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Sexual Violence As Genocide: The Important Role Played By The Bassiouni Commission In The Recent Development Of International Criminal Law

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Chapter Summary

The 1992 Commission of Experts (Bassiouni Commission) has made wide-ranging contributions to a number of major developments in international criminal law over the last decade. At the institutional level, the Commission?s most obvious contribution was the part it played in decision to establish an ad hoc international criminal tribunal, the International Criminal Tribunal for the former Yugoslavia (ICTY). This chapter analyzes the part taken by Bassiouni Commission in creation of ICTY. The Commission of Experts also made a meaningful contribution to evolution of international law relating to, for example, the characterization of international/non-international conflicts, as well as the definition of crimes against humanity and command responsibility. The Commission also made a possibly more decisive contribution regarding the definition of rape and sexual violence in international criminal law. The chapter focuses on the invaluable work of the Commission in this respect and its contribution to recent developments in international criminal law.

Keywords: Bassiouni Commission; genocide; humanity; international criminal law; International Criminal Tribunal for the former Yugoslavia (ICTY); sexual violence



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