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The Changing Dynamics of International Lawmaking: Trying Heads of State for Rape and Sexual Violence

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image of The Law & Practice of International Courts and Tribunals

New ways of international lawmaking have been largely attributed to the changing nature of international relations, with new actors actively participating in domains traditionally reserved for States. The issue of judges as lawmakers is especially relevant in the international criminal justice domain, where new institutions are being set up. One of the well-covered matters in academic literature has been the prosecution of rape and sexual violence as an example of judicial activism and as a result of the complex relationships between States, international organizations and ngos, as well as the epistemic community of legal professionals. However, trying heads of State for international crimes has been a relatively recent phenomenon. Among a number of trials held worldwide, the trial of the former Liberian President Charles Taylor deserves special attention, not only because it is a finished trial, but also because Taylor was tried for such crimes as rape and sexual violence.

Affiliations: 1: Tyumen State; 2: Institute of History and Political Science, Tyumen State


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