Rape as a Crime in International Humanitarian Law: Where to from Here?
Author: Dixon, Rosalind
Source: European Journal of International Law, Volume 13, Number 3, April 2002 , pp. 697-719(23)
Publisher: Oxford University Press
Abstract:This article examines recent developments in the prosecution of crimes of sexual violence under international law. The author suggests that these developments are driven by the dual imperatives of a feminist re-order project which seeks to reconstitute the international order free of sexual violence and the imperative of recognition for victims of crimes of sexual violence. She argues, however, that by itself, a system of international criminal prosecution will be inadequate to meet the imperative of recognition for victims. She relies in this respect on research on the experiences of victims in national criminal justice systems, on the growing trend towards victims of crimes of sexual violence seeking redress in transnational civil forums, and an analysis of the constraints of the international prosecution process. The article goes on to argue that the concept of international justice for crimes of sexual violence needs to be expanded, beyond even those embodied in the ICTY or Rome Statutes, to include primary and not simply ancillary civil forums for the granting of restitution. The author proposes a system of international victims' compensation, and makes preliminary suggestions for the features such a system should have. She further argues that, ultimately, this system will produce a parallel jurisprudence of recognition which will eventually act back on the discourses of international criminal prosecutions and the imperatives of an order/re-order project.
Document Type: Research article
Publication date: 2002-04-01
- The European Journal of International Law is firmly established as one of the world's leading journals in its field. With its distinctive combination of theoretical and practical approaches to the issues of international law, the journal offers readers a unique opportunity to stay in touch with the latest developments in this rapidly evolving area. Each issue of the EJIL provides a forum for the exploration of the conceptual and theoretical dimensions of international law as well as for up-to-date analysis of topical issues. Additionally, it is the only journal to provide systematic coverage of the relationship between international law and the law of the European Union and its Member States.