Rape in War : Prosecuting the Islamic State of Iraq and the Levant and Boko Haram for Sexual Violence against Women

Authors: 
Title: 
Rape in War : Prosecuting the Islamic State of Iraq and the Levant and Boko Haram for Sexual Violence against Women
Journal Citation: 
50(2) CORNELL INTERNATIONAL LAW JOURNAL, 333-359 (2017)

The article discusses the feasibility of prosecuting militant groups such as ISIL and Boko Haram under the Genocide Convention or the non-genocidal crimes of the Rome Statute. International legal bodies have brought few rapists to justice, and rape remains the least condemned war crime. The author relies on legal precedents established by international tribunals that dealt with the prosecutions of Rwandan and Yugoslavian war criminals. Through evaluation of known facts regarding ISIL and Boko Haram, the author concludes that ISIL militants can be prosecuted for the genocidal rape of Yazidi women, while Boko Haram militants must be prosecuted under the Rome Statute by the International Criminal Court.