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- Title
SEXUAL VIOLENCE OR RAPE AS A CONSTITUENT ACT OF GENOCIDE: LESSONS FROM THE AD HOC TRIBUNALS AND A PRESCRIPTION FOR THE INTERNATIONAL CRIMINAL COURT.
- Authors
ROGERS, SHAYNA
- Abstract
In 2010, the International Criminal Court (ICC) issued its first warrant of arrest for sexual violence committed in furtherance of the crime of genocide. Although the ICC has no experience prosecuting sexual violence as genocide under the Rome Statute, such prosecutions are not without precedent: the jurisprudence of the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for Yugoslavia (ICTY) offer guidance. This Article evaluates the jurisprudence of the ICTR and ICTY, and uses that case law to formulate a prescription for future prosecutions at the ICC. This Article concludes that an amendment to the Rome Statute, specifically enumerating sexual violence as a constituent act of genocide, offers the best means of ensuring continued prosecution of genocidal sexual violence under international law.
- Subjects
GENOCIDE lawsuits; RAPE laws; INTERNATIONAL criminal courts; WARRANTS (Law); INTERNATIONAL Tribunal for Rwanda; INTERNATIONAL Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991
- Publication
George Washington International Law Review, 2016, Vol 48, Issue 2, p265
- ISSN
1534-9977
- Publication type
Article