Does it matter that we call it torture?
We usually think of torture as an act by the State against an individual, and, usually against an individual in prison or a detention...
Two basic premises for prosecuting sex crimes during conflict
1. Violations have to occur as part of an attack against the civilian population or during armed conflict In international criminal law,...
Why prosecute on the basis of joint criminal enterprise? Taking Akayesu as an example.
JCE is inclusive and expansive in scope. It can be used to prosecute each co-perpetrator who participates in a common criminal plan/...
Prosecuting multiple people under the doctrine of joint criminal enterprise
The doctrine of Joint Criminal Enterprise or JCE has been instrumental to securing a number of convictions for crimes of sexual assault...
Proving non-consent in the case of Kunarac and Gacumbitsi
Kunarac The case of Kunarac concerned the detention and enslavement of women within an apartment that was allegedly being used to...
Examples of how joint criminal enterprise was use at the tribunals
Liability can extend to recurrence of crimes The Krijsnik Judgment established that in addition to the original crimes under JCE,...
Activism behind prosecuting rape
Over the years various resolutions have been passed: Resolution 1820; 1325 (2000) and 1889 (2009) on Women and Peace and Security;...
Proving non-consent
There is no commonly accepted definition of the term rape and sexual assault in international law. Take Art 7(1)(g) of the Rome Statute...
The first conviction for rape
During the conflict in Rwanda, even though rape featured prominently in the commission of the core crimes, the first round of indictments...
Prosecuting higher ranking officers for crimes committed by their subordinates
The use of command/superior responsibility was an innovation of international criminal law. Indeed for international criminal law to...
