For centuries, rape has served as a weapon of war, despite criminal prohibitions forbidding its u... more For centuries, rape has served as a weapon of war, despite criminal prohibitions forbidding its use. Nevertheless, only in recent decades has international law made significant strides in defining and prosecuting rape as a war crime and crime against humanity. International criminal tribunals prosecuting crimes of sexual violence in prior conflict zones such as Rwanda, Sierra Leone, and the former Yugoslavia have struggled to develop a coherent definition of the elements of rape. This is largely due to the unique aspects of consent and coercion that are inherent within a surrounding context of armed conflict. This Article begins by exploring the elements of rape as defined by the major international criminal tribunals existing today, and subsequently examines the manner in which each court considers proof of consent and coercion. It then surveys some of the recent and more progressive developments in rape law jurisprudence both domestically and internationally. Finally, this Article recommends several specific steps that international criminal tribunals could employ to more effectively and equitably prosecute rape as a war crime and crime against humanity.
For centuries, rape has served as a weapon of war, despite criminal prohibitions forbidding its u... more For centuries, rape has served as a weapon of war, despite criminal prohibitions forbidding its use. Nevertheless, only in recent decades has international law made significant strides in defining and prosecuting rape as a war crime and crime against humanity. International criminal tribunals prosecuting crimes of sexual violence in prior conflict zones such as Rwanda, Sierra Leone, and the former Yugoslavia have struggled to develop a coherent definition of the elements of rape. This is largely due to the unique aspects of consent and coercion that are inherent within a surrounding context of armed conflict. This Article begins by exploring the elements of rape as defined by the major international criminal tribunals existing today, and subsequently examines the manner in which each court considers proof of consent and coercion. It then surveys some of the recent and more progressive developments in rape law jurisprudence both domestically and internationally. Finally, this Article recommends several specific steps that international criminal tribunals could employ to more effectively and equitably prosecute rape as a war crime and crime against humanity.
Boston College international and comparative law review, 2007
This Article examines the Strugar decision and its role in establishing the standards for a defen... more This Article examines the Strugar decision and its role in establishing the standards for a defendant’s atness to stand trial before an international tribunal. While atness to stand trial was an issue in three cases at Nuremberg, those cases failed to establish any standards for the international criminal justice community. In contrast, the Strugar standards have been followed in other Trial Chambers at the International Criminal Tribunal for the Former Yugoslavia, and at The Special Panels for Serious Crimes at the United Nations Tribunal at East Timor. Therefore, the author argues that Strugar may be viewed as the seminal decision on the issue of atness to stand trial before an international tribunal.
For centuries, rape has served as a weapon of war, despite criminal prohibitions forbidding its u... more For centuries, rape has served as a weapon of war, despite criminal prohibitions forbidding its use. Nevertheless, only in recent decades has international law made significant strides in defining and prosecuting rape as a war crime and crime against humanity. International criminal tribunals prosecuting crimes of sexual violence in prior conflict zones such as Rwanda, Sierra Leone, and the former Yugoslavia have struggled to develop a coherent definition of the elements of rape. This is largely due to the unique aspects of consent and coercion that are inherent within a surrounding context of armed conflict. This Article begins by exploring the elements of rape as defined by the major international criminal tribunals existing today, and subsequently examines the manner in which each court considers proof of consent and coercion. It then surveys some of the recent and more progressive developments in rape law jurisprudence both domestically and internationally. Finally, this Article recommends several specific steps that international criminal tribunals could employ to more effectively and equitably prosecute rape as a war crime and crime against humanity.
For centuries, rape has served as a weapon of war, despite criminal prohibitions forbidding its u... more For centuries, rape has served as a weapon of war, despite criminal prohibitions forbidding its use. Nevertheless, only in recent decades has international law made significant strides in defining and prosecuting rape as a war crime and crime against humanity. International criminal tribunals prosecuting crimes of sexual violence in prior conflict zones such as Rwanda, Sierra Leone, and the former Yugoslavia have struggled to develop a coherent definition of the elements of rape. This is largely due to the unique aspects of consent and coercion that are inherent within a surrounding context of armed conflict. This Article begins by exploring the elements of rape as defined by the major international criminal tribunals existing today, and subsequently examines the manner in which each court considers proof of consent and coercion. It then surveys some of the recent and more progressive developments in rape law jurisprudence both domestically and internationally. Finally, this Article recommends several specific steps that international criminal tribunals could employ to more effectively and equitably prosecute rape as a war crime and crime against humanity.
Boston College international and comparative law review, 2007
This Article examines the Strugar decision and its role in establishing the standards for a defen... more This Article examines the Strugar decision and its role in establishing the standards for a defendant’s atness to stand trial before an international tribunal. While atness to stand trial was an issue in three cases at Nuremberg, those cases failed to establish any standards for the international criminal justice community. In contrast, the Strugar standards have been followed in other Trial Chambers at the International Criminal Tribunal for the Former Yugoslavia, and at The Special Panels for Serious Crimes at the United Nations Tribunal at East Timor. Therefore, the author argues that Strugar may be viewed as the seminal decision on the issue of atness to stand trial before an international tribunal.
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Papers by Phillip Weiner