Marochkin 2014 Rape

Title Information

Authors: Sergey Y. Marochkin and Galina A. Nelaeva

Title: Rape and Sexual Violence as Torture and Genocide in the Decisions of International Tribunals

Subtitle: Transjudicial Networks and the Development of International Criminal Law

Journal: Human Rights Review



Year: July 2014


ISSN: 1524-8879 – Find a Library: WordCat | eISSN: 1874-6306 – Find a Library: WordCat

Language: English

Keywords: 20th Century, 21st Century | Prosecution: Laws, Trials

Full Text

Link: SpringerLink [Restricted Access]

Additional Information

Abstract: »International criminal tribunals established by the UN Security Council in the 1990s have been widely acclaimed as active participants in the modern system of dynamic criminal justice. One of their best known achievements is the prosecution of rape and sexual assaults. The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) set an example for other tribunals to follow. By interpreting a variety of international laws, the community of international legal professionals has been able to shift the prevailing understanding of rape and sexual violence away from that of an “unfortunate byproducts of war.” Not only has the epistemic community of legal professionals been able to end impunity for these crimes, but case-law of international tribunals has become a basis for subsequent trials at quasi-international tribunals. Decisions of the tribunals have been instrumental in drafting the Statute of the International Criminal Court and can be regarded as an example of the formation of new international norms by means of judicial decisions.« (Source: Human Rights Review)

Added: July 19, 2014 | Last updated: July 19, 2014