tag:blogger.com,1999:blog-4605495417463810012.post8091786326736968271..comments2024-03-06T10:16:40.696+00:00Comments on PhD studies in human rights: The Bemba Trial Judgement – A Memorable Day for the Prosecution of Sexual Violence by the ICCWilliam A. Schabashttp://www.blogger.com/profile/17552332133145290879noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-4605495417463810012.post-34211367266080062262016-03-27T00:23:12.697+00:002016-03-27T00:23:12.697+00:00Great point about Cesic, R Douglas. It's a bit...Great point about Cesic, R Douglas. It's a bit of a nerdy legal distinction but that incident was charged as 'sexual assault' rather than the crime of rape specifically. It was charged under Article 5(g), which was interpreted as including rape and other forms of sexual violence, as well as the war crime of humiliating and degrading treatment. The judges do refer to it as a rape in the sentencing judgement though, maybe it's splitting hairs on my part. All credit to the ICTY, they have a fantastic record of charging incidents of sexual violence against men, but often as you know under different legal categories. I'm just relieved to see this type of crime being unequivocally called by its proper name at last. Niamh Hayeshttps://www.blogger.com/profile/14322835032041703478noreply@blogger.comtag:blogger.com,1999:blog-4605495417463810012.post-17289873089969481242016-03-23T20:04:08.328+00:002016-03-23T20:04:08.328+00:00Thank you Niamh, very sound and timely.Thank you Niamh, very sound and timely.Unknownhttps://www.blogger.com/profile/02516234342406087928noreply@blogger.comtag:blogger.com,1999:blog-4605495417463810012.post-36782081588008712422016-03-22T08:02:58.745+00:002016-03-22T08:02:58.745+00:00This might be a silly question but does a convicti...This might be a silly question but does a conviction based on command responsibility entail a lower level of culpability than direct (co)perpetration? That is to ask is the offender liable to a lesser penalty because of the less direct nature of the mode of liability? JohnStuarthttps://www.blogger.com/profile/05780850993295721803noreply@blogger.comtag:blogger.com,1999:blog-4605495417463810012.post-56647855091448333122016-03-21T22:53:24.035+00:002016-03-21T22:53:24.035+00:00"It is even more significant to realise that ..."It is even more significant to realise that the Bemba judgement represents the first time in the history of international criminal law that sexual violence against men has been charged as the crime of rape (as opposed to crimes of torture, outrages upon personal dignity or cruel treatment) or that a defendant has been convicted of rape based on the testimony of male victims."<br /><br />Is this actually the case? Not a lawyer, but my understanding was that the ICTY in the <i>Češic</i> case charged and convicted the defendant of rape for, <i>inter alia,</i> forcing two male prisoners to perform fellatio on each other. One way or another, though, it's a very welcome development. International tribunals have been maddeningly inconsistent in their approach to male sexual victimisation. This decision lays down an important marker that will encourage people to call rape, regardless of the sex or gender of those against whom it's perpetrated, by its proper name.Anonymoushttps://www.blogger.com/profile/05313903943960381014noreply@blogger.com