National Redress for ‘Gendered’ International Crimes
Uganda, Germany and the International Criminal System
- in englischer Sprache -
Strafrecht in Forschung und Praxis, Band 321
Hamburg 2015, 380 Seiten
ISBN 978-3-8300-8490-7 (Print), ISBN 978-3-339-08490-3 (eBook)
armed conflict, criminal law, Deutschland, Frauen, gender, International Tribunals, Konflikt, Rechtswissenschaft, Sexualstrafrecht, sexual violence, Sexuelle Gewalt, Strafrecht, Tribunals, Uganda, women
On the premise that the duty of states to prosecute international crimes is a fairly new development, this book assesses the extent to which Uganda is meeting this obligation, using the international criminal justice system as a benchmark and the German criminal justice system as a ’best practices’ case study. The viability of law and justice structures to redress these crimes is evaluated through a comparative lens restricted to ’gendered’ international crimes, which connote sexual violence occurring in the context of genocide, armed conflict or widespread and/or systematic attacks against civilian populations. To establish ground for comparison, the book examines theoretical underpinnings of gender based violence, followed by an analysis of developments in international law, taking into account the influence of the human rights movement and contributions of feminist legal theorists. The impact of parallel legal systems in Uganda on victims of international crimes is assessed, followed by a comprehensive set of proposals modelled on the concept of reparations.
The book sets forth six arguments: There is a correlation between wartime sexual violence and the impunity in peacetime; sexual offenses are intrinsically linked § rape, for instance, is a component of other offenses, enslavement, forced marriage and forced pregnancy; jurisprudence in the international criminal system reveals shortcomings and sometimes a failure to attain international standards; domestication must transcend the enactment of enabling legislation to avoid tensions in national legal systems – Germany illustrates an ideal, systematic and pragmatic approach; parallel legal systems in the national context undermine the aims of the justice system; and finally, reparation programs should be holistic in order to cater to wholesome and/or unique needs of the victims.
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