Abstract
Rape has been present in armed conflict since tribal warfare, yet it was not formally determined to be a war crime or a crime against humanity punishable under international law until 1992, after the wars and conflicts in the former Yugoslavia. This paper will cover the existence of rape (committed largely against civilian women and children) as a form of torture, domination, and genocide in armed conflicts, and the international response. The paper will focus specifically on the conflicts and the subsequent International Criminal Chambers for the former Yugoslavia and Rwanda (ICTY and ICTR). The ICTY was the first international court to include rape as a crime against humanity, and the first court to find a person guilty of rape as a crime against humanity. Both Chambers have found the rapes committed as acts of genocide that were ordered, encouraged, or committed by military forces. The paper will examine some of the major cases of each Chamber, and compare the outcomes and interpretations of each body to determine what the overarching legal doctrine is.
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