The focus of this book is the analysis of male sexual crimes in international criminal justice.
The first part of the present research work is focused on the legal analysis of the relevant articles of international criminal court's Statute regarding the obligation of cooperation between states for the punishment of serious crimes against humanity and war. Judicial development, starting with the ad hoc tribunals and arriving at causes at various stages of proceedings still ongoing in the International Criminal Court (ICC), opens doctrinal and comparative national debates especially in the case of lacking states cooperation, seeking to elaborate specific topics such as the obligation of states cooperation, requests for assistance during preliminary investigations,during inquires, and confidential information. Court assistance to states parties participating in the Statute, suspending the execution of a request, the role of the prosecutor and the non-assistance of some states impede the development and operation of international criminal justice.
The second part has attempted to analyze sexual crimes and especially the crime of male rape.The jurisprudence of international criminal tribunals and the ICC have tried to qualify rapeeither as a crime of genocide in the form of serious and physical injuries, even if notnecessarily permanent (lett.b) Art.6 of the Rome Statute; or as a crime against humanity wherethere are elements of context and above all material elements that emerge from the defenitionsgiven by the ad hoc tribunals and the elements of crimes; or even as a war crime in case it isimplemented to that of sexual violence, according to a geneder specific relationship tospeciem.
Judges through the jurisprudence have included in this context any conduct of asexual type of aggression to human dignity that does not consist in an act of penetration andthat does not involve physical contract. The contrasts are always open. Due to the lack ofdealing with a "particular" crime and difficult to prove it or testify before an internationalcourt. The indication on the level of gravity of the crime is necessary for the relevance ofsexual violence and rape as crimes against humanity that we will see in the coming years.
Inhaltsverzeichnis (Table of Contents)
- Part A
- Introduction
- Obligation to cooperate
- The hypothesis of lack of cooperation by states
- Requests for assistance during inquiries
- Consultations
- Confidential information
- Competing requests
- Court assistance to states parties participating in the Statute
- Concluding remarks
- Part B
- Introduction
- Seeking the definition of rape in international jurisprudence through the elements of objective and subjective offense
- Definition of rape in Special Court for Sierra Leone
- Definition of rape in ICC
- Joint Criminal Operation as a means of punishing the heads and governors of crimes of sexual violence. Judicial developments in the implementation of Joint Criminal Business
- Criticism in the implementation of JCO as a means of incriminating the supporters of crimes of sexual violence
- The issue of ineffective investigations and omissions in the prosecution of crimes of sexual violence before the international criminal courts
- Incompatibility between categories and evidence
- Difficulties in accessing victims of sexual violence in criminal proceedings
- Overcoming the taboo of male victims of sexual violence
- Legal and judicial vacuum in violence against men
- The new policy document of ICC prosecutor's office: addressing the gaps in international criminal justice
- Prospects and suggestions
- Conclusions
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This research work aims to analyze the legal framework for international cooperation in combating male sexual crimes within the context of international criminal justice. It explores the challenges and complexities involved in achieving effective collaboration between states in prosecuting these crimes. The work focuses on the International Criminal Court's (ICC) Statute and its implications for state cooperation, particularly regarding the obligation to assist in investigations and prosecutions.
- International cooperation in combating male sexual crimes
- The legal framework of the ICC Statute
- Obligation of states to cooperate in investigations and prosecutions
- Challenges and complexities of effective state cooperation
- The jurisprudence of international criminal tribunals regarding sexual crimes
Zusammenfassung der Kapitel (Chapter Summaries)
- Part A: International Cooperation
- Introduction: This chapter provides an overview of the research work and its focus on the ICC's role in combating serious crimes, particularly those involving sexual violence.
- Obligation to cooperate: This chapter delves into the legal framework of the ICC Statute, specifically analyzing the articles that mandate states to cooperate in prosecuting crimes against humanity and war crimes.
- The hypothesis of lack of cooperation by states: This chapter examines the challenges and obstacles to effective state cooperation, focusing on situations where states fail to fulfill their obligations.
- Requests for assistance during inquiries: This chapter explores the process of requesting and providing assistance during inquiries and investigations, highlighting specific issues related to information sharing and evidence gathering.
- Consultations: This chapter discusses the importance of consultations between states and the ICC, emphasizing the need for effective communication and coordination in prosecuting international crimes.
- Confidential information: This chapter examines the handling of confidential information in investigations and prosecutions, focusing on the need to balance the protection of sensitive information with the pursuit of justice.
- Competing requests: This chapter analyzes situations where multiple states might have competing requests for assistance or information related to the same investigation.
- Court assistance to states parties participating in the Statute: This chapter explores the ICC's role in providing assistance to states that are parties to the Statute, focusing on how the court can support national investigations and prosecutions.
- Concluding remarks: This chapter summarizes the main findings and conclusions from the first part of the research work, highlighting key challenges and opportunities for improving international cooperation in combating sexual crimes.
- Part B: Sexual Crimes
- Introduction: This chapter introduces the second part of the research work, which focuses on the specific crime of male rape within the framework of international criminal law.
- Seeking the definition of rape in international jurisprudence through the elements of objective and subjective offense: This chapter delves into the definition of rape in international law, examining the elements of the offense and the challenges of proving these elements in court.
- Definition of rape in Special Court for Sierra Leone: This chapter provides a specific example of how the definition of rape has been applied in a particular international tribunal, examining the case of the Special Court for Sierra Leone.
- Definition of rape in ICC: This chapter focuses on the definition of rape as it is applied by the ICC, examining the legal framework and the court's jurisprudence on this issue.
- Joint Criminal Operation as a means of punishing the heads and governors of crimes of sexual violence. Judicial developments in the implementation of Joint Criminal Business: This chapter examines the legal concept of "Joint Criminal Enterprise" and its application in punishing individuals who have committed crimes of sexual violence.
- Criticism in the implementation of JCO as a means of incriminating the supporters of crimes of sexual violence: This chapter explores the criticisms that have been raised against the use of "Joint Criminal Enterprise" to hold individuals accountable for crimes of sexual violence.
- The issue of ineffective investigations and omissions in the prosecution of crimes of sexual violence before the international criminal courts: This chapter examines the challenges of effectively investigating and prosecuting crimes of sexual violence, highlighting the limitations and challenges faced by international criminal courts.
- Incompatibility between categories and evidence: This chapter discusses the challenges of matching legal categories with evidence, particularly in cases of sexual violence where the evidence can be complex and difficult to gather.
- Difficulties in accessing victims of sexual violence in criminal proceedings: This chapter explores the challenges of accessing and supporting victims of sexual violence in criminal proceedings, highlighting the need for sensitivity and appropriate measures to protect victims.
- Overcoming the taboo of male victims of sexual violence: This chapter focuses on the specific challenges faced by male victims of sexual violence, including the stigma and taboo associated with these crimes.
- Legal and judicial vacuum in violence against men: This chapter explores the lack of legal and judicial protections for men who are victims of violence, particularly sexual violence.
- The new policy document of ICC prosecutor's office: addressing the gaps in international criminal justice: This chapter examines a recent policy document issued by the ICC Prosecutor's Office, which aims to address the gaps in international criminal justice and improve the prosecution of sexual violence.
- Prospects and suggestions: This chapter discusses the prospects for improving the fight against sexual violence within the framework of international criminal justice and offers suggestions for future action.
Schlüsselwörter (Keywords)
The research work focuses on the legal framework of the ICC Statute and the challenges of achieving effective state cooperation in combating male sexual crimes, particularly the crime of rape. It examines the jurisprudence of international criminal tribunals, the definition of rape in international law, and the practical challenges of prosecuting these crimes, including the need for effective investigations, victim access, and overcoming taboos surrounding male victims of sexual violence.
- Quote paper
- Professor Dimitris Liakopoulos (Author), 2019, International Criminal Justice. Cooperation and fighting of male sexual crimes, Munich, GRIN Verlag, https://www.grin.com/document/461742
