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The Weaponization Of Rape: Conflict-Related Rape And The International Criminal Court, Claire Velte

International Relations Honors Papers

Conflict-related rape—once thought to be an inevitable symptom of war—has been legally recognized as both a distinct weapon of war and a crime against humanity, yet it continues to be utilized with impunity. To understand why combatants rape, this paper examines the aspects of military culture that create environments in which raping is not only permissible, but encouraged; additionally, this paper considers cases of genocide in Bosnia and Rwanda in which rape was used systematically to achieve political goals, and how these conflicts contributed to new conceptions of rape in international criminal law. These new conceptions of conflict-related rape created …

The Problems Facing The International Criminal Court: African Perspectives, Sarah Nimigan

Electronic Thesis and Dissertation Repository

Since the establishment of the International Criminal Court (ICC), it has faced serious problems and has been subject to criticism, particularly from African states. More specifically, some African states have argued that the operation of the Court has produced outcomes that are vastly different from what was imagined and hoped for at the time the Court was negotiated in 1998. The dissertation answers four interrelated research questions: (1) What kind of International Criminal Court (ICC) did African states want prior to and during the Rome Diplomatic Conference in 1998? (2) Why did African states ratify the Rome Statute more than …

Rape And Sexual Violence Used As A Weapon Of War And Genocide, Larissa Peltola

CMC Senior Theses

Rape and other forms of sexual violence have been used against civilian populations since the advent of armed conflict. However, recent scholarship within the last few decades proves that rape is not a byproduct of war or a result of transgressions by a few “bad apples,” rather, rape and sexual violence are used as strategic, systematic, and calculated tools of war, ethnic cleansing, and genocide. Rape has also been used as a means of preventing future generations of children of “undesirable” groups from being born. Rape and sexual violence are also used with the purpose of intimidating women and their …

Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino

Senior Projects Spring 2017

The fall of the Soviet Union in combination with the failures of the international community to intervene in the genocides of the former Yugoslavia and Rwanda spurred a new enthusiasm for human rights as a wholly independent movement, termed the human rights wave. This paradigm shift, identified by Stefan-Ludwig Hoffmann, was an embrace of human rights rooted in the redemption of past wrongs. This project is structured as a jurisprudential genealogy that will explore the human rights wave in the context of the Women’s Caucus for Gender Justice, a facet of the transnational women’s network, and their quest to mainstream …

Explaining The Establishment Of The Independent Prosecutor Of The International Criminal Court, Laszlo Sarkany

Electronic Thesis and Dissertation Repository

The aim of this dissertation is to discern and explain why states established the International Criminal Court (ICC) with an independent Prosecutor with the aid of theories of international relations. The theories utilized were neorealism, neoliberal institutionalism, historical institutionalism, constructivism and liberal-pluralism. In order to complete the above-stated task, two supplemental questions were asked: first, how may one able to explain policy formulation in regards to the ICC; and second, what accounts for the victory of the supporters. The comparative case study method of the ‘method of agreement’ was employed. Canada and the United Kingdom – from among the supporters …

The Exclusion Of Improperly Obtained Evidence At The International Criminal Court: A Principled Approach To Interpreting Article 69(7) Of The Rome Statute, Michael Madden

LLM Theses

This thesis examines article 69(7) of the Rome Statute, which creates an exclusionary rule for improperly obtained evidence at the International Criminal Court (ICC). Ultimately, the thesis proposes how the ICC should interpret its exclusionary rule. The thesis discusses the theory underlying exclusionary rules, the evidence law and remedial law contexts within which exclusionary rules operate, and numerous comparative examples of exclusionary doctrine from within national criminal justice systems. Finally, some unique aspects of international criminal procedure are described in order to demonstrate how an international exclusionary rule might need to differ from a domestic rule, and previous jurisprudence relating …

The 1998 Rome Statute Of The International Criminal Court: Scope Of The Subject Matter And Personal Jurisdiction Of The Court Towards Individual Criminal Accountability, Remigius Oraeki Chibueze

Theses and Dissertations

The principle of individual criminal responsibility evidences the recognition by the international community that crimes against international law are committed by individuals, not abstract entities and only by punishing individuals who commit such crimes can the provisions of international law be enforced.

This principle which was first propagated by the Nuremberg tribunal has now been confirmed and codified by the international community in the Rome Statute of the International Criminal Court. The Rome Statute established a sui generis permanent international criminal court and unequivocally provides that a person who commits a crime within the jurisdiction of the Court shall be …