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de Brouwer, Anne-Marie; Kaitesi, Usta --- "Sexual violence" [2016] ELECD 1516; in de Brouwer, Anne-Marie; Smeulers, Alette (eds), "The Elgar Companion to the International Criminal Tribunal for Rwanda" (Edward Elgar Publishing, 2016) 171

Book Title: The Elgar Companion to the International Criminal Tribunal for Rwanda

Editor(s): de Brouwer, Anne-Marie; Smeulers, Alette

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784711696

Section: Chapter 6

Section Title: Sexual violence

Author(s): de Brouwer, Anne-Marie; Kaitesi, Usta

Number of pages: 31

Abstract/Description:

In this chapter some of the legacy of the ICTR with regard to its sexual violence prosecutions will be addressed. In particular, areas in which the ICTR made significant contributions to the interpretation of international criminal law will be discussed as well as areas where it arguably failed to do so or where its results are mixed. This chapter will start with a short introduction of the sexual violence as it took place in Rwanda during the genocide in 1994 and the ICTR’s statistics on prosecuting sexual violence (sections 2 and 3, respectively), followed by the following topics seen from the ICTR’s contribution – or lack thereof – to international criminal law with regard to sexual violence prosecutions: sexual violence as genocide, crimes against humanity and war crimes (section 4); the definition of rape (section 5); modes of liability in cases of sexual violence (section 6); female perpetrators of sexual violence (section 7), male victims of sexual violence (section 8); and procedural issues related to sexual violence (section 9). The chapter will conclude with some final remarks on the ICTR’s contribution to sexual violence prosecutions in international criminal law. During the 100 days of genocide that ravaged the small country of Rwanda in Central/East Africa from April till July 1994, between 800,000 and 1,000,000 Tutsi and moderate Hutu were killed, while hundreds of thousands of women and girls were raped and/or experienced other forms of sexual violence.