Przeglądanie według Temat "rape"
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Pozycja Amendment to the act on civilian victims of war and the legal situation of children of war rape in Bosnia and Herzegovina(Wydawnictwo Uniwersytetu Rzeszowskiego, 2023-03) Czeszejko-Sochacka, KatarzynaWar rape is a phenomenon that occurs in almost every armed conflict. The circle of victims includes not only the persons directly affected by this crime, but also their next of kin. Unwanted pregnancies as a result of wartime rape result in children who, from the moment they are born, are treated as inferior persons. Apart from marginal cases, the internal laws of individual states do not grant them any protection or compensation. For some time now, however, a change in this direction has been evident on the international stage. Bosnia and Herzegovina is the first European country which has responded to these calls and has taken steps to change the status of children from war rape.Pozycja Ewolucja definicji gwałtu w orzecznictwie międzynarodowych trybunałów karnych ad hoc(Wydawnictwo Uniwersytetu Rzeszowskiego, 2018) Szpak, AgnieszkaThe aim of the Article is to present the evolution of the definition of rape in the judgments of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The author points to the mutual interaction between the judgments of both Tribunals and to them using each others output. Before those Tribunals were convened and started to function, there were almost no precedents with regard to rape. In the judgments of ICTY and ICTR it has been confirmed that the crime of rape may be a war crime, a crime against humanity or genocide when certain conditions are met. The hypothesis of this Article is that the title Tribunals – as a result of their legal interpretation – adopted a definition of rape that better protects the victims. The formal-legal research method is used focusing mainly on the analysis of legal documents and judgments.