Rape in war : prosecuting the Islamic State of Iraq and the Levant and Boko Haram for sexual violence against women
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Cornell international law journal, Vol. 50, no. 2, Spring 2017, p. 333-359
This Note explores legal precedent on prosecuting rape as a weapon of war and recommend whether it is feasible to prosecute ISIL or Boko Haram under Articles VI and VII of the Rome Statute. To do so, this Note relies on the precedents established during the prosecutions of Rwandan and Yugoslavian war criminals. Part II provides a brief overview of ISIL, the Yazidis, and Boko Haram’s histories. Part III provides facts on the Rwandan Hutu treatment of female Tutsis and the Bosnian Serb treatment of Bosnian Muslim women during their respective genocides and the legal precedent from the tribunals that dealt with both events. Part IV evaluates the known facts regarding ISIL and Boko Haram under legal precedent and concludes that ISIL leaders can be prosecuted for genocidal rape, but Boko Haram leaders must be prosecuted under different crimes in the Rome Statute. Part V provides suggestions for which militants to charge.