基本説明
Increasing duties are placed on states, not only to prevent rape through the enactment of criminal laws, but to adopt specific elements of the crime in domestic legislation. This study systematises and analyses such emerging obligations in international law.
Full Description
The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor.
Contents
Excerpt of table of contents:
Part I: Introduction
1 The Definition of Rape in an International Perspective;
Part II: Elements of the Crime of Rape: A Contextual Approach
2 The Prohibition of Rape in Domestic Criminal Law: An Historical Overview; 3 The Harm of Sexual Violence; 4 Elements of the Crime of Rape; 5 Sexual Violence in Context;
Part III: An International Human Rights Law Perspective
6 State Obligations to Prevent and Punish Rape; 7 The Recognition of Rape as a Violation of International Human Rights Law;
Part IV: An International Humanitarian Law and International Criminal Law Perspective
8 International Humanitarian Law; 9 International Criminal Law;
Part V: The Prohibition of Rape - Closing the Gap between International Human Rights Law and International Humanitarian Law?
10 The Interplay between International Human Rights Law and International Humanitarian Law;
Part VI: A Cultural Perspective
11 Cultural Relativism and Obstacles to a Uniform International Definition of Rape;
Part VII: Conclusions - Emerging Obligations in Defining the Crime of Rape?
12 Concluding Summary and Remarks;
References; Bibliography; Index.
