HIST 3001 Lecture Notes - Lecture 17: Peremptory Norm, Opinio Juris Sive Necessitatis, International Criminal Tribunal For The Former Yugoslavia

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4 Apr 2016
Kelly Askin Reading
-family value/ loss of purity
-woman raped in front of a man as psychological torture for the man— more than just
hurting the woman
-forcing people to be paraded around naked while people were scoffing at them
-rape is not always listed as one of the crimes available to be used by the court
-why do the courts seem to not use rape as often or make it less of a crime?
use genocide more often, but don’t accuse someone of rape until they have to
-crimes of international concern
there are certain crimes that are so great that their concern to all of humanity
constitutes a crime: crimes against humanity
-if grave breaches have occurred, the country who holds the prisoner has to either
prosecute them or hand them over to a country who will
grave breaches includes torture, but not rape
-but we should look at the damage done to see if we can define rape as torture
-jus cogens: the crimes are prohibited at all times in all places
genocide, war crimes, torture, slavery, crimes against humanity
these rules override any state/local laws and have universal jurisdiction
customary in international law, not just signatories
abstract theoretical construct because in any given court, someone will be able to
argue that there is no statute that they have violated
-wants rape to be one of the charges under the ICC
-state practice and opinio juris
-basically everyone agrees that the Nuremberg defendants were tried under the
understanding of law rather than the letter of the law
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