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Case Analysis: The Definition of Rape and Its Characterization as an Act of Genocide – A Review of the Jurisprudence of the International Criminal Tribunals for Rwanda and the Former Yugoslavia

Published online by Cambridge University Press:  03 March 2004

Magdalini Karagiannakis
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Abstract

Despite the clear prohibition of rape by international law, no conventional or other international instrument defines this international crime or explains its relation to the international crime of genocide. This article reviews the recent precedent-setting judgments of the international criminal tribunals for the Former Yugoslavia and Rwanda which have sought to define rape in international law using different approaches. It also analyses the recent Akayesu Judgment of the Rwanda Tribunal. This is the first decision of an international tribunal to consider the question of whether rape can constitute genocide.

Keywords

genocideInternational Criminal Tribunal for the former YugoslaviaInternational Criminal Tribunal for Rwandarapesexual assault
Type
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Tribunal for the Former Yugoslavia
Information
Leiden Journal of International Law , Volume 12 , Issue 2 , June 1999 , pp. 479 - 490
Copyright
© 1999 Kluwer Law International

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