Legal analysis on the crime of rape under ICTR jurisdiction

• DEDICATION
  
• ACKNOWLEDGEMENTS
  
• GENERAL INTRODUCTION
  
  • 1. Choice and interest of the study
    
  • 2. Delimitation of the study
    
  • 3. Problem statement
    
  • 4. Research Hypotheses
    
  • 5. Research objective
    
    • 6. Research Methodology
      
  • 7. Subdivision of the work
    
  • I.1.1.Definition of rape
    
• I.1.3. Rape as act of torture
  
• I.1.4. Sexual violence
  
• I.1.6. Sexual slavery
  
• I.1.7. Sexual mutilation
  
• I.1.8.The act must be inhuman in nature and character causing great suffering or serious injure to bodily or mental /physical health
  

• II. 2. Background of the crime of rape and sexual violence
  
  • I.2.1. Rape and Sexual Violence in International Criminal Law
    
  • I.2.3. The International Criminal Tribunal for Rwanda (ICTR)
    
  • I. 3. Classification of the crime of rape and sexual violence under the ICTR statute
    
  • I.3.1. Rape as Genocide
    
  • I.3.2. Killing members of the group as act of rape
    
  • I.3.3. Causing serious bodily or mental harm to members of the group
    
  • I.3.4. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
    
  • I.3.5. Imposing measures intended to prevent births within the group
    
  • I.3.6. Rape as crime against humanity
    
  • I.3.7. Sexual Violence as a War Crime
    
  • I. 3.8. Rape as violation of the article 3 common to the Geneva Convention of 1949
    
• CHAPTER II: THE LEGAL FRAMEWORK FOR THE PROSECUTION OF RAPE AND SEXUAL VIOLENCE
  
• II.1. The ICTR jurisprudence
  
• The ICTR has developed significant jurisprudence on the prosecution for rape and sexual violence since 1994. The ICTR judgments established that rape and sexual violence were major components of the Rwandan genocide. In 1994 rape and sexual violence were committed as part of widespread and systematic attack against a targeted group of Tutsi women.
  
• II.1.1. The individual criminal responsibility
  
• II.1.1.1. Instigating
  
• II.1.1.3. Committing
  
• II.1.1.4. Aiding and Abetting
  
• II. 2. The role of consent in defining and proving rape
  
• II. 3. The challenges of prosecuting crime of rape and sexual violence
  
• II. 4. Joint Criminal Enterprise theory in sexual violence jurisprudence
  
• II. 5. Targeted Application for maintaining Legitimacy
  
• II.6. ICTR weakness in conviction for crime of rape and sexual violence
  
• II.7. Prosecuting of rape with inadequate evidence
  
• This chapter deals with legal mechanisms for adjudicating rape and sexual violence in ICTR and in Rwandan jurisdictions.
  
  • After having seen the gravity of the crimes committed in 1994 in Rwandan genocide, the UN Security Council in its resolution 955 created the International Criminal Tribunal for Rwanda (ICTR) with its statute to prosecute crimes like genocide, crime against humanity and violation of article 3 common to the Geneva Convention and Additional Protocol II. These crimes include rape and sexual violence. The government of Rwanda adopted legal mechanisms used to punish those crimes based on cases adjudicated in ICTR for rape and sexual violence, and for preventing the culture of impunity.
    
• III. 1. Mechanisms to the International Criminal Tribunal for Rwanda
  
• III.3. The ICTR rules 11bis of procedure and evidence
  
• III.4. Mechanisms to Rwandan Law
  
• III.4.1. Rape under the law No. 59/2008 of 10/09/2008 on prevention and punishment of Gender- Based Violence
  
• III.4.2. Rape under the law No. 13/2008 of 19/05/ 2008 establishing the organization competence and functioning of Gacaca in Rwanda
  
• III.4.4. Organic law n°03/2009/ of 26/05/2009 concerning the transfer of cases from ICTR to Rwandan jurisdictions
  
• III.5. Consequences of rape in Rwanda
  
  • General Conclusion and Suggestions
    
  •