Looting and Rape in Wartime by Inal Tuba;

Author:Inal, Tuba;
Language: eng
Format: epub
Publisher: University of Pennsylvania Press, Inc.

Chapter 5

The Prohibition of Rape in War:

Success: The Rome Statute

Through their decisions in 1990s, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) set the precedents for prosecution of rape as a crime against humanity, a grave breach, a form of genocide, and, finally, a war crime. For the next legal step in the prohibition of rape, however, I examine the inclusion of rape in the Rome Statute of the International Criminal Court (ICC). Although the ICTY and the ICTR indicted1 individuals for rape before 1998, I do not focus primarily on their work as the next steps of the legal change. I concentrate on the Rome Statute, because the rape-related judgments of both courts (the ICTR Akayesu case, September 2, 1998, and the ICTY Celebici case, November 16, 1998) came after the Rome Statute was signed (July 17, 1998), and both judgments refer to the Rome Statute.2

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