HIST 3001 Lecture Notes - Lecture 17: Peremptory Norm, Opinio Juris Sive Necessitatis, International Criminal Tribunal For The Former Yugoslavia
Document Summary
Woman raped in front of a man as psychological torture for the man more than just hurting the woman. Forcing people to be paraded around naked while people were scof ng at them. Rape is not always listed as one of the crimes available to be used by the court. Why do the courts seem to not use rape as often or make it less of a crime: use genocide more often, but don"t accuse someone of rape until they have to. Crimes of international concern: there are certain crimes that are so great that their concern to all of humanity constitutes a crime: crimes against humanity. If grave breaches have occurred, the country who holds the prisoner has to either prosecute them or hand them over to a country who will: grave breaches includes torture, but not rape. But we should look at the damage done to see if we can de ne rape as torture.
