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Rape, Sexual Violence and Transitional Justice Challenges

Rape, Sexual Violence and Transitional Justice Challenges
Author: Janine Natalya Clark
Publisher: Routledge
Total Pages: 194
Release: 2017-09-01
Genre: Law
ISBN: 1351718576

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It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.


Sexual Violence and Effective Redress for Victims in Post-Conflict Situations: Emerging Research and Opportunities

Sexual Violence and Effective Redress for Victims in Post-Conflict Situations: Emerging Research and Opportunities
Author: Sikulibo, Jean de Dieu
Publisher: IGI Global
Total Pages: 328
Release: 2019-01-25
Genre: Social Science
ISBN: 1522581952

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All too often in situations of armed conflicts, rape and other acts of sexual violence are used as military tactics. The use of sexual violence as a strategy of war is distinctively destructive and not only leaves victims with significant psychological scars but also tears apart the fabric of families and affected communities. Sexual Violence and Effective Redress for Victims in Post-Conflict Situations: Emerging Research and Opportunities is a collection of innovative research that analyzes these crimes and their implications for the needs of victims in post-conflict justice processes and how these needs can be effectively addressed in order to support the affected community. To conduct this analysis, it explores the distinct aspects of these crimes to understand the nature and extent of the social challenges and damage facing the victim, and examines the challenges and limitations of international criminal justice in dealing with a wide range of victim needs. While highlighting topics including judicial accountability, victims’ rights, and criminal justice, this book is ideally designed for psychologists, therapists, government officials, academicians, policymakers, and researchers.


Rethinking Transitional Gender Justice

Rethinking Transitional Gender Justice
Author: Rita Shackel
Publisher: Springer
Total Pages: 394
Release: 2018-10-08
Genre: Social Science
ISBN: 3319778900

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This book draws together established and emerging scholars from sociology, law, history, political science and education to examine the global and local issues in the pursuit of gender justice in post-conflict settings. This examination is especially important given the disappointing progress made to date in spite of concerted efforts over the last two decades. With contributions from both academics and practitioners working at national and international levels, this work integrates theory and practice, examining both global problems and highly contextual case studies including Kenya, Somalia, Peru, Afghanistan and DRC. The contributors aim to provide a comprehensive and compelling argument for the need to fundamentally rethink global approaches to gender justice.


Prosecuting Conflict-related Sexual Violence at the ICTY

Prosecuting Conflict-related Sexual Violence at the ICTY
Author: Serge Brammertz
Publisher: Oxford University Press
Total Pages: 545
Release: 2016
Genre: History
ISBN: 0198768567

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Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.


Gender in Transitional Justice

Gender in Transitional Justice
Author: S. Buckley-Zistel
Publisher: Springer
Total Pages: 299
Release: 2011-11-30
Genre: Political Science
ISBN: 0230348610

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Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.


Resilience, Conflict-Related Sexual Violence and Transitional Justice

Resilience, Conflict-Related Sexual Violence and Transitional Justice
Author: Janine Natalya Clark
Publisher: Taylor & Francis
Total Pages: 253
Release: 2022-10-18
Genre: Law
ISBN: 1000799034

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This interdisciplinary book constitutes the first major and comparative study of resilience focused on victims-/survivors of conflict-related sexual violence (CRSV). Locating resilience in the relationships and interactions between individuals and their social ecologies (including family, community, non-governmental organisations and the natural environment), the book develops its own conceptual framework based on the idea of connectivity. It applies the framework to its analysis of rich empirical data from Bosnia-Herzegovina, Colombia and Uganda, and it tells a set of stories about resilience through the contextual, dynamic and storied connectivities between individuals and their social ecologies. Ultimately, it utilises the three elements of the framework – namely, broken and ruptured connectivities, supportive and sustaining connectivities and new connectivities – to argue the case for developing the field of transitional justice in new social-ecological directions, and to explore what this might conceptually and practically entail. The book will particularly appeal to anyone with an interest in, or curiosity about, resilience, and to scholars, researchers and policy makers working on CRSV and/or transitional justice. The fact that resilience has received surprisingly little attention within existing literature on either CRSV or transitional justice accentuates the significance of this research and the originality of its conceptual and empirical contributions. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.


Sexual Violence during War and Peace

Sexual Violence during War and Peace
Author: J. Boesten
Publisher: Springer
Total Pages: 238
Release: 2014-04-16
Genre: Social Science
ISBN: 1137383453

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Using the Peruvian internal armed conflict as a case study, this book examines wartime rape and how it reproduces and reinforces existing hierarchies. Jelke Boesten argues that effective responses to sexual violence in wartime are conditional upon profound changes in legal frameworks and practices, institutions, and society at large.


Sexual Violence as an International Crime

Sexual Violence as an International Crime
Author: Anne-Marie de Brouwer
Publisher: Intersentia NV
Total Pages: 0
Release: 2013
Genre: Humanitarian law
ISBN: 9781780680026

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"This edited volume focuses on developments in recognizing, investigating, and prosecuting cases of sexual violence in (post-)conflict situations from an interdisciplinary angle."--P. 4 of cover.


Sexual Violence as a Weapon of War

Sexual Violence as a Weapon of War
Author: Jean De Dieu Sikulibo
Publisher:
Total Pages: 0
Release: 2016
Genre:
ISBN:

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All too often in situations of armed conflicts, rape and other acts of sexual violence are used as a military tactic. The use of sexual violence as an element of war strategies is distinctively destructive, and not only leaves victims with significant challenges to cope with their victimisation but also tears apart the fabric of families and affected communities. Challenges facing victims in post-conflict settings are often compounded by the socio-cultural contexts in which such crimes are committed. In fact, the dynamics of conflict-related sexual violence are often highly entrenched within local contexts, making these crimes not only an effective weapon for destroying the lives of individual victims but also add a new component to the social disruption, and exacerbate the devastating impact of armed conflicts on affected communities. This research contributes to the current debate on mechanisms to ensure effective redress for victims of sexual violence as a weapon of war. It adds to the growing literature on the issue in two ways: First, it explores the distinct aspects of these crimes to understand the nature and extent of the needs of the victims in post-conflict settings. Second,it examines the challenges and limitations of international criminal justice in dealing with a wide range of the victims' needs, and provides critical insight into how such limitations can be addressed through domestic transitional justice processes. This study demonstrates that, despite recent developments in international criminal justice with respect to victims, the international criminal justice system is faced with significant limitations in its effort of providing justice and redress to victims of sexual violence as a military tactic, requiring alternative transitional justice processes to complement it domestically. It argues that effective redress for victims of sexual violence as a weapon of war demands more than addressing the victims' justice and reparative needs but also to attend to the complex social dimensions of these crimes. The study, therefore, further explores the strengths and weaknesses of an increasing range of domestic transitional justice approaches to accountability and reconciliation and demonstrates their potential in advancing effective redress for victims of such crimes. The thesis advances an argument that, considering the nature and patterns of sexual violence as a weapon of war, a full range of transitional justice processes must be considered to address the dynamics and complex impact of these crimes on victims and affected communities. The pursuit of redress must include an element of societal change to empower victims and breakdown a myriad of social impacts on them after conflicts. This study is a significant contribution toward understanding of a holistic response to the needs of victims and societies torn apart by mass sexual violence as a weapon of war.


New Critical Spaces in Transitional Justice

New Critical Spaces in Transitional Justice
Author: Arnaud K. Kurze
Publisher: Indiana University Press
Total Pages: 306
Release: 2019-01-10
Genre: Political Science
ISBN: 0253039932

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Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.