The International Criminal Court and the protection measures for victims of sexual violence
The first session of the Preparatory Committee commenced on March 25th, 1996. Its purpose was to discuss the draft statute of the ICC. In spite of current international laws (especially the innovative TPI) sexual crimes were close to being ignored or were relegated to historical categorization of crimes of second rank. This prospect alarmed NGOs who mobilized themselves in February 1997. In the last three hundred years NGOs have come together in the Forum of Justice for Women. Its function included reminding states about their commitments made at Vienna and Beijing conferences (that were held to promote the safety of women and children in international conflict zones) in 1993 and 1995 respectively.
The definition of rape and sexual violence has been the subject of numerous discussions. Discussions also focus on defining various sexual crimes. It is regarding as violation of international humanitarian law. Rape and sexual violence were classified (with regard to war crimes) under the category of 'violation of personal dignity'. Due to enormous pressure on them, these acts (which included rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and other forms of sexual violence) were included in the Rome Statute both as war crimes and as crimes against humanity. The criminalization of forced pregnancy and the issue of persecution based on gender is the subject of lively debates. Following the Rome Conference, the adoption of the Statute of the ICC was established as a preparatory commission. As its name suggests it prepares for the establishment of a future Court. The final text of the draft of the elements of the crimes was adopted at the end of the fifth session of the Preparatory Commission in June 2000.
It was not difficult to define the term ‘sexual slavery’, its definition was largely modeled on that of 'enslavement'. In fact, the main controversy was the list of examples of ownership rights. The original proposal that contained the elements of the crimes stated simply: "The perpetrator who exercised any or all of the powers associated with ownership, such as purchasing, selling, lending or bartering said one or subjects, or by imposing a similar deprivation of liberty. "
This provision has caused a stir among NGOs as they fear that a reduced definition of sexual slavery to confining it to a transactional dimension will excluding all other situations. So they added the following: "It is understood that such deprivation of liberty may, in some circumstances, include exacting forced labor or otherwise reducing a person to a servile status as is defined in the 1956 Supplementary Convention on the Abolition of Slavery. It is also understood that the conduct described in this element includes trafficking in persons, especially women and children. "
The conflict in the former Yugoslavia is a clear example of the practice of forced pregnancy. Many women were raped with the purpose of causing pregnancy. Of all crimes, forced pregnancy is undoubtedly the one that caused the most debate in part because of the issue of voluntary interruption of pregnancy (abortion). Catholic lobbies recognized that forced pregnancy would mean accepting abortion. Some countries feared that the inclusion of this crime would have an impact on their domestic laws that related to abortion.
«Introduction.. Scottish government consultation.. Observations and recommendations.. Conclusion..»
«The tension between the rights of the accused and a vulnerable witness has remained a problematic balance to address through the criminal justice system. The enshrined presumption of innocence imposes a burden of proof set "beyond reasonable doubt ", further bolstered by the European Convention of...»
«Executive summary. Introduction. Perspectives on honor killing. The context of family and the states pretext for non-intervention. Honor killings as extreme acts of domestic violence. The Quran and the freedom of religion. How Prophet Mohammad followed the spirit of freedom of religion. Quran:...»
«In recent years there have been a spate of killings in the UK characterized by the family members killing their own daughters or one of the female family members. These killings have one theme in common: a female member is generally killed by her family brutally for transgressing family code. These...»
«Introduction. About Ireland. Events. Conclusion.»
«For centuries, Ireland and Britain have had closely intertwined histories and relations. Ireland, as we know it today, has been influenced tremendously by its relations with Britain. It is known as a place of religious and cultural tension, much of which dates back to the eighteenth and nineteenth...»
«Introduction. Article 47 Protocol I Additional to the Geneva Conventions. The Gurkhas and the French Foreign Legion . The French Foreign Legion. The Gurkhas and the FFL: Mercenaries ?. To what extent the UN Convention on Mercenaries develops the law in this area. As to the definition of...»
«Critically analyse the prohibition against the use of mercenaries in Article 47 of API. - Would the Brigade of Gurkhas or the French Foreign Legion be considered as mercenaries under this definition ? - Evaluate the extent to which the UN Convention on Mercenaries develops the law in this...»