engleski

The crime of rape in Case-Law of the international criminal ad hoc tribunals

Even though the women may be an active participants in armed conflicts as a soldiers, they are still mostly the victims. Violation against woman during war time is not just an act of sexual violence, but even the method of warfare, an instrument of revenge and mean of dishonouring not just a woman, but even "her man" and in the end - whole nation. Through the Case-Law of the International Criminal Tribunal for ex Yugoslavia (ICTY) and International Criminal tribunal for Rwanda (ICTR) it has become obvious that the crime of rape is no longer a matter of state, but has been recognized as a crime on international lavel - crime against humanity and (in some cases where we can fortify and sustain a mens rea) even a genocid. The Case-Law of ICTY and ICTR has deterrent descriptions of acts of individual or repetitive rape, but also a various types of sexual abuse and enslavement, forced prostitution, etc. One of the most interesting (but also most daunting) datum relating to this subject is the fact that many women do not acknowledge what happened - because of the traditional family and religious system - in many cases to be a rape victim is a shame for a raped woman.

rape; sexual related crimes; ICTY; ICTR

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