The Relevance of the United Nations War Crimes Commission to the Prosecution of Sexual and Gender-Based Crimes Today

This article traces the history of prosecuting wartime sexual and gender based violence (SGBV) as an international crime. The authors examine the United Nations War Crimes Commission (UNWCC) as a focal point in identifying wartime SGBV as being punishable under international law. The authors analyze archival materials from post-WWII Asian and European Tribunals, such as the Chinese War Crimes Military Tribunal and the Special War Crimes Court of Athens, to demonstrate the UNWCC's development of SGBV as a special crime. The article also sheds light on the evolution of rape shield laws, as well as issues related to consent, coercion, and forced prostitution. It then discusses the UNWCC's development of theories of liability and how they are used to prosecute SGBV. The article concludes by suggesting that the UNWCC's treatment of SGBV is significant to contemporary public policy debates surrounding the national and international prosecution of SGBV.