Sexual Crimes and International Law

Abstract

The International Criminal Tribunal for Yugoslavia (ICTY) and Rwanda (ICTR) have yet to reach their goal of reconciliation and the prosecution of rape. The failure of both tribunals stem from a misconception of conflict-related rape. The ICTY and the ICTR are confused on how to properly define rape to capture both the broader consequences and particularities associated with this war crime. It may be that international tribunals are not designed to deal with the societal causes of war in post- conflict societies. To effectively address rape and other sexual atrocities that characterize conventional warfare, international tribunals must change their current modus operandi. International tribunals must embrace local alternative routes to justice that have the potential of dealing with the societal causes of rape by putting a dent on rape as a popular weapon of war in conflict and post-conflict societies.