Violence against Women in Scandinavia: a Description and Evaluation of two new Laws Aiming to Protect Women

Violence against women by a present or former male partner has over the last decade been given a higher priority in the political discussion in all of the Scandinavian countries. Increasingly, violence in intimate relationships is viewed as a public rather than a private matter in these countries. With this change in attitudes and levels of political interest, higher expectations are placed on official authorities, including the criminal justice system, to deal actively with this social problem. In all of the Scandinavian countries it may, for example, be decided by a prosecutor that a woman should be protected from a man by issuing a restraining order. Moreover, a new offence called ‘gross violation of a woman's integrity’ was introduced into the Swedish penal code in 1998. With this offence, less serious but repeated violent acts committed by a man against a present or former female partner are to be judged as one serious offence. The stipulated sanction for this offence is imprisonment between 6 months and 6 years. The purpose of this article is to evaluate how the police, the prosecutors and the courts deal with this new offence. The article also present results from an evaluation of restraining orders in Sweden.     

Violence against women as conveyed by surveys – the Finnish case

The methodological choices made in a survey may partly shape the picture a survey conveys of partnership violence. This article considers some of the choices made in the Finnish survey on violence against women, such as the way the violence was defined and how the definition tried to take into account the special characteristics of this kind of violence, in order to help the respondents to identify and recall different events of it. The empirical analyses showed that the used definition of violence had not reached all the respondents representing different population groups. The experiences of partner violence among older, less educated women, and the experiences of those who felt embarrassed or ashamed to speak about issues concerning their partner or partnership, were more probably under-represented in the survey.     

The International Criminal Court and the Darfur crimes: The dilemma of peace and supra-national criminal justice

ABSTRACT

The supra-national criminal prosecution by the International Criminal Court (ICC) of the alleged crimes committed in Darfur raises critical legal and conceptual issues. This article addresses the dilemma of peace, justice and reconciliation from a legal perspective, as well as the justice options that are available. The article also assesses the Sudan's criminal and military laws (both at the substantive and procedural levels) in terms of the country's ability to prosecute international crimes such as war crimes, crimes against humanity and genocide. In this respect, the article argues that these laws fall short of international criminal law standards and principles – particularly the amendments introduced after the United Nations Security Council referred the Darfur situation to the ICC. The article critically examines the Sudan government's policy of non-engagement, which ultimately led to supra-national criminal prosecution (represented by the ICC intervention under the complementarity principle of the Rome Statute). Finally, the article interrogates the report issued by the African Union High-Level Panel on Darfur (AUPD), and evaluates the strengths and weaknesses of its recommendations.     

Contextualising the ‘Responsibility to Protect’ in Darfur

ABSTRACT

This article argues for a thorough contextual analysis based on understanding local, regional and international politico-economic linkages in the Sudan, in order to ground prospects of the ‘Responsibility to Protect’ (R2P) doctrine in the ongoing crisis in Darfur. The R2P framework was crystallised by the International Commission on Intervention and State Sovereignty (ICISS) in 2001. It was adapted and subsequently endorsed by United Nations (UN) member states during the 2005 UN World Summit. The R2P ostensibly provides normative benchmarks on how states should respond to the quadruple human rights violations of genocide, war crimes, crimes against humanity and ethnic cleansing. Indeed, there is debate on whether the prevailing crisis in Darfur constitutes a test case for the application of the R2P. However, such debate is misplaced on two grounds: first, it glosses over the inherent conceptual deficiencies of the R2P, as presently constituted. More importantly, such debate is primarily inspired by reactionary and externalising influences based on past international failings, like Rwanda (1994) and Bosnia (1993). Hence, it is argued that the starting point of analysing the Darfur crisis should be a thorough investigation of how local, regional and international politico-economic factors have historically worked in an orchestrated fashion to trigger and sustain the crisis in the Sudan. Knowledge and an understanding of such historical specificity is a requisite for determining the relevance of the R2P in Darfur. The R2P, as presently constituted and practised, does not address this gap.     

Reconstruction and reparations: Lessons from China and the Pan-African world

Abstract

This article addresses the role of the university and institutions of higher learning in carrying out the mandate of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), held in Durban, South Africa in 2001. The active contribution of the university is anticipated in Article 98 of the Programme of Action published in the Report of the World Conference (2001), which clearly states:

We emphasize the importance and necessity of teaching about the facts and truth of the history of humankind from antiquity to the recent past, as well as of teaching about the facts and truth of the history, causes, nature and consequences of racism, racial discrimination, xenophobia and related intolerance, with a view to achieving a comprehensive and objective cognizance of the tragedies of the past.     

Police Response to Intimate Partner Violence in Canada: Do Victim Characteristics Matter?

This study examines the role of sociodemographic factors and violence characteristics in influencing women's reporting behaviors and types of police intervention received in response to intimate partner violence (IPV) in Canada. A subset of female respondents to Canada's 1999 General Social Survey who experienced physical or sexual IPV by a male perpetrator and who had contact with the police as a result of the violence was used for this analysis (n = 383). Findings suggest significant racial, economic, and social variations in women's motivation for self-reporting violence to the police as well as in the types of law enforcement interventions administered by police in response to reports of IPV. Implications for policy development are examined.     

论公安机关涉案财物管理信息化

愈发严峻的涉案财物管理状况以及日益增强的公民财产权意识对公安机关涉案财物管理工作提出了更高要求。这种要求不仅有利于公民的财产权益的维护,也势必对公安机关的执法规范化建设起到积极作用。在"大数据"时代,将信息化技术运用到涉案财物的管理工作中将是最佳选择,而信息化的涉案财物管理方式也必将以其高效、准确等特性得以广泛应用。     

接轨:挑战与机遇的来临——论加入《联合国反腐败公约》后中国刑事法制的自我调整

我国现行反腐败刑事法律制度与《联合国反腐败公约》存在一定的差距。从实体法方面看 ,该公约对诸多行为的犯罪化态度与我国现行刑法规定很不一致 ;从程序法以及证据方面 ,该公约提出的诸多要求 ,需要我国现行法律积极回应 ;从反腐败国际合作看 ,如何加强国际合作 ,创造稳定的国际合作机制 ,对于我国今后反腐败工作的开展具有重要意义。该公约所建立的诸多机制 ,为我国积极预防和遏制腐败犯罪提供了很大的机遇 ,同时也对我国现行刑事法制提出了挑战。如何根据我国实际与该公约的规定相衔接 ,是我国目前需要认真解决的一大课题。     

Quantitative structure–activity relationship (QSAR) methodology in forensic toxicology: Modeling postmortem redistribution of structurally diverse drugs using multivariate statistics

Postmortem redistribution (PMR) constitutes a multifaceted process, which renders the analytical results of drug concentrations inaccurate to be interpreted by forensic toxicologists. The aim of the present study was to evaluate whether quantitative structure–activity relationship (QSAR) methodology could serve as an effective tool to estimate the ability of drugs to redistribute across tissue barriers during postmortem period on the basis of their molecular, physicochemical and structural properties. In this aspect, multivariate data analysis (MVDA) was applied to a set of 77 structurally diverse drugs. PMR data expressed by the central:peripheral concentration ratio (C:P ratio) was taken from the literature. An adequate and robust QSAR model (R² = 0.65, Q² = 0.56, RMSEE = 0.34) was established for 59 (77%) out of 77 drugs. Although the derived QSAR model presented limited applicability, it provided an informative illustration of the contributing molecular, physicochemical and structural properties in PMR process. Drugs with strong basic properties and enhanced molecular size, flexibility, lipophilicity and number of halogens were found to be susceptible to increased PMR. Due to the high complexity of PMR process, further QSAR studies need to focus on structurally related drugs to develop more specific models, which could serve as alternative tools to evaluate PMR for different chemical classes.