Defining Rape: Emerging Obligations for States under by Maria Eriksson

By Maria Eriksson

The crime of rape has been widespread in all contexts, even if devoted in the course of armed clash or in peacetime, and has mostly been characterized via a tradition of impunity. overseas legislations, via its branches of overseas human rights legislations, overseas humanitarian legislation and foreign legal legislations, has more and more condemned such violence and is gradually obliging states to avoid rape, even if devoted by means of a nation agent or a personal actor. while the prohibition of rape has been continually regarded in those parts of legislations, the definition of the offence has been a later problem to overseas legislation. makes an attempt to outline the crime have, even if, been made via the ad hoc tribunals (International legal Tribunal for Rwanda and the foreign legal Tribunal for the previous Yugoslavia), local human rights courts and UN treaty our bodies. expanding tasks are hence put on states, not just to avoid rape during the enactment of legal legislation, yet to undertake particular components of the crime in family laws. This learn systematises and analyses such rising tasks in foreign legislations. This ends up in overarching questions about the fragmentation and harmonisation of norms among quite a few regimes in overseas legislations.

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68 Treaties can generate rules of customary international law and bind states beyond those that have ratified the document. 71 The case law of the ad hoc tribunals can thus arguably be seen as practice in evincing customary international law. , supra note 54, p. 75. See North Sea Continental Shelf Cases, supra note 61, para. 73 and Case Concerning Military and Paramilitary Activities in and against Nicaragua, supra note 63, para. 188. Another important factor in the decision of the Court was that the relevant UN General Assembly resolutions had been widely approved, in particular Resolution 2625 (XXV) on friendly relations between states, which was adopted without a vote.

However, this is contextualised through additional perspectives in appropriate parts of the text, such as the feminist critique of international law. The focus of this work is on international obligations of states to criminalise rape in domestic criminal law by way of international human rights law, international humanitarian law and international criminal law. As such, it principally applies a positivist method in examining the current law as promulgated by the traditional sources of international law.

However, national judgments can also provide evidence of opinio iuris or count as state practice when determining the scope of customary international law. See W. N. Ferdinandusse, Direct Application of International Criminal Law in National Courts (Asser, The Hague, 2006), p. 6. Bassiouni, supra note 53, p. 788. Prosecutor v. Furundzija, supra note 28, para. 178. Werle and Jessberger, supra note 50, p. 47. R. , An Introduction to International Criminal Law and Procedure (Cambridge University Press, Cambridge, 2007), p.

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