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Rape And Superior Responsibility: International Criminal Law In Need Of Adjustment

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Chapter Summary

This chapter discusses about how well international criminal law is laid down to protect women during armed conflicts. It focuses on current state of international law and what more could be done to address the problem. Women are always at risk of rape during periods of armed conflicts. It is fairly apparent that the criminal responsibility of the superior for rapes committed by his subordinates does not depend on the general risk of rape to which women are exposed during armed conflict. The language of relevant instruments of international law, as typified by the International Criminal Tribunal for Rwanda's groundbreaking (ICTR), the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Court (ICC) Statutes, does clearly indicate that the earliest point at which the superior's duty to prevent the rape.

Keywords: armed conflicts; international criminal law; rape



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