Quelques apports des Tribunaux pénaux internationaux, ad hoc et notamment le TPIR, à la lutte contre les violences sexuelles subies par les femmes Durant les génocides et les conflits armés

Abstract

Sexual assault is amongst the most outrageous and rampant weapons of armed conflicts and mass crimes. During the Rwandan genocide in 1994, sexual violence and rape of women were the rule rather than the exception. The international penal tribunals were established with the main objective of fighting impunity of core crimes including the area of sexual violence. This article presents some of the major contributions of international criminal justice, notably the ICTR, to the latter area. It is divided into two parts. The first one deals with the procedure. The analysis notably covers: investigation, witness protection and the rules of evidence used to prove sexual violence. The second part examines the contributions in substantial criminal law. The most salient is the elaboration of an international definition of rape, and the labelling of rape as an act of genocide.