Gagro 2010 Crime

Title Information

Author: Sandra Fabijanić Gagro

Title: The Crime of Rape in the ICTY's and the ICTR's Case-Law

Subtitle: -

Journal: Zbornik Pravnog fakulteta u Zagrebu

Volume: 60

Issue: 3

Year: December 2010

Pages: 1309-1334

ISSN: 0350-2058 – Find a Library: WordCat

Language: English

Keywords: 20th Century, 21st Century | Bosnian History, Rwandan History | Prosecution: Trials / International Criminal Tribunal for Rwanda, International Criminal Tribunal for the former Yugoslavia; Types: Genocidal Rape / Rwandan Genocide; Wartime Rape / Bosnian War

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Link: Hrcak: Portal of scientific journals of Croatia [Free Access]

Additional Information

Abstract: »Despite the fact that women may be active participants in armed conflicts as soldiers, they are still mostly the victims. Violation against women during war time is not just an act of sexual violence, but rather a method of warfare, i.e., an instrument of revenge and a means of dishonouring not just the woman, but “her man“ and in the end the whole nation. Through the case-law of the International Criminal Tribunal for the Former Yugoslavia (hereinafter: ICTY) and the International Criminal Tribunal for Rwanda (hereinafter: ICTR) it has become obvious that the crime of rape is no longer a matter of state, but that it has been recognized as a crime on the international level – as a crime against humanity, serious war crime, and (in some cases where we can fortify and sustain a mens rea) even genocide. The fact that many women do not acknowledge what happened - because of the traditional upbringing and rigid religious systems, is at the same time interesting and daunting. In many cases being a rape victim is a shame for the raped woman. (Source: )


  1. Introduction (p. 1309)
  2 History of Rape as a Weapon of War (p. 1311)
  3 Rape Cases in the Former Yugoslavia and Rwanda in the early 1990s (p. 1314)
  4 The Definition of Rape in the ICTY's and ICTR's Case-Law (p. 1320)
  5 Prosecution of Rape (p. 1324)
    A Rape as a Crime against Humanity (p. 1324)
    B Rape as a serious war crime (p. 1325)
    C Rape as Torture (p. 1326)
    D Rape as a Crime of Genocide (p. 1328)
  6 Conclusion (p. 1331)

Wikipedia: Genocidal rape: International Criminal Tribunal for Rwanda, Rape during the Rwandan Genocide, Rwandan Genocide; War rape: Bosnian War, International Criminal Tribunal for the former Yugoslavia, Rape during the Bosnian War

Added: August 16, 2014 | Last updated: August 16, 2014