Abstract
The present work has attempted to analyze sexual crimes and especially the crime of male rape. The international jurisprudence of international criminal Tribunals and the International Criminal Court has tried to qualify rape either as a crime of genocide in the form of serious bodily and physical injuries, even if not necessarily permanent (lett. b) art. 6 of the Rome Statute; or as a crime against humanity where there are elements of context and above all material elements that emerge from the definitions given by the ad hoc Tribunals and the elements of crimes; or even as a war crime in case it is implemented as a part of a political plan or design, or as part of series of similar crimes committed on a large scale. This behavior is rebuilt in a residual way compared to that of sexual violence, according to a gender specific relationship to speciem . The indication of the level of gravity of the crime is necessary for the relevance of sexual violence and rape as crimes against humanity that we will see in the next years from the panorama of international criminal law.
Highlights
The latest military developments/actions in Syria (April 2018) remind us once again the “huge volume of overwhelming testimonies”, pictures and videos that document the so-called report: “implementation of the Resolution establishing the international, impartial and independent mechanism to assist in the investigation and prosecution of persons responsible for the most serious crimes under international law committed in the Syrain Arab Republic since March 2011”1, led by the French court judge K
This investigation has stated that: “evidence of sexual crimes is overwhelming, but the cases are so many that no prosecution can be brought for all”3. Despite this finding of “impunity” by international criminal law4 for serious sexual crimes5 jurisprudence still know proved that: international criminal law has been vital in fostering the understanding of sexual violence against male in armed conflict6 as a weapon of war that targets a woman but a male role in international society7
The developments in international criminal case law, in respect of the recognition that sexual crimes fall within the scope of international war crimes against humanity and genocide crime8, have been overshadowed by the often frivolous treatment of these crimes by the international criminal justice9
Summary
The latest military developments/actions in Syria (April 2018) remind us once again the “huge volume of overwhelming testimonies”, pictures and videos that document the so-called report: “implementation of the Resolution establishing the international, impartial and independent mechanism to assist in the investigation and prosecution of persons responsible for the most serious crimes under international law committed in the Syrain Arab Republic since March 2011”1, led by the French court judge K. This investigation has stated that: “evidence of sexual crimes is overwhelming, but the cases are so many that no prosecution can be brought for all”. This investigation has stated that: “evidence of sexual crimes is overwhelming, but the cases are so many that no prosecution can be brought for all”3 Despite this finding of “impunity” by international criminal law for serious sexual crimes jurisprudence still know proved that: international criminal law has been vital in fostering the understanding of sexual violence against male in armed conflict as a weapon of war that targets a woman but a male role in international society. The developments in international criminal case law, in respect of the recognition that sexual crimes fall within the scope of international war crimes against humanity and genocide crime, have been overshadowed by the often frivolous treatment of these crimes by the international criminal justice.
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