Save

The First Rape Prosecution before the icc: Are the Elements of Crimes Based on a Source of International Law?

In: International Criminal Law Review
View More View Less
  • 1 Université Saint-Esprit de Kaslik
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

€29.95$34.95

In the first rape prosecution before the icc against Germain Katanga, the Court applied the eoc of rape without verifying whether the eoc are based on a source of law. The article questions whether the eoc of rape can actually be traced back to the source of law of general principles of national laws according to Art. 21(1)(c) icc Statute. A comparison of six domestic laws revealed two models in the construction of a rape offence – either coercive means or a lack of consent are included in the actus reus of rape. The eoc, on the other hand, combine means of coercion with a partial aspect of the ‘lack of consent’-approach. The additional inclusion of one aspect of the ‘lack-of-consent’-concept (mental impairment) in a merely coercive rape offence contradicts the findings of the comparison of domestic criminal laws.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 264 97 5
Full Text Views 205 16 0
PDF Views & Downloads 52 30 1