Koenig 2011 Violence

Title Information

Authors: K. Alexa Koenig, Ryan S. Lincoln, and Lauren E. Groth

Title: Contextualizing Sexual Violence Committed During the War on Terror

Subtitle: A Historical Overview of International Accountability

Journal: University of San Francisco Law Review

Volume: 45

Issue: 4

Year: Spring 2011

Pages: 911-957

ISSN: 0042-0018 – Find a Library: WordCat

Language: English

Keywords: 20th Century, 21st Century | Prosecution: Trials / International Criminal Court; Types: Wartime Rape

Full Text

Link: Social Science Research Network (Free Access)

Link: University of San Francisco Law Review (Free Access)

Additional Information

Abstract: »This article examines the evolution of international norms pertaining to rape and sexual violence during armed conflict and political upheaval. It locates the recent perpetration of acts of rape and sexual violence committed during the War on Terror within this broader context and analyzes the challenges faced by domestic courts when, and if, they attempt to align their jurisprudence with international norms. The article gives specific attention to the jurisprudence of the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia, and the International Criminal Court. Moreover, it explores the recent work by courts in Kenya and Uganda to develop a jurisprudential framework to facilitate prosecuting international crimes in the domestic context.« (Source: Social Science Research Network)


  Introduction (p. 911)
  I. The Development of International Legal Norms Criminalizing Sexual Violence (p. 916)
  II. The Refinement of International Criminal Accountability for Sexual Violence Through the Ad Hoc Tribunals (p. 924)
  III. Accountability for Sexual Violence Through the International Criminal Court (p. 931)
    A. Prosecuting Sexual Violence Though the International Criminal Court (p. 934)
      1. Jurisdiction and Complementarity (p. 934)
      2. Substantive Laws Addressing Sexual Violence (p. 936)
      3. Procedural Laws Addressing Sexual Violence (p. 939)
      4. International Criminal Court Case Law (p. 941)
  IV. Challenges for Domestic Legal Systems (p. 947)
  Conclusion (p. 953)

Wikipedia: International Criminal Court, Wartime sexual violence

Added: December 28, 2013 – Last updated: February 14, 2015