Defining Crimes Against Humanity in The Process of Writing International Law

摘要本研究项目将增进我们对人权和国际刑法领域跨国倡导的理解。这项研究将收集档案文件，并与法律专家进行面谈，以严格审查“强迫怀孕”这一新的国际罪行。这一法律上的创新，现在已被国际刑事法院的罗马规约定为危害人类罪，其目的是对诸如民兵在前南斯拉夫战争期间强奸妇女以使其怀孕的罪行作出反应。尽管这一罪行具有令人发指的性质，但由于激烈的谈判和跨国民间社会中相互竞争的主张的高度政治化进程，新的法律概念出现了。虽然关于这一进程的结果已经写了很多，但很少有文献分析谈判进程本身的政治动态。PI将采访参加罗马会议的进步派和保守派活动人士，以便更好地了解这一过程和法律结果。特别要指出的是，PI想了解为什么这一罪行只被定为针对妇女的罪行，而强迫怀孕问题的儿童权利方面在很大程度上被忽视了。这一分析将增强我们对新的法律概念是如何在多边论坛中构建和形成的理论理解。就更广泛的影响而言，这项研究将为围绕人权和国际刑法的跨国倡导提供信息。它还将创造一个标准，使学者们能够更可靠地对国际法律规范的文件进行编码。

Defining Crimes against Humanity in the Process of Writing International Law ABSTRACTThis research project will enhance our understanding of transnational advocacy in the area of human rights and international criminal law. The study will collect archival documents and conduct interviews with legal experts to critically examine the new international crime of "forced pregnancy." This legal innovation, now codified as a crime against humanity in the Rome Statute of the International Criminal Court, was meant to respond to crimes such as those committed by militias during the war in the former Yugoslavia, who raped women with the purpose of making them pregnant. Despite the heinous nature of this crime, new legal concept emerged as a result of heated negotiations and out of a highly politicized process of competing advocacy claims in transnational civil society. While much has been written about the outcome of that process, little literature analyzes the political dynamics of the negotiating process itself. The PI will interview activists from both progressive and conservative positions who participated in the Rome conference in order to better understand that process and the legal outcome. In particular, the PI wants to understand why the crime was codified as a crime against women only, while the children's rights dimension of the forced pregnancy issue was largely ignored. The analysis will enhance our theoretical understanding of how new legal concepts are constructed and shaped in multilateral fora. In terms of broader impact, the research will inform transnational advocacy around human rights and international criminal law. It will also create a standard by which scholars can more reliably code documents on international legal norms.