Contextualizing Sexual Violence Committed During the War on Terror: A Historical Overview of International Accountability
47 Pages Posted: 17 Sep 2011 Last revised: 20 Sep 2011
Date Written: September 15, 2011
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.
Keywords: International Law, International Humanitarian Law, War on Terror, Sexual Violence, Rape, International Criminal Law, International Criminal Tribunal for Rwanda, International Criminal Tribunal for the Former Yugoslavia, International Criminal Court, Kenya
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