Pregledni rad
Rape as international crime: Development of the definition of rape through judgements of the ad hoc Tribunals for Rwanda and the former Yugoslavia
Ivana Živković
orcid.org/0000-0003-1102-8458
Sažetak
Absence of the definition of rape constituted one of the biggest challenges for international judges when proceedings for the crimes committed in Rwanda and the former Yugoslavia started. As rape and other sexual violence were wide-spread during those conflicts, creation of the definition of rape was essential for conviction of the perpetrators. Through critical analysis of landmark judgments of ad hoc tribunals for Rwanda and the former Yugoslavia, the author presents and evaluates the development of the definition of rape as international crime. In doing so, the author gives particular attention to the evaluation of each definition and emphasises the importance of finding the definition which is appropriate for circumstances of international crimes. Then, considering that the case law of the ad hoc tribunals had a great influence on the definition of rape later adopted by the International Criminal Court, the author presents and analyses the ICC definition and points out similarities and difference between that definition and the ones created earlier. Lastly, the author gives final evaluation of the development of the definition of rape and underlines the value of the conceptual approach as being the most suitable for circumstances of international crimes.
Ključne riječi
definition of rape; sexual violence; international crime; International Criminal Tribunal for Rwanda; International Criminal Tribunal for the Former Yugoslavia
Hrčak ID:
245130
URI
Datum izdavanja:
21.10.2020.
Posjeta: 1.733 *