Added: July 4, 2015 – Last updated: July 4, 2015

TITLE INFORMATION


Author: Thekla Hansen-Young

Title: Defining Rape

Subtitle: A Means to Achieve Justice in the Special Court for Sierra Leone

Journal: Chicago Journal of International Law

Volume: 6

Issue: 1

Year: Summer 2005

Pages: 479-494

ISSN: 1529-0816 – Find a Library: WordCat

Language: Englsh

Keywords: 20th Century, 21st Century | Sierra Leonean History | Prosecution: Trials / Special Court for Sierra Leone; Types: Wartime Rape / Sierra Leone Civil War



FULL TEXT


Link: Chicago Unbound: University of Chicago Law School’s Scholarship Repository (Free Access)

Link: HeinOnline (Restricted Access)

Link: ProQuest (Restricted Access)



ADDITIONAL INFORMATION


Abstract: »The SCSL should adopt a definition of rape that best balances the competing interests of promoting human dignity, gender equality, and victims' rights, on one hand; and providing due process to defendants, on the other hand. Part I of this paper briefly describes the conflict in Sierra Leone and analyzes the relevant SCSL provisions-the Special Court's Statute and Rules of Procedure and Evidence. Part II describes the international precedent developed by the ICTR, ICTY, and ICC. Having explored the provisions and goals of the SCSL and the international precedent, Part III presents several issues the SCSL must consider when choosing a definition of rape and argues that adopting a broad definition of rape, similar to the definition set forth by the ICTR, will best serve the goals of the SCSL.« (Source: Chicago Unbound)

Contents:

  I. The Special Court for Sierra Leone (p. 480)
  II. International Legal Precedent (p. 484)
    A. ICTR Definition (p. 484)
    B. ICTY Definition (p. 486)
    ICC Definition (p. 487)
  III. Adopting a Definition of Rape that Reflects the Reality of Armed Conflict (p. 489)
    A. Coercive Circumstances versus Explicit Nonconsent (p. 489)
    B. Conceptual Definition versus Specific Acts (p. 492)
  IV. Conclusion (p. 494)

Wikipedia: Wartime sexual violence: Sierra Leone Civil War, Special Court for Sierra Leone