39 Fordham Urb. L.J. 1249 (2011-2012)
Reconsidering the Theoretical Accuracy and Prosecutorial Effectiveness of International Tribunals' Ad Hoc Approaches to Conceptualizing Crimes of Sexual Violence as War Crimes, Crimes against Humanity, and Acts of Genocide

handle is hein.journals/frdurb39 and id is 1259 raw text is: RECONSIDERING THE THEORETICAL
ACCURACY AND PROSECUTORIAL
EFFECTIVENESS OF INTERNATIONAL
TRIBUNALS' AD HOCAPPROACHES TO
CONCEPTUALIZING CRIMES OF SEXUAL
VIOLENCE AS WAR CRIMES, CRIMES
AGAINST HUMANITY, AND ACTS OF
GENOCIDE
Kimberly E. Carson-
Introduction           ................................     .....1250
I. The Evolving Status of Sexual Violence in International Law .1254
A. Proscription of Sexual Violence in Modern
International Humanitarian Law ......    .................1257
B. Prosecution of Crimes of Sexual Violence by
International Tribunals..............................1260
1. Sexual Violence Jurisprudence at the ICTY and
ICTR ..................                   ..............1262
a. Defining Crimes of Sexual Violence at the
ICTY and ICTR......................1264
b. Prosecuting Sexual Violence as a War Crime,
Crime Against Humanity, and Act of Genocide
at the ICTY and ICTR ..................1268
i. War Crime       ..................     .....1268
ii. Crime Against Humanity     ..............1270
iii. Genocide     ...................   .....1271
2. Sexual Violence Jurisprudence at the ICC.................1274
J.D., cum laude, Fordham University School of Law, 2012; B.A., summa cum laude,
St. Louis University, Madrid, Spain Campus, 2009. During the summer of 2010, the
author served as a legal intern in the Chambers Legal Support Section of the Interna-
tional Criminal Tribunal for Rwanda. This Note does not divulge or otherwise rely
upon any nonpublic information gathered during the course of that internship. She
would like to thank Professor Eric Talbot Jensen for inspiring this Note and lending
his valuable insight. She would also like to thank Professor Youngjae Lee for his
thoughtful evaluation of this Note.

1249

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