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UPA Perpustakaan Universitas Jember

Processes of Criminalization in Domestic and International Law: Considering Sexual Violence

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This article explores some conceptual issues regarding criminalization at the
domestic and international levels. It attempts to explain what it means to say that a
particular kind of conduct has been criminalized, and considers how the processes of
criminalization differ in domestic and international law. In unpacking these issues, the
article takes the examples of rape and sex trafficking in domestic and international legal
systems, explores whether these offenses are criminalized more broadly in international
criminal law as compared to domestic criminal law, and briefly outlines possible explanations
for this disparity.

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