Problems Of Prosecution and Adjudication of Rape and Other Sexual Assaults under International Law
Bibliographic Data
| ID | 12199855 |
|---|---|
| Authors | Kathleen Fitzgerald (European University Institute, corresponding author) |
| Year | 1997 |
| Volume | 8 |
| Issue | 4 |
| Pages | 638-663 |
| Publication date | 1997-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/oxfordjournals.ejil.a015611 |
| OpenAlex | W1965832840 |
| Language | EN |
| Citations received | 3 |
| References cited | 1 |
Copious media coverage of hostilities in the former Yugoslavia placed the issue of rape in war firmly on the international agenda and foreshadowed the advent of a tribunal 1 with explicit international jurisdiction to adjudicate rape and other sexual assaults. Consequently, the international community is now grappling with many of the dilemmas faced domestically in the prosecution and adjudication of these crimes together with a host of new difficulties, both substantive and procedural, which ensue from an international jurisdiction. These difficulties must be confronted by a global community considering the diversity of opinion, culture and expectations of justice that such community entails. This article will examine some of the problems inherent in the international prosecution and adjudication of rape and other sexual assaults 2 and, where relevant, how they are being addressed by the International Criminal Tribunal for the Former Yugoslavia (the Tribunal')-By examining four broad areas -limits on evidence able to be led in cases of sexual assault, protection for victims and witnesses, collection of evidence and judicial education -it will be demonstrated that a progressive legislative framework is not necessarily sufficient to ensure successful international prosecution and adjudication of rape and other sexual assaults
Adjudication · Criminology · Economic Justice · International community · International law · Jurisdiction · Poison control · Political science · Sexual assault · Sexual violence · Sociology · Suicide prevention · Tribunal · Universal jurisdiction · War crime · Gender, Security, and Conflict · International Arbitration and Investment Law · International Law and Human Rights · Law
| Citations per year | 0.13 |
|---|---|
| Citation span | 2002 - 2015 (14) |
| Highly cited | No |