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

Alexa Koenig

University of California, Berkeley - School of Law; University of San Francisco

Ryan S. Lincoln

University of California, Berkeley - School of Law

Lauren Groth

University of California, Berkeley - School of Law

Date Written: September 15, 2011

Abstract

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

Suggested Citation

Koenig, Alexa and Lincoln, Ryan S. and Groth, Lauren, Contextualizing Sexual Violence Committed During the War on Terror: A Historical Overview of International Accountability (September 15, 2011). University of San Francisco Law Review, Vol. 45, No. 4, p. 911, 2011. Available at SSRN: https://ssrn.com/abstract=1928169

Alexa Koenig (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

University of San Francisco ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

Ryan S. Lincoln

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

Lauren Groth

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

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