A Study on the Case –Law of the International Criminal Tribunals for the Former Yugoslavia and Rwanda on Sexual Crimes

Abstract

The concept of sexual crimes in times of armed conflicts has provoked a very serious debate in international criminal law. At the same time, the jurisprudence of ICTY and ICTR on issues such as victim’s consent has led to more progressive definitions of rape and other forms of sexual violence in the context of armed conflict. Nevertheless, the diversity of opinions delivered by the different branches of the two tribunals has foreshadowed further development in formulating coherent definitions of war-time sexual crimes. This study aims to address the developments underscoring sexual crimes in the jurisprudence of ICTY and ICTR. Employing an analytical descriptive approach, the paper argues that the silence of the tribunals' statutes on the question of sexual crimes has caused a qualification of these offenses under such headings as war crimes or crimes against humanity. Whether this is a welcome development or not, will be further discussed in this paper.