Affecting the Rules for the Prosecution of Rape and Other Gender-Based Violence Before the International Criminal Tribunal for the Former Yugoslavia: A Feminist Proposal and Critique

Abstract

What follows is a proposal submitted to the judges of the International Criminal Tribunal for the former Yugoslavia (the "International Tribunal" or "Tribunal”)l for the purpose of influencing the rules adopted by the Tribunal for the prosecution of rape and other sex crimes. Prepared by feminist human rights lawyers and scholars, it is based upon decades of feminist work - psychological, rehabilitative, political, and legal – with women survivors of sexual torture and abuse. The proposal advocates rules to enhance the possibility that what may be the first international prosecution of rape will be effective, tolerable, and just for survivors without sacrificing the legitimate rights of the accused.

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