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Abstract

The existence of international sexual crimes in international court jurisprudence and the international law instruments have evolve as an extensive crime from the abundance crime of outrages upon personal dignity, yet still have to front some challenges to attain triumph in its enforcement. This article aims to observe the sexual crimes as international crime in some aspect, namely, its development and the contribution of feminism, the challenges on the law enforcement against international criminal law and the position of feminism in addressing those challenges. In every stage of sexual crimes evolution as international crimes, feminism hold important contribution. Their impact made up in building international community opinion, sounding and criticizing, and engage in making court decisions through judges with a feminism paradigm. The success in ICTY and ICTR landmark decision and the determination of extensive sexual crimes in Rome Statue, renounce some obstacle which might eliminated by feminism ideas and movement. Once again through pressures and criticisms, awareness of sexual crimes shall increase so that come the incriminating in the completion of sexual crimes cases before international court. The role of feminism is also vital through the presence of prosecutors and judges with a feminism paradigm so that, as before, landmark decisions as produced in the ICTY and ICTR can be issued at the ICC.

References

Books

Jean Mari Henckaerts and Louise Doswald-Beck, Customary International Humanitarian Law, Volume I: Rules, (Cambridge University Press, New York, 2005)

Morten Bergsmo and Alf Butenscon Skre, “Toward a More Comprehensive Understanding and Effective Proving of International Sex Crimes, in Morten Bergsmo, Alf Butenscon Skre and Elisabeth J.Wood (editors), Understanding and proving International Sex Crimes, 2012, Torkel Opsahl Academic EPublisher, Beijing, 2012.

Patricia Wildermuth and Petra Kneuer, Ädressing the Challenges to Prosecution of Sexual Violence Crimes before International Tribunals and Court”, in Morten Bergsmo, Alf Butenscon Skre and Elisabeth J.Wood (editors), Understanding and proving International Sex Crimes, 2012, Torkel Opsahl Academic EPublisher, Beijing, 2012.

Xabier Agirre Aranburu, “Beyond Dogma and Taboo, Criteria for the Effective Investigation of Sexual Violance”, in Morten Bergsmo, Alf Butenscon Skre and Elisabeth J.Wood (editors), Understanding and proving International Sex Crimes, 2012, Torkel Opsahl Academic EPublisher, Beijing, 2012.

Journal Articles

Alexandra Adams, “The Legacy of the International Criminals Tribunals for the Former Yugoslavia and Rwanda, and Their Contribution to the crime of Rape”, The European Journal of International Law Vol. 29 no. 3.

B. V. A. Roeling and C. F Rueter (eds.), The Tokyo Judgment: The International Military Tribunal for the Far East, (1977) I, at 385.

Campbell R. The psychological impact of rape victims. Am Psychol. 2008 Nov;63(8):702-17. doi: 10.1037/0003-066X.63.8.702. PMID: 19014228.

Christine Levy, The Women’s International War Crimes Tribunal, Tokyo 2000: a Feminist Response to revisionism, 6.

Katharine T. Bartlett, Feminist Legal Scholarship: A History Through the Lens of the California Law Review, 100 CAL L. REV. 384, 381-429 (2012).

Louisse Chappell,September 2010, ”Gender and Judging at the International Criminal Court”, Politics and Gender, 6 (03): 484-495.

Mark Ellis, “Breaking the Silence: Rape as International Crime”, Case Western Reserve Journal of International Law, Vol 38, Issue 2, 2007.

Milena Sterio, 2020, “Women as Judges at International Criminal Tribunal”, Transnational Law and Contemporary Problem, Vol 29;2.

Richrad J Goldstone Hon, “Prosecuting Rape as a War of Crime” Case Western Journal of International Law, Volume 34, Issue 3, 2002.

Rosie Fowler, “Great Expectation, A Critique of the International Criminal Court’s commitment to victims of sexual gender-based violence”, Gender of International Criminal Law, Vol 2, 2021,

Sandra Fabijanić Gagro, The Crime of Rape in the icty’s and the ictr’s Case-Law, Zbornik PFZ, 60, (3) 1309-1334 (2010).

Tanja Altunjan, “The International Criminal Court and Sexual Violence: Between Aspiration and Reality”, German Law Journal, (2021), 22, 878-893.

United Nations Department of Peacekeeping Operations, REVIEW OF THE SEXUAL VIOLENCE ELEMENTS OF THE JUDGMENTS OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA, THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA, AND THE SPECIAL COURT FOR SIERRA LEONE IN THE LIGHT OF SECURITY COUNCIL RESOLUTION 1820.

Yuki Tanaka, “War, Rape, and Patriarchy: The Japanese Experience”, The Asia Pacific Journal, Volume 18 | Issue 1 | Number 1 | Article ID 5335 | Dec 31, 2019.

Internet References

CIPEV, Report of the Commission of Inquiry into Post-Election Violance, p. 249, http://www.communication.go.ke/documents/CIP EV_FINAL REPORT.pdf, accesed at 23/03/2022

Human Rights Watch, Kosovo: Rape as a Weapon of "Ethnic Cleansing", 1 March 2000, D1203, available at: https://www.refworld.org/docid/3ae6a87a0.html, accessed 21 March 2022.

Nocole Cvercko, Änaylisis: the ICC’s Treatment of Sexual and Gender-Based Violance Crimes”, https://globaljustice.queenslaw.ca/news/analysis-the-iccs-treatment-of-sexual-and-gender-based-violence-crimes, Juli 18 2018, accessed at 23/03/2022.

Patricia Viseur Sellers, The Prosecution of Sexual Violence in conflict: tne Importance of Human Rights as Means of Interpretation, https://www2.ohchr.org/english/issues/women/docs/Paper_Prosecution_of_Sexual_Violence.pdf accessed 22/03/2022.

Rwanda’s women Make Strides Towards Equality 20 Years After Genocide, The Guardian, 7 April 2014.

Thomas, Dorothy Q. and Regan E. Ralph. Rape in War: Challenging the Tradition of Impunity.Rape in War: Challenging the Tradition of Impunity (hrw.org), accessed 22/03/2022.

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