Search results for Criminalisation

Related keyword Prevention

Related words Criminalise outlaw

International Humanitarian Law

III.1 States must outlaw CRSV

Under common article 1 of the Geneva Conventions, States must respect and ensure respect for the Conventions in all circumstances and must take measures necessary to suppress acts contrary to their provisions. Under customary IHL, the obligation of States to respect and ensure respect for international humanitarian law also applies more generally to all IACs and NIACs. Even States that are not parties to a specific conflict have obligations in this respect. As part of implementing this more general obligation, criminalising sexual violence in all its forms and in all armed contexts is an important step for ending CRSV.

Private actors including private military and security companies (PMSC). Under IHL, States have obligations to prevent and respond to violations of IHL committed by private actors. In certain circumstances, States can also become directly responsible for the violations, which entails further obligations such as to provide reparations.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

III.1 States must criminalise CRSV

Under article 2(1), States Parties must prevent torture through effective legislative or other actions. States must ensure that the offence of torture is criminalised in line with article 1 of the Convention , as well as article 4, which covers attempts to commit torture and any acts which constitute complicity or participation in torture.

The obligations to prevent torture under article 2 and ill-treatment under article 16(1) 'are indivisible, interdependent and interrelated'. The obligation to prevent ill-treatment in practice overlaps with the obligation to prevent torture. Article 16, identifying the means of prevention of ill-treatment, emphasises the adoption of the measures outlined in articles 10 to 13 on education, interrogation, investigation and complaints, but 'does not limit effective prevention to these articles'. The conditions that give rise to ill-treatment 'frequently facilitate torture and therefore the measures required to prevent torture must be applied to prevent ill-treatment'.

International Covenant on Civil and Political Rights (ICCPR)

III.2 State should adopt legislative and other measures to eliminate CRSV

Under article 2(2), States should adopt laws or other measures to give effect to the rights recognised in the Covenant. In particular, they should adopt legislative and other measures to afford everyone protection against torture and ill-treatment. Thus, criminalising sexual violence in all its forms is an important step in eliminating CRSV.

Further, States should:

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

III.1 States must criminalise CRSV

Under article 2(1), States Parties must 'condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms'.

Under article 4(a), States must criminalise:

Introduction

(Search hits: 1 in body, 0 in title, 0 in categories, 0 in tags, 0 in other taxonomies, 0 in comments. Score: 788.66)

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

(Search hits: 1 in body, 0 in title, 0 in categories, 0 in tags, 0 in other taxonomies, 0 in comments. Score: 788.66)

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

(Search hits: 3 in body, 0 in title, 0 in categories, 0 in tags, 0 in other taxonomies, 0 in comments. Score: 2365.98)

Convention on the Rights of Persons with Disabilities (CRPD)

(Search hits: 1 in body, 0 in title, 0 in categories, 0 in tags, 0 in other taxonomies, 0 in comments. Score: 788.66)

United Nations Peace and Security

(Search hits: 2 in body, 0 in title, 0 in categories, 0 in tags, 0 in other taxonomies, 0 in comments. Score: 1577.32)

Partners

Postcode Loterij logo UKaid logo FIGO logo ICSC logo

In collaboration with