The offence of rape as a crime against humanity : insights from the United Nations ad hoc tribunals

Abstract

The 20th century marks a significant stride in the development of the offence of rape in international law. The change in perception reflected the shift mainly from viewing rape as “the spoils of war” to the grave crime that it is. Rape was aligned with crimes known for their heinous nature, which, consequently, equates rape as a serious crime. This dramatic milestone is mainly a result of the establishment of the ICTY and ICTR. Under the ad hoc Tribunals, rape was prosecuted only as subsumed under the broader categories of genocide, war crimes, or crimes against humanity ...