Gosh 2014 Jurisprudence

Title Information


Authors: Gitanjali Ghosh and Shishir Tiwari

Title: The Evolving Jurisprudence of Rape as a War Crime

Subtitle: -

Journal: International Journal of Law and Legal Jurisprudence Studies

Volume: 1

Issue: 6

Year: September 2014

Pages: 43 pages

ISSN: 2348-8212 – Find a Library: Open Access Journal

Language: English

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



Full Text


Link: International Journal of Law and Legal Jurisprudence Studies (Free Access)



Additional Information


Author:

Gitanjali Ghosh: Academia.edu

Shishir Tiwari, Department of Law, North Eastern Hill UniversityAcademia.edu

Abstract: »Rape has always served as a weapon in war to crush the will of one’s opponents and to leave behind scars, the mere mention of which is sufficient to send shudders down the spine of an entire community for times to come in the future. A look into the history of war crimes evidences that they both omitted, trivialized or mischaracterized rape and sexual assault and considered them to be the inevitable collateral damage of war and crimes of secondary importance to other crimes. It is only recently that international law has made significant strides in defining and prosecuting rape which is evident in the judgmentsdelivered by the international tribunals and criminal courts. This paper seeks to examine the evolving jurisprudence of rape as a war crime. In this endeavour, the researchers intend to look at the evolution of war crimes and also construct the history of rape as a weapon of war. The paper also examines the conceptual framework of rape as contained in several international instruments and the views held by international tribunals and criminal courts in this regard. However, the main focus of the paper lies in analyzing the evolution of rape as a war crime and the accomplishments made by the international tribunals and criminal court in prosecuting rape as a war crime.« (Source: International Journal of Law and Legal Jurisprudence Studies)

Contents:

  I. Introduction
  II. The Notion and Origin of War Crimes
  III. The History of Rape as a Weapon of War
  IV. Rape - A Conceptual Framework
    A. The view of the ICTR and ICTY
    B. The view of the ICC
  V. Rape as a War Crime in the ICTY
    A. Jurisdiction of the ICTY
      1. Grave Breaches of the Geneva Conventions of 1949
      2. Laws or customs of war (war crimes)
      3. Genocide
      4. Crimes against humanity
    B. Rape as a War Crime in the trials before ICTY
      1. The Dusko Tadic Trial
      2. The Anto Furundžija Trial
    C. Accomplishments of the ICTY in Prosecuting Rape as a War Crime
  VI. Rape as a War Crime in the ICTR
    A. Jurisdiction of the ICTR
    B. Rape as a War Crime in the trials before ICTR
      1. Jean-Paul Akayesu Trial
    C. Accomplishments of the ICTR regarding Rape as a War Crime
  VII. Rape as a War Crime in the ICC
  VIII. Conclusion
  References
    International Conventions, Protocols and Statutes
    Cases
    Books
    Articles
    Internet Sources

Wikipedia: Wartime sexual violence


Added: December 13, 2014 – Last updated: December 13, 2014