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1. The Legacy of the International Criminal Tribunals for the Former Yugoslavia and Rwanda and Their Contribution to the Crime of Rape

Author:
Alexandra Adams
Publication Date:
07-2018
Content Type:
Journal Article
Abstract:
The article analyses the over 20 years’ jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda with respect to the crime of rape. It discusses how the attitude towards the prosecution of sexual crimes has changed since the Tribunals work began and what impact its jurisprudence has had on other attempts to define rape (elements of crime [EOC]). The article explores in depth the various definitions of rape given by the different chambers of both Tribunals. Consequently, it examines if the ultimate definition of the Kunarac chamber will prevail in international law. Not only are the weaknesses of the Kunarac definition that followed a pure consent approach revealed but the EOC of rape that opted for a combination of the coercion approach with one aspect of the lack-of-consent doctrine (incapacity) also face criticism. This leaves only one response – namely, that the elements of rape in international criminal law today can only be based upon a newly conducted comparison of national laws, thereby reflecting the general principles of the major legal systems of the world. The strongest accomplishment of both Tribunals concerning the crime of rape therefore lies not in the clarification of the elements of rape but, rather, in the revelation of a law-finding method, which is indispensable to the rudimentary field of international criminal law.
Topic:
International Law, War Crimes, Gender Based Violence, Courts, and Rape
Political Geography:
Europe, Yugoslavia, and Rwanda

2. The role of parliaments in NATO member countries in advancing the Women, Peace and Security agenda

Author:
Sarah Ferbach, Audrey Reeves, Callum Watson, and Léa Lehouck
Publication Date:
01-2018
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Since 2007, the NATO Parliamentary Assembly has pursued an original and ground-breaking approach of mapping the distinctive contribution of its member parliaments to advancing the women, peace and security (WPS) agenda. Following on from previous reports in 2013 and in 2015, this study provides an up-to-date analysis of the 28 national responses to the NATO Parliamentary Assembly WPS survey in 2018. The main findings are as follows: 1. There was an increase in parliaments’ reported activity in the field of WPS, from 81% of respondents reporting some degree of involvement in 2015 to 100% in 2018. Countries with a National Action Plan (NAP) on Women, Peace and Security remain twice as active as countries without a NAP. 2. Of all participating delegations, 91% report that women recently occupied prominent functions related to peace and security in their parliament, thus contributing to enhancing women’s leadership in public debate on peace and security. 3. Parliamentary reports suggest that their engagement as legislative and oversight bodies has remained stable or slightly decreased in quantitative terms. Encouragingly, this engagement has nonetheless diversified in qualitative terms. Parliaments now report the development of legislation and resolutions on a greater variety of WPS themes and 36% mention using two or more monitoring mechanisms in overseeing the implementation of the WPS agenda, an increase from 24% in 2015. 4. Parliaments of NATO member countries have taken up NATO policy recommendations regarding dialogue with civil society organisations and cooperation with other NATO member states, with 17 delegations (61% of respondents) now reporting some activity in this area. The report includes full details and analysis of the survey responses as well as recommendations for parliaments in NATO member countries going forward.
Topic:
Security, Defense Policy, Development, Gender Issues, Refugee Issues, Peacekeeping, Women, and Gender Based Violence
Political Geography:
Geneva, Europe, and United Nations

3. Pervasive Gender-Based Violence in Ukraine

Author:
Jessica Ruch
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
A wife must listen to man and do as he says. She belongs to him now,” my colleague quietly translated as the young couple held hands before the priest. This wedding was just one personal experience of a Peace Corps volunteer in a southeast village, however, research shows systematic discrimination against women and a widespread prevalence of gender based violence (GBV) in Ukraine. The UN reports that 90% of violent cases are against women and though the government has introduced initiatives and ratified laws to prevent and protect against GBV, the country faces major obstacles inhibiting prevention and survivor protection. Domestic violence (DV) and intimate partner violence, sexualized violence, sexual harassment, and human trafficking are the four most pervasive types of GBV in Ukraine. Like many other countries, DV and IPV are taboo and veiled from public and private discussions in Ukraine. The myths encouraging victim blaming in family violence and normalization of violence is still widespread in society. Comprehensive DV data was not collected until the EU and UNDP’s 2009 study, which revealed that nearly 1/3 of adults experienced DV as children and 44% of women experienced DV in their lifetime. Men were more likely to experience DV as children, and women as adults. Seventy-five percent of DV survivors never sought help and only 1-2% contacted NGOs or social services. Information on the status and response to sexualized violence is vague and unsubstantiated. The Ukrainian government reports that service providers are trained to deliver physical and psychological care to sexual assault survivors, but the EU’s Gender Equality Commission concludes that there are no services which ensure immediate care, trauma support or counseling, nor are services free or accessible to all survivors. The NGO, Women Against Violence in Europe reports that there are no permanent centers supporting survivors of sexual assault.
Topic:
Gender Issues, Gender Based Violence, Sexual Violence, and NGOs
Political Geography:
Europe, Ukraine, and Eastern Europe

4. Anti-Discrimination Exceptionalism: Racist Violence before the ECtHR and the Holocaust Prism

Author:
Ruth Rubio-Marín and Mathias Möschel
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
Over the past years, the European Court of Human Rights has significantly developed and strengthened its Article 14 non-discrimination jurisprudence, including in a number of ground-breaking international law cases establishing increased state responsibility with regard to ethnic segregation in education and gender violence. However, in the type of cases that constitute a large part of its non-discrimination case load, namely physical violence against racial minorities, the Court has so far failed to adequately address Article 14 discrimination claims raised by the victims. We posit that this could be caused in part by what we call the ‘Holocaust Prism’. Put briefly, the experience of the Holocaust has shaped the manner in which continental European courts understand racism and race discrimination, at least (or especially) when it is combined with violence. Paradoxically, this entails that in the most heinous cases of race discrimination, the discrimination threshold is raised to the level of criminal conduct. Moreover, to the extent that it is, only the ethnic dimension of such discrimination is foregrounded even in cases that present obvious intersectional (for example, ethnicity plus gender) dimensions. We exemplify this phenomenon by discussing recent case law on forced sterilization of Roma women and argue that the Court should become aware of this issue, recognize intersectional discrimination and align its case law on racist violence with the discrimination doctrine emerging in its gender violence and educational race segregation cases, both for the sake of internal consistency and to better capture the structural nature of racial discrimination in Europe.
Topic:
International Law, Ethnicity, Gender Based Violence, Holocaust, Roma, and Discrimination
Political Geography:
Europe and Czech Republic

5. Domestic Violence as a Human Rights Issue: Rumor v. Italy

Author:
Ronagh J.A. McQuigg
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article focuses on the recent developments concerning domestic violence within the context of the Council of Europe. Since 2007, the European Court of Human Rights has issued a series of important judgments in cases involving domestic violence. The most recent of these is Rumor v. Italy, in which the Court issued its judgment on 27 May 2014. The article analyses this case in the context of the Court’s previous jurisprudence on domestic violence. In addition, on 1 August 2014, the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence entered into force, and the article will include a number of reflections on the potential held by this Convention. No violation of the European Convention on Human Rights was found in Rumor; however, the question of whether Italy would have been in breach of the provisions of the new Convention, to which it is a party, had this Convention been in force at the time of the relevant events, will be examined.
Topic:
Human Rights, International Law, Women, Gender Based Violence, and Courts
Political Geography:
Europe and Italy

6. Survivors Speak: Reflections on Criminal Justice System Responses to Domestic Violence in Bosnia and Herzegovina

Author:
Majda Halilović and Heather Huhtanen
Publication Date:
01-2015
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Domestic violence has increasingly been recognized as a societal problem and a criminal act as opposed to a private family matter. This is demonstrated by legislation that criminalizes acts of family violence and promotes gender equality and human rights. The question remains, however, whether criminal justice system professionals (police, prosecutors and judges) are applying existing legislation intended to hold perpetrators accountable, protect victims and their children and ultimately interrupt the damaging intergenerational pattern of domestic violence. This research explores the experiences of survivors of systematic domestic violence and contrasts those stories with common theories on the causes of domestic violence and criminal justice system practices in Bosnia and Herzegovina. The resulting publication reveals the extent to which systematic domestic violence is not appreciated as a serious criminal violation, and as a result, places victims, their children and the community at increased risk. Survivors Speak goes on to concretely identify evidence based risk factors within cases of domestic violence, validated through qualitative research in BiH. These risk factors can be used by criminal justice system professionals to appropriately assess and tailor the police, prosecutorial and judicial response to domestic violence, thereby enhancing victim and community safety and interrupting the intergenerational cycle of domestic violence
Topic:
Crime, Gender Issues, Human Rights, Law Enforcement, Gender Based Violence, Memory, and Violence
Political Geography:
Geneva, Europe, Eastern Europe, and Bosnia and Herzegovina