فقه و حقوق خانواده (Nov 2018)

Protection of Women against Sexual Violence: Scrutinizing Documents of Four Generations of International Criminal Courts

  • Mohsen Ghadir,
  • Zahra Mahdavi,
  • Mohammad Setayeshpur

DOI
https://doi.org/10.30497/flj.2018.71084
Journal volume & issue
Vol. 23, no. 69
pp. 5 – 30

Abstract

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Sexual violence against women has been existed from long ago however the current international trend has been silent in this regard. Combating impunity in its general meaning, the international criminal courts gradually have tended to explicit sexual violence against women as a Court- based Jurisdiction crime contradictory to the common trend. The revolutionary subject has stenghten the process of prosecution for those who seek to disrupt the international legal order. Analyzing judiciary documents of four generations, the present paper confirms the feasibility of international mechanism to combat impunity against sexual violence, however according to this research; they have not been so much successful in all aspects. It seems that violence against women should be dealt with a great concern of scrutiny in terms of the cases as well as documentation.

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