Aetiology of the High Frequency of Sexual Violence during Armed Conflicts; The Theory of Inevitability of Sexual Violence during Armed Conflicts; An Evolutionary Theory of Rape; The Theory of Opportunism of Sexual Violence during Armed Conflicts; The Theory of Deliberate Policy of Sexual Violence during Armed Conflicts; Sexual Violence Traditionally Articulated as Policy. |
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Sexual Violence Not Often Articulated as Policy-Systematic Connivance or CondonationConclusion; Chapter 2: Superior Responsibility for the Rape of Women during Armed Conflicts; Introduction; The Law as It Should Be; The Law as It Is; The Requirement of Knowledge; Routes around the Difficulties of the Lex Lata; Joint Criminal Enterprise; Much Ado About Joint Criminal Enterprise; Ordering; Planning and Instigating; Aiding and Abetting; Arguable Limits of Routes around the Difficulties of the Lex Lata; Superior Responsibility and the Duty to Punish; Conclusion. |
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Chapter 3: Defining Rape in International Criminal Law: An Unsettled Tug of War?Introduction; Primary Focus on the Violence of the Occasion; Reversion to Focus on Body Parts and Consent; Caught between Violence and Body Parts; Rape Law Reform in Domestic Jurisdictions; The Problems with Kunarac; Conclusion; Chapter 4: Rape as Genocide and Some Questions Arising; Introduction; Rape as Genocide in Light of the Debate regarding Intent to Destroy the Group in Whole or in (Substantial) Part; The Effect of the Debate on the Concept of Rape as Genocide; Joint Criminal Enterprise and Rape as Genocide. |
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ConclusionChapter 5: Armed Conflicts, Sexual Violence and the Mens Rea of the War Crime of Terrorism; Introduction; The Conventional Source of the War Crime of Terrorism; The Origins of the Jurisprudence of Specific Intent; Terrorism and the Mens Rea of Sexual Slavery; (a) The Primary Purpose of Spreading Terror and the Nature and Circumstances of the Acts; (b) The Multi-Purpose Approach; (c) A Holistic View of Attack: A Campaign of Terror; Terrorism and Specific Intent: a Matter of General Principle; A Purposive Analysis of Terrorism as War Crime. |
| Note |
This work is licensed by Knowledge Unlatched under a Creative Commons license https://creativecommons.org/licenses/by-nc/4.0/legalcode |
| Subject |
Rape as a weapon of war.
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War crimes.
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War (International law)
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Rape.
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International criminal law.
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International crimes.
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Viol comme arme de guerre.
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Crimes de guerre.
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Guerre (Droit international)
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Droit international pénal.
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LAW -- International.
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POLITICAL SCIENCE -- Human Rights.
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LAW -- International.
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International crimes
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International criminal law
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Rape
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Rape as a weapon of war
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War crimes
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War (International law)
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| Indexed Term |
international law. |
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political science. |
| Other Form: |
Print version: 9789004202627 |
| ISBN |
9789004227224 (electronic bk.) |
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9004227229 (electronic bk.) |
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9789004202627 |
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9004202625 |
| Standard No. |
AU@ 000055844823 |
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DEBBG BV044168265 |
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DEBSZ 431220298 |
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GBVCP 101494418X |
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