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Part Of Existing Crime Categories Or A Discrete Crime?

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Chapter Summary

The ICC Statute has partly lifted the traditional immunity historically granted by international law to sex criminals. Rape is both a violent crime and a sexual crime. Violent, in the physical sense; and sexual in the sense that it is a part of the social subordination of women that exists. International law regarded sexual offenses as crimes against honor, while ignoring the two components of its physical aspect and its sexual aspect. In its current stage of development, the New Status Quo of the Third Era, international law has placed sex crimes within the framework of the existing categories for violent crimes-and it ignores the second stratum, the sexual/gender stratum. Thus, the recognition of sex crimes in the Rome Statute solely in the framework of the existing violent crime categories does not furnish a comprehensive solution to this problem, because it continues to ignore the gender stratum of these crimes.

Keywords: discrete crime; international law; rape; Rome Statute; sexual offenses

10.1163/ej.9789004189126.i-182.38
/content/books/10.1163/ej.9789004189126.i-182.38
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