A critical appraisal of the criminalisation and prosecution of sexual violence under international criminal law

dc.contributor.advisorWerle, Gerhard
dc.contributor.authorAkia, Brenda
dc.contributor.otherNULL
dc.date.accessioned2014-03-25T13:03:31Z
dc.date.accessioned2024-04-02T09:02:49Z
dc.date.available2013/03/20
dc.date.available2013/03/20 12:19
dc.date.available2014-03-25T13:03:31Z
dc.date.available2024-04-02T09:02:49Z
dc.date.issued2011
dc.descriptionMagister Legum - LLMen_US
dc.description.abstractSexual violence leaves the victims psychologically traumatised and stigmatised in the eyes of its community. Used on a large scale, sexual violence can destabilise a society as a whole and when used during armed conflicts, it serves as a powerful weapon against members of a community. During armed conflicts, sexual violence is widespread and systematically used as a tool of war and this makes sexual violence amount to crimes against humanity, genocide and war crimes. This research paper critically analyses and evaluates sexual violence as an international crime, as well as its prosecution under international criminal law mainly by the International Criminal Court (hereafter ICC), International Criminal Tribunal for the Former Yugoslavia (hereafter ICTY) and International Criminal Tribunal for Rwanda (hereafter ICTR). It discusses the problem of selectivity that can be observed in prosecuting sexual violence that has in fact, left many victims of sexual violence dissatisfied. By doing so, it analyses the law as it is to determine whether the law applied during sexual violence prosecutions is sufficient. The paper also states recommendations that can contribute to the effective prosecution of sexual crimes under international criminal law.en_US
dc.description.countrySouth Africa
dc.identifier.urihttps://hdl.handle.net/10566/10376
dc.language.isoenen_US
dc.publisherUniversity of the Western Capeen_US
dc.rights.holderCopyright: University of the Western Capeen_US
dc.subjectCritical appraisalen_US
dc.subjectSexual violenceen_US
dc.subjectSex crimesen_US
dc.subjectProsecutionen_US
dc.subjectSelectivityen_US
dc.subjectArmed conflicten_US
dc.subjectVictimsen_US
dc.subjectInternational criminal lawen_US
dc.subjectInternational criminal courten_US
dc.subjectInternational criminal tribunalsen_US
dc.titleA critical appraisal of the criminalisation and prosecution of sexual violence under international criminal lawen_US

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