Abstract

Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!

Highlights

  • Rape has been used as an instrument in times of war for ages. It has been committed by soldiers and civilians, by enemies and allies, by men and by women during national and international conflicts as well as in post-war times

  • The abduction of the Sabine women is a case in point. Even though this method of psychological warfare[4] has been known from the very beginning of armed conflicts, it took mankind an eternity to acknowledge this atrocity as a violation of human rights and against the laws of war

  • The discussion on the link between rape and the crime against humanity will focus on relevant cases, judgements and reports, largely of the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)

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Summary

Introduction

Rape has been used as an instrument in times of war for ages. It has been committed by soldiers and civilians, by enemies and allies, by men and by women during national and international conflicts as well as in post-war times. The abduction of the Sabine women is a case in point Even though this method of psychological warfare[4] has been known from the very beginning of armed conflicts, it took mankind an eternity to acknowledge this atrocity as a violation of human rights and against the laws of war. This article delivers insight into the purposes and intentions of committing rape in times of war, its victims, its perpetrators, and, under which circumstances the crime of rape is punishable as a crime against humanity. In the first part a definition of the crime of rape will be given, referring in this regard to relevant literature and case law of both the Yugoslavia Tribunal and the Tribunal of Rwanda. The discussion on the link between rape and the crime against humanity will focus on relevant cases, judgements and reports, largely of the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)

Behaviour that Constitutes the Crime of Rape
When Does the Crime of Rape Constitute a Crime Against Humanity?
Conclusion
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