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Date: April 29, 2024 Mon
Time: 9:55 pm
Time: 9:55 pm
Results for international criminal courts
2 results foundAuthor: Aptel, Cecile Title: Children and Accountability for International Crimes: The Contribution of International Criminal Courts Summary: This paper analyses the extent to which international and ‘mixed’ or ‘hybrid’ criminal courts, in particular the International Criminal Court (ICC), have focused on crimes against children and dealt with children as victims, witnesses and potential offenders. The paper underlines the major role played recently by international courts, notably the Special Court for Sierra Leone, followed by the ICC, in criminalizing as war crimes the conscription or enlistment of children and their use to participate actively in hostilities. The Special Court was the first to hand down convictions for these crimes. The first cases before the ICC also concern the unlawful recruitment of children or their use in hostilities, bringing these crimes to the fore. Details: Florence, Italy: United Nations Children's Fund, Innocenti Research Centre, 2010. 50p. Source: Internet Resource: Innocenter Working Paper, IWP 2010-20: Accessed December 7, 2010 at: http://www.unicef-irc.org/publications/pdf/iwp_2010_20.pdf Year: 2010 Country: International URL: http://www.unicef-irc.org/publications/pdf/iwp_2010_20.pdf Shelf Number: 120396 Keywords: International Criminal CourtsJuvenile Justice |
Author: Amnesty International Title: Rape and Sexual Violence: Human Rights Law and Standards in the International Criminal Court Summary: This document identifies how the crimes of rape and sexual violence must, as a requirement of its own statute and a matter of international human rights law, be interpreted and applied with equality between men and women by the International Criminal Court (the Court). The Court has yet to rule on this matter in its jurisprudence. Such incorporation of human rights law and standards in the prosecution of rape and sexual violence should be undertaken by other international courts, as well as national courts, in order to discharge states’ duties under treaty and customary law. In order to incorporate human rights law and standards in its practice, the Court’s interpretation of the definition of the crimes should address the behaviour and actions of the perpetrator, and how this affects the victim’s ability to exercise free and genuine choice, that is, to enjoy his or her human right to physical and mental integrity and sexual autonomy, without discrimination. The Court’s deliberation should not just address the victim’s purported ‘consent’ in isolation. Human rights law and standards requires that investigations and prosecutions of the crimes of rape and sexual violence must be undertaken with careful attention given to the task of challenging stereotypes, which tend to undermine women’s equality before the law. The integrity of investigations and prosecutions should not be tainted by stereotypical assumptions, including assumptions about sexual violence towards men and boys, as well as towards women and girls. All references to the term ‘consent’ within the Elements of Crimes must be interpreted consistently with a fuller, more accurate and human-rights based understanding of the word consent – that a consensual decision is a decision made without force, threat of force, coercion, or taking advantage of a coercive environment. Where evidence of force, threat of force or coercion is present, there should absolutely be no additional element of law of consent for the prosecution to prove. Acts of rape which are committed in the jurisdiction of the Court can be identified as war crimes and crimes against humanity of rape and torture. The requirement in human rights law to eradicate stereotypes requires all acts of rape within the jurisdiction of the Court to be prosecuted as torture, in order to address stereotypical assumptions that rape, particularly rape of women and girls, is not a serious crime, and to acknowledge and make clear the perpetrators’ use of rape and sexual violence to intimidate, discriminate and humiliate victims. Details: London: Amnesty International, 2011. 47p. Source: Internet Resource: Accessed April 15, 2012 at http://www.amnesty.org/en/library/asset/IOR53/001/2011/en/7f5eae8f-c008-4caf-ab59-0f84605b61e0/ior530012011en.pdf Year: 2011 Country: International URL: http://www.amnesty.org/en/library/asset/IOR53/001/2011/en/7f5eae8f-c008-4caf-ab59-0f84605b61e0/ior530012011en.pdf Shelf Number: 124947 Keywords: Human RightsInternational Criminal CourtsLegislationRapeSexual Assault |