- SEXUAL VIOLENCE IN ARMED CONFLICT - THE ROLE OF THE INTERNATIONAL CRIMINAL COURTS The purpose of this thesis is to describe the phenomenon of sexual violence against women in armed conflicts and to describe the influence of the international criminal courts in understanding of this phenomenon. Sexual violence appears in almost every armed conflict. Until the establishment of the international criminal courts in the ninetees the issue of sexual violence against women in armed conflict was overlooked. The prohibition of such treatment was existing, for example The Hague Convention or The Geneva Convention, however no efficient sanction mechanism to punish the perpetrators was existing. The violence against woman was moreover understood as her honour attack without any consequences for the community and the society as a whole. It was a private crime. Mass violation of the human rights in the area of Former Yugoslavia and Rwanda made the United Nations to begin with prosecuting and punishing such treatment. Rape and other forms of sexual violence was recognized as a war crime and the crime against humanity on the basis of the judgements of the international criminal courts. Rape can, under certain circumstances, fulfill the fact of the case of genocide. The international criminal courts strongly made...

Submitted by Maria Aparecida (cidazen@gmail.com) on 2017-05-04T14:51:52Z No. of bitstreams: 1 Gleydsson Carvalho.pdf: 616875 bytes, checksum: f85254f5f54b866594d7aed68e1256e5 (MD5) / Made available in DSpace on 2017-05-04T14:51:52Z (GMT). No. of bitstreams: 1 Gleydsson Carvalho.pdf: 616875 bytes, checksum: f85254f5f54b866594d7aed68e1256e5 (MD5) Previous issue date: 2016-04-29 / This paper attempts to analyze the effectiveness of the enforcement of the criminal transaction institute in the Special Criminal Court Imperatriz-MA. Therefore, we seek to make an analysis of the historical context in which it gave the appearance of Law No. 9,099 / 95, the inaugural consensual justice in the Brazilian criminal law, as well as a study of the main principles underlying the functioning of the Courts. He studied the institution of criminal transaction in a more detailed way, trying to conceptualize it and indicate some foreign institutes that served him for inspiration. It is also its legal nature, is mere discretion of the prosecution, or subjective right of the accused. At the end, we analyze data collected about compliance with the criminal transaction agreements indicated locus. It was used for quantitative and qualitative research, mainly based on literature review and case study. / O presente trabalho intenta analisar a efetividade do cumprimento do instituto da transação penal no Juizado Especial Criminal de Imperatriz-MA. Para tanto, procura se fazer uma análise do contexto histórico no qual se deu o surgimento da Lei nº 9.099/95, inauguradora da justiça consensual no direito penal brasileiro, bem como um estudo dos principais princípios que permeiam o funcionamento dos Juizados. Estudou-se o instituto da transação penal de forma mais detida, procurando conceituá-lo, bem como indicar alguns institutos estrangeiros que lhe serviram de inspiração. Trata-se também de sua natureza jurídica, se mera discricionariedade do Ministério Público, ou se direito subjetivo do acusado. Ao final, analisa-se dados coletados quanto ao cumprimento dos acordos de transação penal no locus indicado. Utilizou-se de pesquisa quanti-qualitativa, baseada principalmente em levantamento bibliográfico e estudo de caso.

<p>The International Commission of Inquiry on Darfur (Commission) began its work in October 2004 and provided its final report only three months later on 25 January 2005.2 There, it concluded, inter alia, &ldquo / that the Government of Sudan has not pursued a policy of genocide&rdquo / and that at least the central Government authorities did not act with genocidal intent.3 However, these findings would not exclude the possibility that the atrocities committed by individuals against victims were carried out with the specific intent to destroy and therefore could possibly fulfil all necessary requirements of the crime of genocide.</p>

Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, September 2003. / Thesis advisor(s): Daniel Moran, David S. Yost. Includes bibliographical references (p. 93-102). Also available online.

Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, June 2003. / Thesis advisor(s): Daniel Moran, James Armstead. Includes bibliographical references (p. 59-62). Also available online.

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<p>The International Commission of Inquiry on Darfur (Commission) began its work in October 2004 and provided its final report only three months later on 25 January 2005.2 There, it concluded, inter alia, &ldquo / that the Government of Sudan has not pursued a policy of genocide&rdquo / and that at least the central Government authorities did not act with genocidal intent.3 However, these findings would not exclude the possibility that the atrocities committed by individuals against victims were carried out with the specific intent to destroy and therefore could possibly fulfil all necessary requirements of the crime of genocide.</p>

<p>In the aftermath of World War Two, the International Community has shown a renewed commitment towards the protection of human rights. However, whether during wars or under dictatorial regimes, numerous human rights abuses occurred everywhere in the world, from Latin America to Eastern Europe and from Southern Europe to Africa. Countries which experienced oppressive governance or outrageous atrocities has to address the legacies of their past on the return of democratic rule or peace. In other words, they had to emerge from the darkness of dictatorship or civil war in order to establish a democracy. Today, after 14 years of civil war, Liberia is faced with the challenge of achieving a successful transition where the imperatives of truth, justice and reconciliation need to be met. The purpose of this research paper was to make some recommendations on the way the accountability process in Liberia should be shaped as far as prosecution is concerned.</p>

Thesis (M.J.S.)--University of Nevada, Reno, 2006. / "May 2006." Includes bibliographical references (leaves 170-174). Online version available on the World Wide Web. Library also has microfilm. Ann Arbor, Mich. : ProQuest Information and Learning Company, [2006]. 1 microfilm reel ; 35 mm.

Thesis (D.Jur.Sc.)--University of Melbourne, Dept. of Law, 2000. / Typescript (photocopy). Includes bibliographical references (leaves 309-321).