性暴力危害人类罪的类型分析及防治对策

危害人类罪项下的性暴力是严重且易忽视的罪行,性暴力作为危害人类罪项下的罪目从前南国际刑庭规约开始便被强调,至罗马规约时发展完善,范围从需要战时条件制约到如今并非只发生在冲突期间。性暴力危害人类罪可以分为与冲突有关性暴力犯罪,选举、政治斗争的性暴力和驱逐非法移民,拘留、审讯过程等其他形式的性暴力犯罪类型。针对性地建立预警机制、强调军事纪律、加强司法保护和国际干预等措施刻不容缓。

The Classification Analysis and Preventive Measures of Sexual Violent Crime against Humanity

The Sexual Violent began to be emphasized in the rule of ICTY as clauses and subclauses of Crimes against humanity and it was improved in the Rome Statute. Sexual Violent Crime against Humanity needed the limit of the ＂in the conflict＂at first and deleted now. Sexual Violent Crime against Humanity can be classified the conflict-related sexual violence,sexual violence in the context of elections,political strife,sexual violence in the context of expelling illegal immigrants and sexual violence in the context of detention and interrogation. Besides,we could take preventive measures as follows： development of early warning indicators,and strengthening of military discipline.