About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


39 Fordham Urb. L.J. 1249 (2011-2012)
Reconsidering the Theoretical Accuracy and Prosecutorial Effectiveness of International Tribunals' Ad Hoc Approaches to Conceptualizing Crimes of Sexual Violence as War Crimes, Crimes against Humanity, and Acts of Genocide

handle is hein.journals/frdurb39 and id is 1259 raw text is: RECONSIDERING THE THEORETICAL ACCURACY AND PROSECUTORIAL EFFECTIVENESS OF INTERNATIONAL TRIBUNALS' AD HOCAPPROACHES TO CONCEPTUALIZING CRIMES OF SEXUAL VIOLENCE AS WAR CRIMES, CRIMES AGAINST HUMANITY, AND ACTS OF GENOCIDE Kimberly E. Carson- Introduction ................................ .....1250 I. The Evolving Status of Sexual Violence in International Law .1254 A. Proscription of Sexual Violence in Modern International Humanitarian Law ...... .................1257 B. Prosecution of Crimes of Sexual Violence by International Tribunals..............................1260 1. Sexual Violence Jurisprudence at the ICTY and ICTR .................. ..............1262 a. Defining Crimes of Sexual Violence at the ICTY and ICTR......................1264 b. Prosecuting Sexual Violence as a War Crime, Crime Against Humanity, and Act of Genocide at the ICTY and ICTR ..................1268 i. War Crime .................. .....1268 ii. Crime Against Humanity ..............1270 iii. Genocide ................... .....1271 2. Sexual Violence Jurisprudence at the ICC.................1274 J.D., cum laude, Fordham University School of Law, 2012; B.A., summa cum laude, St. Louis University, Madrid, Spain Campus, 2009. During the summer of 2010, the author served as a legal intern in the Chambers Legal Support Section of the Interna- tional Criminal Tribunal for Rwanda. This Note does not divulge or otherwise rely upon any nonpublic information gathered during the course of that internship. She would like to thank Professor Eric Talbot Jensen for inspiring this Note and lending his valuable insight. She would also like to thank Professor Youngjae Lee for his thoughtful evaluation of this Note. 1249