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Full-Text Articles in Law and Gender
Sexual Slavery As A War Crime: A Reform Proposal, Alessandro Storchi
Sexual Slavery As A War Crime: A Reform Proposal, Alessandro Storchi
Michigan Journal of International Law
For the first time in the history of international criminal law, the ICC Elements of Crimes included a statutory definition of sexual slavery as a war crime and as a crime against humanity. Such definition is derived from, and in fact almost identical to, the definition of enslavement in the same text. In July 2019, that language for the first time was adopted and applied in the conviction of general Bosco Ntaganda, the first ever conviction for sexual slavery as a war crime and as a crime against humanity at the ICC, as part of the situation in the Democratic …
World Peace And Gender Equality: Addressing Un Security Council Resolution 1325’S Weaknesses, Elizabeth Griffiths, Sara Jarman, Eric Talbot Jensen
World Peace And Gender Equality: Addressing Un Security Council Resolution 1325’S Weaknesses, Elizabeth Griffiths, Sara Jarman, Eric Talbot Jensen
Michigan Journal of Gender & Law
The year 2020 marks the twentieth anniversary of the passage of United Nations Security Council Resolution (“UNSCR”) 1325, the most important moment in the United Nations’ efforts to achieve world peace through gender equality. Over the past several decades, the international community has strengthened its focus on gender, including the relationship between gender and international peace and security. National governments and the United Nations have taken historic steps to elevate the role of women in governance and peacebuilding. The passage of UNSCR 1325 in 2000 foreshadowed what many hoped would be a transformational shift in international law and politics. However, …
Resolutions Without Resolve: Turning Away From Un Security Council Resolutions To Address Conflict-Related Sexual Violence, Emma K. Macfarlane
Resolutions Without Resolve: Turning Away From Un Security Council Resolutions To Address Conflict-Related Sexual Violence, Emma K. Macfarlane
Michigan Journal of Gender & Law
In 2008, the United Nations first recognized rape as a war crime with the passage of U.N. Security Council Resolution 1820. Since then, the fight against conflict-related sexual violence has become a frequent subject of Security Council Resolutions. But what, if anything, has changed? Wartime sexual violence is still prevalent today and shows no signs of slowing down. This Note argues that Security Council Resolutions are not an effective method to prevent conflict-related sexual violence. The procedural weaknesses in passing Security Council Resolutions and the structure of the Security Council itself may do more harm than good to the efforts …
Traveling Concepts: Substantive Equality On The Road, Susanne Baer
Traveling Concepts: Substantive Equality On The Road, Susanne Baer
Articles
Ideas travel. Even legal concepts migrate on the globe. However, it is a contested issue whether migration is a good idea. We may enjoy traveling ourselves, but many people in the world of law are somewhat worried if we take legal baggage along. Some claim that legal baggage never arrives at its destination and challenge the very possibility of what some call a legal transplant. Others claim that we already live in transnational legal contexts, while still others claim that migration occurs, and that modifies each legal concept on the road in rather significant ways, which may render the project …
The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang
The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang
Michigan Journal of International Law
By situating the U.S. rise to dominance in historical and political context, this Article underscores the significance of U.S. unilateralism for international anti-trafficking law and policy.
Global Sex Trafficking And The Trafficking Victims Protection Act Of 2000: Legislative Responses To The Problem Of Modern Slavery, Rosy Kandathil
Global Sex Trafficking And The Trafficking Victims Protection Act Of 2000: Legislative Responses To The Problem Of Modern Slavery, Rosy Kandathil
Michigan Journal of Gender & Law
Human trafficking is becoming the fastest growing criminal activity in the world. Generally, trafficking is defined as the transportation of persons across international borders for labor purposes, by means of force, fraud, or coercion. Commerce directly related to human slavery yields approximately $7-$10 billion a year, trailing only behind drugs and weapons trade for international profit. According to recent congressional findings, over 700,000 human beings are trafficked across international borders each year, including approximately 50,000 women and children into the United States. Women and girl children are the primary targets for sexual exploitation into prostitution, pornography, sex tourism, and other …
The Politics Of Collective Security, Anne Orford
The Politics Of Collective Security, Anne Orford
Michigan Journal of International Law
Part I argues that conventional international legal analyses about Security Council actions do not consider the gender-differentiated effects of those actions. The universality of male interests is taken for granted by international lawyers. The first level of analysis thus involves adding women in; that is, considering the consequences that Security Council actions have had for women in Kuwait, Iraq, Cambodia, Somalia, Mozambique, Bosnia, and the United States. I argue that many women are in fact rendered less secure by actions authorized by the Security Council in the name of collective security. As a result, women must have a voice in …