Rape and International Criminal Law

Rape and International Criminal Law

by Irene Piccolo (Editor)

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Product Details

ISBN-13: 9789058871640
Publisher: International Courts Association
Publication date: 08/01/2013
Series: International Criminal Law Series
Pages: 540
Product dimensions: 5.90(w) x 9.10(h) x 1.40(d)

Table of Contents

Introduction 9

1 Historical evolution of the concept of "rape" 11

2 Definition of rape in international law 19

3 Constitutive elements: actus reus, mens rea, non consent 25

4 United Nations Commission on Yugoslav conflict: Rape as tool of "ethnic cleansing" 35

5 International Tribunals and procedural issues

a historical context: Former Yugoslavia and Rwanda 41

b creation of the ad hoc Tribunals 48

c protection of victims 53

d guarantees for accused 59

6 Main judgements:

a Tadic and Blaskic: rape as element of a widespread or systematic campaign of terror 61

b Akayesu: rape as genocide 63

c "Cilibici Camp" and case law on Rape as Torture 67

d Furundzija : Rape as a War Crime 74

e Kunarac et al. ("Foca") and Rape as a Crime Against Humanity 75

7 Conclusion 77

Bibliography 79

Appendix

Documents

Draft Code of Crimes against the Peace and Security of Mankind 1996 89

Final report of the Commission of Experts established pursuant to Security Council resolution 780 (1992) ("Bassiouni Report") 99

International Criminal Court (ICC) Statute 183

International Criminal Court (ICC) Elements of Crimes 257

International Criminal Court (ICC) Rules of Procedure 301

Special Court for Sierra Leone (SCSL) Statute 383

Regulation establishing East Timor Panels 393

Case Law ICTR and ICTY

1 Paul Akayesu (ICTR) 409

2 Case law of the ICTY with regard to Rape; an overview 523

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