Author
Kelly Dawn Askin
Bio: Kelly Dawn Askin is an academic researcher from University of California, Berkeley. The author has contributed to research in topics: Human rights & War crime. The author has an hindex of 7, co-authored 10 publications receiving 560 citations.
Papers
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Book•
25 Sep 1997
TL;DR: The Nuremberg War Crimes Trial as discussed by the authors was the seminal event in the development of the Law of War Crimes. And the International Criminal Tribunal for the Former Yugoslavia (ICTY) was the first international tribunal for war crimes against women.
Abstract: Introduction - Development of The Law of War Crimes. I. Humanitarian Law Prior to World War II. II. Gender Specific War Crimes Committed in Europe and Asia During World War II. III. Events Leading to the Nuremburg Trials. IV. The Nuremberg War Crimes Trial. V. The Tokyo War Crimes Trial. VI. The Evolution of the Status of Women in Domestic and International Law and Practice. VII. Gender Specific War Crimes in the Yugoslav Conflict. VIII. The International Criminal Tribunal for the Former Yugoslavia. Conclusion of War Crimes Against Women. Appendix A. Select Bibliography. Index.
151 citations
TL;DR: In this paper, the authors review the historical development of international laws most relevant to women during periods of war or mass violence, particularly interna-a- tional sexual violence.
Abstract: The last decade witnessed explosive developments in efforts to impose criminal responsibility on leaders and others responsible for the most serious international crimes committed during periods of armed conflict or mass violence. One of the most revolutionary advances in these efforts has been in redressing crimes committed disproportionately against women and girls, particularly rape and sexual slavery. Laws prohibiting wartime sexual violence languished ignored for centuries, so the recent progress in prosecuting various forms of gender-related crimes is unparalleled in history and has established critical precedential authority for redressing these crimes in other fora and conflicts. While the post-World War II trials held in Nuremberg and Tokyo largely neglected sexual violence, the Yugoslav and Rwanda Tribunals have successfully prosecuted various forms of sexual violence as instruments of genocide, crimes against humanity, means of torture, forms of persecution and enslavement, and crimes of war. The Tribunal Judgements have compellingly verified that warring parties use sexual violence as a mighty instrument of war and an illicit weapon that causes extensive terror and devastation throughout the enemy group. Not only are rape crimes increasingly committed systematically, but they also continue to be routinely committed opportunistically, essentially because the atmosphere of war and the violence it engenders creates the opportunity. Whether organized or random, orchestrated or opportunistic, sexual violence generates mass terror, panic, and destruction. This article first reviews the historical development of international laws most relevant to women during periods of war or mass violence, particularly interna-
148 citations
TL;DR: The International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993 to prosecute war crimes committed during the Yugoslav conflict; the International criminal Tribunal for Rwanda (ICTR), established in 1994, was established to investigate the Rwandan civil war as discussed by the authors.
Abstract: The International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993 to prosecute war crimes committed during the Yugoslav conflict; the International Criminal Tribunal for Rwanda (ICTR) was established in 1994 to prosecute war crimes committed during the Rwandan civil war. The Yugoslav Tribunal has the competence to try alleged offenders for crimes enumerated in Articles 2-5 of its Statute, namely, grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. Similarly, the Rwandan Statute accords the Tribunal authority to try defendants for crimes enunciated in Articles 2-4, namely, genocide, crimes against humanity, and violations of common Article 3 of the Geneva Conventions and of Additional Protocol II. Article 7, paragraphs (1) and (3) of the ICTY Statute and Article 6, paragraphs (1) and (3) of the ICTR Statute grant jurisdiction to these ad hoc Tribunals to try the accused for individual criminal responsibility on the bases of individual culpability and superior authority.
140 citations
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01 Dec 2004
TL;DR: The notion of knowledge in power has been studied in the context of global governance as discussed by the authors. But it has not yet been explored in the field of policing and global governance, as discussed in this paper.
Abstract: 1. Power and global governance Michael N. Barnett and Raymond Duvall 2. Power, institutions, and the production of inequality Andrew Hurrell 3. Policing and global governance Mark Laffey and Jutta Weldes 4. Power, fairness and the global economy Ethan Kapstein 5. Power politics and the institutionalization of international relations Lloyd Gruber 6. Power, nested governance, and the WTO: a comparative institutional approach Greg Shaffer 7. The power of liberal international organizations Michael N. Barnett and Martha Finnemore 8. The power of interpretive communities Ian Johnstone 9. Class powers and the politics of global governance Mark Rupert 10. Global civil society and global governmentality: or, the search for the political and the state amidst capillaries of power Ronnie Lipschutz 11. Governing the innocent? The 'civilian' in international law Helen Kinsella 12. Colonial and postcolonial global governance Himadeep Muppidi 13. Knowledge in power: the epistemic construction of global governance Emanuel Adler and Steven Bernstein.
503 citations
Book•
14 Jun 2007TL;DR: The fourth edition of this leading textbook as discussed by the authors provides readers with comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style, introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law.
Abstract: Written by a team of international lawyers with extensive academic and practical experience of international criminal law, the fourth edition of this leading textbook offers readers comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style. Introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law, this book engages with critical questions, political and moral challenges, and alternatives to international justice. Suitable for undergraduate and postgraduate students, academics and practitioners in the field, and cited by the International Criminal Tribunal for Yugoslavia, the International Criminal Court, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the highest courts in domestic systems, this book is a must-read for anyone interested in learning more about international criminal law.
323 citations
01 Jan 2004
TL;DR: Weinstein and Stover as discussed by the authors discuss the application of international justice in the former Yugoslavia and the promise of justice in The Hague with respect to reparations in the aftermath of repression and mass violence.
Abstract: List of contributors Foreword Ariel Dorfman Acknowledgments Introduction: conflict, justice and reclamation Harvey M. Weinstein and Eric Stover Part I. Institutional Approaches to Justice: Introduction 1. A world unto itself? The application of international justice in the former Yugoslavia Laurel E. Fletcher and Harvey M. Weinstein 2. Legal responses to genocide in Rwanda Alison des Forges and Timothy Longman 3. Localizing justice: gacaca courts in post-genocide Rwanda Urusaro Alice Karekezi, Alphonse Nshimiyimana and Beth Mutamba 4. Exhumation of mass graves: balancing legal and humanitarian needs Eric Stover and Rachel Shigekane 5. Witnesses and the promise of justice in The Hague Eric Stover 6. Reparations in the aftermath of repression and mass violence Naomi Roht-Arriaza Part II. Social Reconstruction and Justice: Introduction 7. Neighbors again? Intercommunity relations after ethnic cleansing Dinka Corkalo, Dean Ajdukovic, Harvey M. Weinstein, Eric Stover, Dino Djipa and Miklos Biro 8. Memory, identity, and community in Rwanda Timothy Longman and Theoneste Rutagengwa 9. Attitudes toward justice and social reconstruction in Bosnia and Herzegovina and Croatia Miklos Biro, Dean Ajdukovic, Dinka Corkalo, Dina Djipa, Petar Milin and Harvey M. Weinstein 10. Connecting justice to human experience: attitudes toward accountability and reconciliation in Rwanda Timothy Longman, Phuong Pham and Harvey M. Weinstein 11. Public education and social reconstruction in Bosnia and Herzegovina and Croatia Sarah Warshauer Freedman, Dinka Corkalo, Naomi Levy, Dino Abazovic, Bronwyn Leebaw, Dean Ajdukovic, Dino Djipa and Harvey M. Weinstein 12. Confronting the past in Rwandan schools Sarah Warshauer Freedman, Deo Kambanda, Beth Lewis Samuelson, Innocent Mugisha, Immaculee Mukashema, Evode Mukama, Jean Mutabaruka, Harvey M. Weinstein and Timothy Longman Part III. Survivors and Justice: Introduction 13. Art out of the rubble Pamela Blotner 14. Trust and betrayal in war Dean Ajdukovic and Dinka Corkalo 15. Empathy and rehumanization after mass violence Jodi Halpern and Harvey M. Weinstein Conclusion: a common objective, a universe of alternatives Eric Stover and Harvey M. Weinstein Index.
279 citations
TL;DR: In the 1990s, there was more focus on war-time sexual violence than ever before, and there was a consensus that sexual violence can be used as a weaponeer as discussed by the authors.
Abstract: In the 1990s there was more focus on war-time sexual violence than ever before. Within academia, among policy-makers and in the media emerged a consensus that sexual violence can be used as a weapo...
230 citations
Book•
01 Jan 2006
TL;DR: In this paper, a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries.
Abstract: This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
223 citations