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Category Archives: Uncategorized

The Criminal Responsibility of Individuals for Violations of International Humanitarian Law

Sliedregt, E van

2003

In this book, Elies van Sliedregt examines the concept of individual criminal responsibility for violations of international humanitarian law, including genocide, crimes against humanity and war crimes. Such crimes are very rarely committed by single individuals, but mostly by organizations or groups of cooperating persons. For a just determination of their guilt and responsibility, a fair assessment of the mutual relationships and cooperation forms of those individuals is indispensable. This book provides the framework for that assessment. It gives guidance to practitioners and scholars on how to understand and to apply international criminal law concepts such as ācommon purposeā, āsuperior responsibilityā, āduressā and the ādefence of superior ordersā. It does so by bringing to light the roots of those concepts, which are hidden not only in earlier phases of development of international criminal law, but also in the domestic laws of various states.…

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The International Response to Conflict and Genocide: Lessons From the Rwanda Experience

Erikson, J

1996

Within a period of three months in 1994, an estimated five to eight hundred thousand people were killed as a result of civil war and genocide in Rwanda. Large numbers were physically and psycho-logically afflicted for life through maiming, rape and other trauma; over two million fled to neighboring countries and maybe half as many became internally displaced within Rwanda.Genocide and war altered the country’s demographic composition so radically that women and girls now represent between 60–70 percent of the population. By some estimates, between
one–third and one–half of all women in the most hard–hit areas are widows. Further, several thousand women were brutally raped. During the initial stages of emergency assistance, women as a group were not given special treatment.
This report is an account on the performance of humanitarian relief activities and it shows how women as victim of rape, genocide, gendercide are neglected even today.…

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The Law of the Nuremberg Trial

Wright, Quincy

1947

In this article, Wright discusses the precedents that have been developed in Nuremberg and how they became the basics for the international law of the future.…

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The Cambodian Genocide and International Law

Stanton, Gregory H

1993

To be punishable under the Genocide Convention, the destruction of a group must be intentional. Intent can be established by a systematic pattern that could only be the result of orders from the top of a pyramid of command. But intent can be proven more definitely through written orders or through testimony by witnesses to oral orders. Such direct evidence has now been collected.…

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Security Council Resolution 1820: An Imperfect but Necessary Resolution to Protect Civilians from Rape in War Zones

Goldstoff, Melissa Goldenberg

2010

Despite the gruesome reality for women in war zones, the campaign to define rape as a war crime has been surprisingly slow and unsuccessful.
On June 19, 2008, the United Nations Security Council took an important step to further the protection of women during war by unanimously passing Security Council Resolution 1820 (“Resolution 1820” or “the Resolution”) which calls for “immediate and complete cessation by all parties to armed conflict of all acts of sexual violence against civilians,” including children, and states that “rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide.”
Security Council Resolution 1820 fills a void and is unfortunately highly necessary in today’s society. Although the Resolution is long overdue, it is a welcomed measure towards protecting women in war zones, as ad hoc tribunals did not fully protect and prevent rape. The Resolution may be incomplete in some respects and, as described above, could potentially damper women’s rights, but it succeeded at putting this important topic at the forefront of the international community’s agenda.…

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Case Study: The Bangladesh Genocide

Jahan, R

2004

In addition to providing an overview of Bangladesh Genocide in 1971, this teaching resource provides a list of antecedents and key issues that need to be addressed when teaching about genocide.…

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Becoming Abject: Rape as a Weapon of War

Diken, B and L, Carsten Bagge

2005

For centuries organized rape has been an integral aspect of warfare. Yet, remarkably, it has been absent from the classics on warfare, which have predominantly focused on ‘regular’ warfare in which one army confronts another in a battle for the conquest or defence of a territory. Within the last two decades, however, there has been increasing interest in ‘asymmetric’ warfare and accordingly in phenomena such as guerrilla tactics, terrorism and hostage taking, together with aspects of war related to identity, be it religious fundamentalism and holy war, ethnic cleansing, or war rape. War rape is perhaps the clearest example of an asymmetric strategy. In war rape, the enemy soldier attacks a civilian (not a combatant), a woman (not another male soldier), and only indirectly with the aim of holding or taking a territory. The prime aim of war rape is to inflict trauma and thus to destroy family ties and group solidarity within the enemy camp. Apart from demoralization of the enemy, war rape can also become an integral aspect of ethnic cleansing.…

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Archive I: Media Archive

Archives news reports, opinions, editorials published in different media outlets from around the world on 1971, International Crimes Tribunal and the justice process.

Archive II: ICT Documentation

For the sake of ICT’s legacy this documentation project archives, and preserves proceeding-documents, e.g., judgments, orders, petitions, timelines.

Archive III: E-Library

Brings at fingertips academic materials in the areas of law, politics, and history to facilitate serious research on 1971, Bangladesh, ICT and international justice.

Archive IV: Memories

This archive records from memory the nine-month history of 1971 as experienced and perceived by individuals from all walks of life.