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The Sexual Violence Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda: the Silence Has Been Broken but Theres Still a Lot to Shout about

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Chapter Summary

When the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) were established, they were urged by the General Assembly and the Security Council of the United Nations to pay particular attention to crimes of sexual violence. Feminist analyses have attributed the lack of sexual violence jurisprudence to the fact that international humanitarian law has been drafted and interpreted by men. The jurisprudence developed by the Tribunals is likely to make a significant contribution to the development of customary law, as already reflected in the International Criminal Court (ICC)'s Elements of Crimes, as well as providing persuasive judicial precedent to the future judges of the ICC. Hopefully, this will ensure that the Yugoslav and Rwandan experiences indicate a lasting reversal of centuries of silence regarding the use of sexual violence as a weapon of war.

Keywords: ICTY; International Criminal Court (ICC); International Criminal Tribunal for Rwanda (ICTR); international humanitarian law; sexual violence jurisprudence



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