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

Authored by: Jennifer Green, Rhonda Copelo, Patrick Cotter, Beth Stephens

Categories: Statebuilding
Sub-Categories: Mass Atrocities, Post-Conflict Reconstruction, Transitional Justice
Country: Former Yugoslavia
Region: Europe and Eurasia
Year: 1994
Citation: Green, Jennifer, Rhonda Copelo, Patrick Cotter, et al. "Affecting the Rules for the Prosecution of Rape and Other Gender-Based Violence Before the International Criminal Trubunal for the Former Yugoslavia: A Feminist Proposal and Critique." Hastings Women's Law Journal 5, no. 2 (1994): 171-182.

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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.