Added: January 2, 2016 – Last updated: January 2, 2016

TITLE INFORMATION


Author: Margaret A. Lyons

Title: Hearing the Cry Without Answering the Call

Subtitle: Rape, Genocide, and the Rwandan Tribunal

Journal: Syracuse Journal of International Law and Commerce

Volume: 28

Issue: -

Year: Summer 2001

Pages: 99-124

ISSN: 0093-0709 – Find a Library: WordCat | eISSN: 2330-0906 – Find a Library: WordCat

Language: English

Keywords: Modern History: 20th Century | African History: Rwandan History | Prosecution: Trials / International Criminal Tribunal for Rwanda; Types: Genocidal Rape / Rwandan Genocide



FULL TEXT


Link: ProQuest (Restricted Access)



ADDITIONAL INFORMATION


Abstract: »This paper analyzes the decision of the International Commissional Tribunal for Rwanda (ICTR) that rape constitutes a form of genocide. The paper takes the position that although rape can be genocide, the ICTR's decision stands on shaky ground. The paper argues that classifying rape as genocide, without a strong case, will undermine the credibility of an already tenuous international court system struggling for autonomy. Instead of prosecuting rape as a violation of the laws against humanity, where it is specifically stated, the ICTR infers intent necessary for a conviction of genocide. Part I of this paper begins with the introduction of the history of rape during war. Part II traces the history of the genocide in Rwanda and the historical events leading up to the violence. Part III addresses the watershed case of The Prosecutor v. Jean Paul Akakesu, in which the ICTR decided that rape could constitute a form of genocide.« (Source: ProQuest)

Contents:

  I. Introduction (p. 99)
  II. Genocide in Rwanda (p. 101)
    A. The History of Rwanda (p. 101)
    B. The Revolution (p. 103)
    C. International Intervention (p. 104)
  III. The Akayesu Decision (p. 105)
    A. Rape (p. 105)
    B. Evidence of Rape as Genocide (p. 106)
    C. Intent (p. 108)
  IV. Rape as Genocide (p. 110)
  V. Rape in the former Yugoslavia (p. 111)
    A. Rape as a Policy of Ethnic Cleansing (p. 113)
    B. Decisions of the ICTY (p. 114)
  VI. The Difference between Genocide and Crimes against Humanity (p. 115)
    A. Rape in International Law (p. 116)
    B. Genocide Distinction (p. 118)
    C. Genocide Prosecutions in the Former Yugoslavia (p. 118)
  VII: International Implications (p. 120)
  VIII. Conclusion (p. 122)

Wikipedia: History of Africa: History of Rwanda | Genocide: Genocides in history / Rwandan Genocide | International court: International Criminal Tribunal for Rwanda | Types of rape: Genocidal rape / Rape during the Rwandan Genocide