60 Alb. L. Rev. 883 (1996-1997)
Radical Rules: The Effects of Evidential and Procedural Rules on the Regulation of Sexual Violence in War

handle is hein.journals/albany60 and id is 899 raw text is: RADICAL RULES: THE EFFECTS OF EVIDENTIAL AND
Fionnuala Ni Aolain*
The horror of that moment, the King went on, I shall
never, never forget!
You will, though, the Queen said, if you don't make a
memorandum of it.1
The International Criminal Tribunal adjudicating war crimes
committed on the territory of the former Yugoslavia has traversed
unique thresholds since its creation.2 It is the first international ad
hoc tribunal since the Nuremberg trials; the first comprehensive
criminalization of acts of violence committed during internal and
external war deemed sufficiently abhorrent to warrant international
regulation; it is a process which has sharpened the boundaries of
international humanitarian law and is'casting light on the murky
shadows of sexual violence during'warfare.' The Yugoslav conflict
is exceptional because of the way in which violence against women
Schuman Scholar, European Parliament, Associate, Columbia University School of
International and Public Affairs. My thanks to Jelena Pejic for supplying outstanding
background material, both on the structure of the International Tribunal itself and the
domestic legal systems of successor states to the Former Yugoslavia. Further thanks to Colm
Campbell, University of Galway, and Oren Gross, Tel-Aviv University Law Faculty. The
Article was written with particular thought to Owen Henry Daniels. Responsibility for the
final product remains entirely with the author.
LEwis CARROLL, THROUGH THE LOOKING-GLASS 142 (London, Allan Wingate 1954).
2 The Security Council established the International Tribunal pursuant to U.N. SCOR, 48th
Sess., 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993).
See Bosnia-Herzegovina: Tribunal Defines Rape as a War Crime, FACTS ON FILE WORLD
NEWS DIGEST, July 11, 1996 (reporting on the first indictment that marked the inclusion of
rape in the definition of war crimes); For the First Time, U.N. Tribunal Defines Rape as a War
Crime: HUMAN RIGHTS: Eight Bosnian Serb Military and Police Officers are Indicted in
Connection with Assaults on Muslim Women During the Bosnian War, N.Y. TIMES, June 28,
1996, at Al [hereinafter For the First Time] (reporting the charges of eight Bosnian Serb
military and police officers in connection with the rapes of Muslim women in the Bosnian war
between April 1992 and February 1993 in or near Foca in southeastern Bosnia).

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