Criminal protection of women in international law
DOI:
https://doi.org/10.61841/97fg0572Keywords:
Criminal protection of women in international lawAbstract
THE protection of women's rights has been an important and dangerous development in recent times. This is in comparison to all the past ages, when this protection began to be surrounded through international justice, which is represented by the International Criminal Court as a permanent body, unlike the temporary courts, while previously, this protection was only through international and regional covenants that are not guaranteed by a cropping and restraining system, This protection was divided into two parts. One of them is general and includes general protection for women as a natural person who has rights that have been documented internationally and derived from the fundamental rights of the human person, and it carries the consequences of any act issued by women by generalizing international responsibility and commitment to duties under penalty of traceability, equality and stripping of this follow-up between them and men. And another section decides a special protection that was not the result of the present, but was consistent with this protection through the historical development in order for women to gain their rights, and this protection, prescribed in the Rome system, was affected by the development of human rights; To serve as an envying of international humanitarian law, by delving deeper into the crimes that targeted women greatly and due to the constant character of these crimes evolving compared to their predecessors during previous wars and even using women as a weapon against the other party in the conflict, which necessitated the implementation of this protection through its harmonization in national legislation Because of its positives, despite the obstacles that were considered to have negative repercussions on the sovereignty of states and the nature of protection as a whole.In general, the International Criminal Court is competent to consider international crimes against vulnerable groups, especially women, and this is confirmed by the statute in its preamble, and therefore, as a result of the foregoing, the statute of the International Criminal Court decided a set of legal guarantees to protect women against these crimes, although its effect in protection later To commit these crimes; That is, after committing these crimes, its protective effect also appears clear, and the most important of these guarantees is the court's jurisdiction to consider these crimes, the establishment of international responsibility for them, and their compliance with the principle of non-statute of limitations of international crimes.
Downloads
References
1. Patrick Cammart, Ex-Commandant de la mission des Nations Unies en République Démocratique du Congo-MONUC .
2. See: Convention on the Elimination of All Forms of Discrimination against Women, in accordance with the UN General Assembly Resolution 34/180 of 12/18/1979.
3. Dr. Ali Al-Jarbawi, Asem Khalil, Armed Conflict and Women’s Security, Strategic Studies Series (20), Ibrahim Abu-Lughod Institute for International Studies, Birzeit University, Palestine, 2008, p. 33
4. Dr. Mofeed Shehab, Studies in International Humanitarian Law, Jawdat C Gherdam, Abuse and Human Rights and International Humanitarian Law, Dar Al-Mustaqbal Al-Arabi, Cairo, 2000. p. 180.
5. Dr. Mufid Shehab, Studies in International Humanitarian Law, Jawdat C. Ghardam, previous reference,
p. 181.
6. Françoise Krill. «La Protection De La Femme Dans Le Droit International Humanitaire », Revue Internationale de la Croix-Rouge, Vol 67, No 756, Decembre 1985, pp 343- 370.
7. Bouchenak K.A., Les droits de la femme à Travers les textes universels des nation's unies, observatoire national des droits de l'homme, 1995, p 10.
8. Dr. Sorour students, protection of women's rights in Algerian legislation compared to human rights conventions - regular conditions - Master Thesis, Faculty of Law, University of Algeria 2000, p. 1.
9. Dr. Ali al-Jarbawi, d. Assem Khalil, Armed Conflict and Women's Security, op. Cit., P. 19.
10. International Committee of the Red Cross, note on rapes committed during the armed conflict in the former Yugoslavia, issued on 3 December 1992.
11. Dr. Qairi Amer, Protecting Women from Armed Conflict, Master Thesis, Faculty of Law, Al-Hajj Lakhdar Batna University, 2010, p. 60.
12. Dr. Mufid Shehab, Studies in International Humanitarian Law, Jawdat J. Ghardam, previous reference,
p. 183.
13. Dr. Saeed Hammouda, International Criminal Court, New University House, Cairo, 2009. p. 381.
14. See: Article (67) and (68) of the Rome Statute, and Article (14) of the International Covenant on Civil and Political Rights 1966.
15. See: Article (68/5) of the Rome Statute.
16. Dr. Hasina Sheroun, lectures on criminal responsibility, specializing in criminal law, on the website: Accessed on: 10-5-2020 AD http://www.juhrc.com/main.
17. Mustafa Al-Awaji, Criminal Law, Al-Halabi Human Rights Publications, Beirut 2006, p. 487.
18. Dr. Abdullah Rakhroor, Criminal Protection for Individuals According to the Rome Statute, Master Thesis, Faculty of Law, Bin Aknoun, Algeria 2003, pp. 212-213.
19. Dr.. Muhammad Al-Majzoub, Public International Law, Al-Halabi Human Rights Publications, 1st Floor, Beirut, Lebanon, 2005, p. 137.
20. Dr. Ali al-Jarbawi, d. Asim Khalil, previous reference, p. 23.
21. Mufid Shehab, Studies in International Humanitarian Law, Jawdat C. Ghardam, previous reference, p. 175.
22. Mofeed Shehab, Studies in International Humanitarian Law, Jawdat C. Ghardam, previous reference. P. 176.
23. Adopted and published publicly by United Nations General Assembly Resolution 3318 (XXIX) of 12/14/1947.
24. Conseil de sécurité, Résolution 1820 (2008), 23 juin 2008, para.
25. Dr. Mofeed Shehab, Studies in International Humanitarian Law, Jawdat J. Ghardam, previous reference,
p. 177.
26. Dr.. Abdel-Fattah Bayoumi Hegazy, The International Criminal Court, a specialized study in international criminal law - the general theory of international crime - the theory of the jurisdiction of the court, Dar Al-Kutub Al-Maqasa Misr El-Mahalla El-Kubra, 2007, p. 575.
27. Dr. Jassem Zour, International Safeguards for the Protection of Women against International Crimes, Academy for Social and Human Studies, No. 2, 2009, Hassiba Ben Bouali University, Chlef, Algeria, p. 23.
28. Abdel-Fattah Bayoumi Hijazi, previous reference, p. 592.
29. For more on this, see more: Abdel-Fattah Bayoumi Hijazi, previous reference, pp. 602-607.
30. Jasem Zour, previous reference, p. 24.
31. Seen: The Rules of Procedure and Evidence were adopted by the Assembly of States Parties from September 3 to 10, 2002.
32. See: Article 27/1 of the Rome Statute.
33. Dr.Sharif Atalam, International Criminal Court Constitutional and Legislative Harmonies (Model Law), Red Cross Committee, 2003, Tahmish, p. 15.
34. Dr. Ashraf Abdel-Alim Al-Rifai, International Judicial Jurisdiction, Dar Al-Kutub Al-Qanu Egypt, 2009,
p. 106 .
35. Dr. Ibrahim Salama, Crimes against Humanity, from Sharif Atalam book, previous reference, p. 98.
36. See: International Criminal Wisdom 2002-2012 Ten years and ten recommendations for the International Criminal Court, on the website: http://www.fdh.org Accessed: 12-5-2020
Downloads
Published
Issue
Section
License

This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
