‘성범죄·성차별범죄’(Sexual and Gender-Based Crimes)에 관한 국제형사법 발전의 배경 및 현황

• 영문명: Development of International Criminal Law on Sexual and Gender-Based Crimes: Background and Normative Status at the International Criminal Court
• 발행기관: 국제법평론회
• 저자명: 이혜영(Lee, Hyeyoung)
• 간행물 정보: 『국제법평론』제55호, 25~59쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.02.28

영문 초록

While sexual and gender-based crimes (‘SGBCs’) are as common as murders during situations of armed conflict and mass atrocity throughout history, international law was indifferent toward SGBCs for a long period of time. SGBCs in conflicts or other forms of instability were considered as mere opportunistic criminal activities or idiosyncratic acts committed by a few errant soldiers. It was only after 1990 that international law started affirming that SGBCs are used as a tactic of war to deliberately target civilians or committed as part of a mass atrocity against civilian populations, which could significantly impede the restoration of international peace and security. This article aims to examine the background and normative status in developing international criminal law on SGBCs. With this purpose in mind, this article first provides historical background of how legal proscription of SGBCs in international law has shifted throughout history, and examines what motivates this shift in international law on SGBCs since the 1990s. Based on this analysis, this article explores the current normative status of international criminal law on SGBCs by examining the Rome Statute of the International Criminal Court, the policy of the Court’s Office of the Prosecutor to investigate and prosecute SGBCs, and jurisprudential developments shaped by the Court’s recent judgments on SGBCs.

목차

Ⅰ. 서 론

Ⅱ. 역사적 배경

Ⅲ. 성범죄·성차별범죄에 대한 국제형사재판소(ICC) 실행

Ⅳ. 결 어

키워드

성범죄·성차별범죄 국제형사재판소 Bemba 판결 Ntaganda 판결 무력충돌시 성폭력 Sexual and Gender-Based Crimes International Criminal Court Bemba Judgment Ntaganda Judgment Sexual Violence in Armed Conflicts