Prosecutor v.Gacumbitsi: The New Definition for Prosecuting Rape Under International Law

in International Criminal Law Review
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

The Gacumbitsi judgement of the Appeals Chamber of the International Criminal Tribunal for Rwanda is the first appellate case to address the apparent contradiction in the prior jurisprudence of the ad hoc Tribunals on the definition of rape. The Trial Chamber in the Akayesu judgement defined rape as a physical invasion of a sexual nature under coercive circumstances, whereas the later Appeals Chamber judgment of Kunarac introduced the requirement of consent. As well as addressing the role of consent in defining and proving rape at trial, the Appeals Chamber in Gacumbitsi also considered appeals of fact on specific allegations of rape, providing guidance on establishing crime base and linkage evidence to hold superiors responsible for rape under individual and command responsibility theory. After setting out the developments in the case law on the definition of rape, the author considers the contribution of the Gacumbitsi judgement, and argues that the Akayesu approach is most consistent with the framework of international criminal law.

Prosecutor v.Gacumbitsi: The New Definition for Prosecuting Rape Under International Law

in International Criminal Law Review

Sections

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 11 11 5
Full Text Views 7 7 7
PDF Downloads 3 3 3
EPUB Downloads 0 0 0