TITLE

THE EVOLVING JURISPRUDENCE OF THE CRIME OF RAPE IN INTERNATIONAL CRIMINAL LAW

AUTHOR(S)
WEINER, PHILLIP
PUB. DATE
May 2013
SOURCE
Boston College Law Review;May2013, Vol. 54 Issue 3, p1207
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
For centuries, rape has served as a weapon of war, despite crim-inal prohibitions forbidding its use. Nevertheless, only in recent decades has international law made significant strides in defining and prosecuting rape as a war crime and crime against humanity. International criminal tribunals prosecuting crimes of sexual violence in prior conflict zones such as Rwanda, Sierra Leone, and the former Yugoslavia have struggled to develop a coherent definition of the elements of rape. This is largely due to the unique aspects of consent and coercion that are inherent with-in a surrounding context of armed conflict. This Article begins by explor-ing the elements of rape as defined by the major international criminal tribunals existing today, and subsequendy examines the manner in which each court considers proof of consent and coercion. It then surveys some of the recent and more progressive developments in rape law jurispru-dence both domestically and internationally. Finally, this Article recom-mends several specific steps that international criminal tribunals could employ to more effectively and equitably prosecute rape as a war crime and crime against humanity.
ACCESSION #
89007494

 

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