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Noëlle Quénivet

Noëlle N.R. Quénivet has constructed a valuable tool for navigating the morass of sexual offences and international law. Using Bosnia-Herzegovina a jumping off point, she proceeds to show how, over the last two decades, the Western world has been swept up by a wave of feminist scholars writing about international law and more particularly humanitarian and human rights law. Although these articles, books and statements have covered a broad range of issues, the focus has been on sexual offences and, more specifically, on rape in times of conflict. These authors, as well as NGOs supporting their ideas, have made a series of assumptions concerning sexual offences in times of armed conflict. On the basis of these presumptions, they have claimed inter alia that international law does not adequately prohibit sexual offences and that prosecution is scarce.

This timely work examines whether the assumptions made by feminist scholars are solidly grounded in international law and whether their claims are still valid regarding the latest legal developments. A thorough examination of the laws and the jurisprudence relating to sexual offences demonstrates that whereas before the creation of the ad hoc international criminal tribunals some of their claims were founded, these claims are now partially ill-founded.

Published under the Transnational Publishers imprint.

Rebecca Young

Volume 10, Issue 1, 2010 ISSN 1567-536X International Criminal Law Review MARTINUS NIJHOFF PUBLISHERS International Criminal Law Review CONTENTS Volume 10, No. 1 2010 Articles General Rebecca Young: How Do We Know Them When We See Them? The Subjective Evolution in the Identifi cation of Victim

Unlawful Attacks in Combat Situations

From the ICTY’s Case Law to the Rome Statute


Héctor Olásolo

Death and destruction are unavoidable effects of war and combat situations. The fact that people have been killed or injured or property has been destroyed should not encourage anyone to rush to the conclusion that war crimes have been committed. On the contrary, before reaching such a conclusion, it is necessary to carefully analyze the conduct of the person causing death, injury or damage in order to ascertain whether such conduct is consistent with international humanitarian law.

Technology, law and public opinion on what is acceptable has greatly evolved since World War II. The issue of civilian damage caused in combat operations has become an important topic in public opinion since Operation Desert Storm in 1991. Public pressure to limit incidental civilian damage has notably increased following the NATO aerial campaign in Kosovo in 1999 and the subsequent conflicts in Afghanistan in 2001, Iraq in 2003 and Lebanon 2006.

Unlawful Attacks in Combat Situations focuses on the manner in which unlawful attacks launched during the conduct of hostilities have been dealt with in the Rome Statute of the International Criminal Court, the international treaty which, to date, deals most comprehensively with war crimes committed in international and non-international armed conflicts, and in the case law of the International Criminal Tribunal for the Former Yugoslavia, the first international judicial body that has investigated and prosecuted crimes committed during the conduct of hostilities since World War II.

Juan-Pablo Perez-Leon-Acevedo

caused (objective element) and offender’s culpability (subjective element), 34 and is normally expressed in sentencing ranges, including minimum mandatory sentences. 35 Certain aggravating circumstances under the icc -Rules of Procedure and Evidence ( icc -Rules) are relevant to the gravity of

Branislav Ristivojević and Stefan Radojčić

Serbian legal doctrine to divide them into two groups: objective (those related to crime) and subjective (those related to perpetrator). 62 The second group is further divided into circumstances related to perpetrator’s guilt and those related to perpetrator himself which are unrelated to the crime

Harmen van der Wilt

(deterrence). Consequently, it translated the practice prong into opinio juris , concluding that the ensuing stalemate did not warrant the finding that the use of nuclear weapons would be contrary to customary international law. The Court hence corroborated its prior opinion that the subjective and objective

Anja Matwijkiw

affected stakeholders cannot control subjectively and/or relatively without interventions’ ( cf . Fair Opportunity Principle for Stakeholder Inclusion), ‘You should not inflict serious harm on other human stakeholders or living but non-human stakeholders that co-determine the welfare of homo sapiens

Carola Lingaas

“ensure that those persons who are generally and erroneously perceived as belonging to ‘another race’ are not excluded from the protection provided for by the legislation”. 13 Of paramount importance is the reference to perception, thus a subjective element, as will be shown below in the discussion of

Barbara Goy

mode of liability and the other modes of liability under Article 25(3)(b)-(d) ICC Statute as forms of accessorial liability. The distinctive criterion is ‘control over the crime’. Only persons who objectively have control over the crime and subjectively are aware of this control are considered