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1. The Legacy of the International Criminal Tribunals for the Former Yugoslavia and Rwanda and Their Contribution to the Crime of Rape

Author:
Alexandra Adams
Publication Date:
07-2018
Content Type:
Journal Article
Abstract:
The article analyses the over 20 years’ jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda with respect to the crime of rape. It discusses how the attitude towards the prosecution of sexual crimes has changed since the Tribunals work began and what impact its jurisprudence has had on other attempts to define rape (elements of crime [EOC]). The article explores in depth the various definitions of rape given by the different chambers of both Tribunals. Consequently, it examines if the ultimate definition of the Kunarac chamber will prevail in international law. Not only are the weaknesses of the Kunarac definition that followed a pure consent approach revealed but the EOC of rape that opted for a combination of the coercion approach with one aspect of the lack-of-consent doctrine (incapacity) also face criticism. This leaves only one response – namely, that the elements of rape in international criminal law today can only be based upon a newly conducted comparison of national laws, thereby reflecting the general principles of the major legal systems of the world. The strongest accomplishment of both Tribunals concerning the crime of rape therefore lies not in the clarification of the elements of rape but, rather, in the revelation of a law-finding method, which is indispensable to the rudimentary field of international criminal law.
Topic:
International Law, War Crimes, Gender Based Violence, Courts, and Rape
Political Geography:
Europe, Yugoslavia, and Rwanda

2. Down, but Not Out: The FDLR in the Democratic Republic of the Congo

Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Small Arms Survey
Abstract:
The Forces Démocratiques de Libération du Rwanda (Democratic Forces for the Liberation of Rwanda, FDLR)—including its armed wing, the Forces Combattantes Abacunguzi (Abacunguzi Fighting Forces, FOCA)1—is among the most enduring armed groups in the eastern Democratic Republic of the Congo (DRC). Several members of the group’s top leadership are suspected of involvement in the 1994 Rwandan genocide, making the FDLR’s continued presence in the DRC a recurring point of contention between Kinshasa and Kigali and a source of tensions for the Great Lakes region as a whole (Omaar, 2008, pp. 65– 66, 236–312). Maj. Gen. Sylvestre Mudacumura, the group’s military commander, is wanted by the International Criminal Court for war crimes committed in the DRC itself (ICC, 2012). The group’s presence has also led to the emer- gence of local armed groups that claim to protect communities, further complicating security dynamics in the eastern DRC (Debelle and Florquin, 2015, p. 206).
Topic:
Security, Political Violence, Ethnic Conflict, Genocide, Armed Struggle, and War Crimes
Political Geography:
Democratic Republic of the Congo and Rwanda