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Essay / After the Second World War: sexual violence and genocide
In parallel with the evolution of IHL after the Second World War, rape was gradually recognized as an international crime, including as a crime against humanity. Rape has been accepted as an express form of crimes against humanity through the incorporation of international crimes into national military codes and national legislation. More recently, the recognition of rape as an international crime has been anchored by its inclusion in the statutes of international courts and tribunals and by their modern judicial interpretation. Declarations, resolutions, reports, commissions, preparatory meetings and other precursors to specially mandated international criminal bodies Courts and tribunals established in the 1990s and early 21st century anticipated that the jurisdiction invoked by these international bodies would certainly include crimes of violence sexual violence, which constitute fundamental violations of IHL and international criminal law, including crimes against humanity. The constitutive instruments of these international judicial bodies have confirmed, to varying degrees, this prediction. The statutes governing the International Criminal Court for the former Yugoslavia and the International Criminal Court for Rwanda, the Special Commissions for Serious Crimes and the International Criminal Court (ICC) list the crime of rape, as well as other sexual crimes expressly named such as trafficking and slavery, which are, on their face, not sexual in nature, but crimes whose actus reus could certainly include acts of sexual violence. The provisions of these constitutive instruments which established the subject matter jurisdiction of these international bodies required that the following crimes involving sexual assault could be the basis for criminal charges:a) The...... middle of document.. ....The definitions in the Statutes concerning genocide, crimes against humanity and war crimes do not set out all the legal elements of each category or the legal elements relating to each of the underlying crimes such as rape and sexual slavery. However, the courts have developed case law in this regard.ii. Violent and serious nature of the crimes concernedCrimes of a sexual nature – that is, gender-based, sexual or sexual crimes – amounting to genocide, crimes against humanity and war crimes are almost always physically violent and/ or seriously denigrating. By their nature, crimes involving sexual violence are serious – otherwise they would not or would not constitute atrocity crimes. For the purposes of this document, sexual atrocity crimes, sex-based atrocity crimes, and gender-based atrocity crimes are generally referred to as “sexual violence.” ».”.