Kathleen M. Pratt and Laurel E. Fletcher,
Time for Justice: The Case for International Prosecutions of Rape and Gender-Based Violence in the Former Yugoslavia, 9
Berkeley Women's L.J.
Available at: http://scholarship.law.berkeley.edu/facpubs/1769
This article begins with a brief overview of the historical invisibility of rape and other gender-based violence in international humanitarian and human rights discourse. It also describes the factual basis for prosecutions of rape and other forms of gender-based violence in the context of the former Yugoslavia. Finally, the authors examine relevant provisions of the Statute of the Tribunal, which under conventional and customary international law, provide the Tribunal with jurisdiction to prosecute rape and other forms of gender-based violence as international crimes. This section reviews the types of rapes and forms of gender-based violence captured by each statutorily defined substantive crime and explains why gender-specific offenses must be recognized and prosecuted under all of these relevant provisions. (Copyright applies to all Abstracts.)