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Schneider, Mary Deutsch
June 4, 2015

Source: (2007) North Dakota Law Review 83:915ff

While the laws of warfare have, for centuries, both implicitly and explicitly prohibited rape of combatants and noncombatants, those prohibitions were enlarged by the Rome Statute and the Tribunals to include other forms of sexual violence, including sexual slavery, forced impregnation, forced maternity, forced abortion, forced sterilization, forced marriage, forced nudity, sexual molestation, sexual mutilation, sexual humiliation, and sex trafficking. … As the result of findings of widespread and systematic rape, and “ethnic cleansing,” from a commission of experts established by the United Nations Security Council, the International Criminal Tribunal for the former Yugoslavia (ICTY) was created with the mandate to prosecute “persons responsible for serious violations of international humanitarian law committed
in the territory of the former Yugoslavia since 1991.” . … For the many gender violence victims who will never make the trip from Darfur to The Hague, and
for their many perpetrators who will never be indicted there, the ICC can provide two great benefits with impact outside
of, and beyond the court: (1) pressure to move Sudan toward a workable, responsible, and legitimate justice system with
laws and procedures modelled on the ICC’s gender violence protections; and, (2) meaningful reparations for victims. (Excerpt)


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