Radical Rules: The Effects of Evidential and Procedural Rules on the Regulation of Sexual Violence in War

The author of this article argues that sexual violence during wartime has historically been omitted from the field of international humanitarian law. This article examines the Rules of Procedure and Evidence that guide the conduct of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and reviews the role of the Rules in the prosecution of sexual offences against women. The author concludes that the Rules can assist and reinforce the expansion of legal responsibility for sexual violence in times of armed conflict by reshaping cultural and legal attitudes towards sexual violence occurring during armed conflict. [Descriptors: Armed Conflict, International - Europe, International]