Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Beyond Consent: Conceptualising Sexual Assault in International Criminal Law

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of International Criminal Law Review

This article examines the development, definition and treatment of sexual assault in international criminal law over time. It charts the evolution of sexual assault as a crime, with particular focus on the relevant statutory provisions and jurisprudence of the ICTY, ICTR and ICC, noting that the recent characterisation of sexual assault as a genus crime including rape significantly broadens the scope of the offence. The article analyses some of the legal and conceptual problems arising from the use of non-consent as an element of sexual crimes, comparing the approach of the ad hoc tribunals with the (as yet untested) principles in the ICC's foundation documents. It is submitted that proof of coercion, rather than proof of non-consent, is the appropriate test to use in conceptualising crimes within the genus of sexual assault, and that consent should instead be raised as a defence where relevant.

Affiliations: 1: International Criminal Tribunal for the former Yugoslavia


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    International Criminal Law Review — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation