Problems of Prosecution and Adjudication of Rape and Other Sexual Assaults under 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). By examining four broad areas - limits on evidence able to be led in cases of sexual assault, protection for victims and witnesses, collection of evidence and judicial education - the author argues that a progressive legislative framework is not necessarily sufficient to ensure the successful international prosecution and adjudication of rape and other sexual assaults.