The outlaw of sexual violence during an armed conflict: the analysis of the prosecution of rape from ICTY and ICTR to ICC

Abstract

Sexual vioence is a widespread phenomenon used during an armed conflict, especially, as a weapon of war. Although prohibited by laws and prosecuted within numerous cases, issued by various courts as well as ad hoc tribunals, it is still extensively executed to this day in numerous its manifestations. This thesis analyses the development of the prosecution of rape as one of the manifestation of sexual violence during an armed conflict. Specifically, it examines the impact of International Criminal Tribunal for Former Yugoslavia and International Criminal Tribunal for Rwanda and their proposed elements for prosecution of rape on the prosecution of rape before the International Criminal Court.