EUROPEAN JOURNAL OF INTERNATIONAL LAW

This article examines some of the problems inherent in the international prosecution and adjudication of rape and other sexual assaults comimited during armed conflict and how they are being addressed by the International Criminal Tribunal for the Former Yugoslavia (ICTY).

This article discusses States' general obligations under international human rights law to protect individuals from abuses committed by third parties. The article argues that the scope of the State's duty to protect from third-party harm depends on the relation between the State and the third-party, as well as the type of harm. The article specifically addresses the responsibility of States to protect women from private acts of violence, an obligation that is described as both extensive and disjointed. The article thus proposes a generalized framework for State bystander

This paper considers the response of international law to rape and other forms of sexual abuse committed against women during the course of an armed conflict. The author identifies the relevant substantive law as well as the possible international foras where enforcement might be pursued. She then asks whether international legal remedies offer an adequate response to rape. She concludes

This paper considers international legal responses to rape and other forms of sexual abuse committed against women during the course of an armed conflict. The author identifies the relevant substantive law as well as the possible international fora where enforcement might be pursued. She then asks whether international legal remedies offer an adequate response to rape. She concludes that the international system focuses too much on punishing the wrong-doer and not enough on compensating the victim.

"...Only by understanding the factors that hinder national courts from becoming the enforcement agencies of international law will it be possible to assess the real potential of national courts in the international arena and the means to realize it." "The first part of the article is an inquiry into the practice of national courts with respect to the application of international law. This comparative analysis demonstrates the existence of a similar pattern of behaviour in most jurisdictions.