The Prohibition of Rape in International Humanitarian Law as a Norm of Jus Cogens: Clarifying the Doctrine

The author argues that the prohibition of rape in international humanitarian law has become a fundamental norm of jus cogens. He begins by providing an overview of the defining elements of a rule of jus cogens. The author then attempts to clarify the legal status of rape under international humanitarian law as he argues that state law and practice, international conventions, and international and regional judicial decisions indicate the existence of a jus cogens norm prohibiting rape and sexual violence. He concludes that the next step is state recognition of this standard in legal language as well as practice. [Descriptors: Armed Conflict, International]