Sex And Gender Crimes In The New International Law: Past, Present, Future (nijhoff Law Specials, Vol. 75)
by Alona Hagay-Frey /
2011 / English / PDF
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In times of conflict, women have traditionally been excluded from
protection of the law. This book analyzes the treatment of sex and
gender crimes under international law by identifying various legal
eras, from the inception of international criminal law until its
most recent formulation, the Rome Statute. The author conducts her
critical journey armed with insights about the development of the
crime of rape in domestic law and feminist theories, and exposes
gaps and silences in international law's treatment of sex and
gender crimes. The author claims that the underlying stratum of sex
crimes the gender stratum must be acknowledged. Hence, it is not
sufficient to treat rape as another offense under existing
traditional crime categories. It must also be anchored as a
separate crime category that clearly establishes the boundaries of
the legal norm, harmonizes different nations laws, and eradicates
the remnants of patriarchy linked to this offense.
In times of conflict, women have traditionally been excluded from
protection of the law. This book analyzes the treatment of sex and
gender crimes under international law by identifying various legal
eras, from the inception of international criminal law until its
most recent formulation, the Rome Statute. The author conducts her
critical journey armed with insights about the development of the
crime of rape in domestic law and feminist theories, and exposes
gaps and silences in international law's treatment of sex and
gender crimes. The author claims that the underlying stratum of sex
crimes the gender stratum must be acknowledged. Hence, it is not
sufficient to treat rape as another offense under existing
traditional crime categories. It must also be anchored as a
separate crime category that clearly establishes the boundaries of
the legal norm, harmonizes different nations laws, and eradicates
the remnants of patriarchy linked to this offense.