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13 Fla. J. Int'l L. 321 (2000-2001)
Rape as a War Crime: The Implications of the International Criminal Tribunal for the Former Yugoslavia's Decision in Prosecutor v. Kunarac, Kovac, & (and) Vukovic on International Humanitarian Law

handle is hein.journals/fjil13 and id is 331 raw text is: RAPE AS A WAR CRIME: THE IMPLICATIONS OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA'S DECISION IN PROSECUTOR V. KUNARAC, KO VA C, & VUKOVIC ON INTERNATIONAL HUMANITARIAN LAW Christopher Scott Maravilla 'To recognize sexual violence as a war crime, to develop a new discourse that allows these women to articulate their experience publically in a way that preserves their dignity - these are prerequisites for bringing rape in war and rape as a military strategy to the center of the historical and political discourse, so that these crimes can be addressed and ultimately prevented and the perpetrators punished Amnesty International, RAPE AND SEXUAL ABUSE: TORTURE AND ILL-TREATMENT OF WOMEN IN DETENTION 510 (1991). I. INTRODUCTION ..................................... 321 A. The Events in Foca, Bosnia-Hercegovinia ............. 323 B. The Decision of the Trial Chamber ................... 326 II. THE APPLICATION OF ARTICLE 3 OF THE STATUTE OF THE TRIBUNAL AND ARTICLE 3 OF THE GENEVA CONVENTIONS 326 II. THE APPLICATION OF ARTICLE 5 OF THE STATUTE OF THE TRIBuNAL ....................................... 332 A. Rape as a War Crime ............................. 336 B. The Implications of the Decision in International Law ... 339 IV. CONCLUSION ........................................ 341 I. INTRODUCTION Rape as an organized strategy of armed conflict has been employed by armies throughout history. In Greek mythology there is the example of the abduction of Helen of Troy, and, in Roman folklore, the rape of the Sabine women at the founding of Rome. It has been well documented as having *J.D., Georgetown University Law Center, 2000; M.A., King's College, The University of London, 1996; Law Clerk to Judge Roger B. Andewelt, United States Court of Federal Claims, 2000-2001.

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