Journal Citation:
3 HOFSTRA LAW & POLICY SYMPOSIUM, 87-109, (1999).
The author of this article argues that the application of international humanitarian law to address accusations of rape and other acts of violence against women remains somewhat shaky and subject to backsliding. Part I outlines the historical context of rape in war. Part II shows how gender violence has gradually been recharacterized under national and international law in recent years. Part III discusses the legal structure of humanitarian law. Finally, Part IV turns to the application of these international norms by the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), with Part V addressing the International Criminal Court. The author concludes that the ultimate success in holding individuals accountable for gendered human rights violations depends on the ability of the ICTY and ICTR to detain defendants and bring them to trial, the efficacity of the resulting prosecutions, and the tribunals' records in respecting and protecting survivors and witnesses. [Descriptors: Armed Conflict, International]