Legal analysis on the crime of rape under ICTR jurisdiction

I. 3.8. Rape as violation of the article 3 common to the Geneva Convention of 1949

This article also is applied within crimes which are under the ICTR jurisdiction. In violation of article 3 common to the fourth Geneva conventions, the crime of rape or any other form of sexual violence was not mentioned explicitly. In contrast, the statute of the ICTR does not only include serious violation of common article of the 1949 Geneva Convention in its article 4, but also the serious violation of Additional Protocol II. The ICTR also refers to the Outrages upon personal dignity, in particular rape enforced prostitution and other form of indecent assault. ^34(*)

There has been only conviction for sexual violence on the basis of the article 4 of the ICTR that is for the accused Laurent Semanza who was convicted on the basis of the article 4; the violence to life, health and physical or mental wellbeing of persons. He was convicted instigating the rape and torture of victim A, conduct for which he had already been convicted rape and torture.^35(*)

After dealing with general overview, by issuing some definitions related to rape in different sources and to know how it is considered with other crimes, we are going to the following chapter II which deals with development of the ICTR on rape cases and sexual violence jurisprudence in international criminal law.

* ³⁴ De Brouwer, A. , Supra national criminal prosecution of sexual violence, Vol.20 , The Hague, Intersentia, 2005

* ³⁵ Prosecutor v. Semanza, Case No. ICTR-97-20, May 20, 2005