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International Criminal Justice and the New Promise of Therapeutic Jurisprudence: Prospects and Challenges in Conflict-Related Sexual Violence Cases

International Criminal Justice and the New Promise of Therapeutic Jurisprudence: Prospects and Challenges in Conflict-Related Sexual Violence Cases

Jean de Dieu Sikulibo
Copyright: © 2017 |Pages: 34
ISBN13: 9781522524724|ISBN10: 152252472X|EISBN13: 9781522524731
DOI: 10.4018/978-1-5225-2472-4.ch014
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MLA

Sikulibo, Jean de Dieu. "International Criminal Justice and the New Promise of Therapeutic Jurisprudence: Prospects and Challenges in Conflict-Related Sexual Violence Cases." Therapeutic Jurisprudence and Overcoming Violence Against Women, edited by Debarati Halder and K. Jaishankar, IGI Global, 2017, pp. 214-247. https://doi.org/10.4018/978-1-5225-2472-4.ch014

APA

Sikulibo, J. D. (2017). International Criminal Justice and the New Promise of Therapeutic Jurisprudence: Prospects and Challenges in Conflict-Related Sexual Violence Cases. In D. Halder & K. Jaishankar (Eds.), Therapeutic Jurisprudence and Overcoming Violence Against Women (pp. 214-247). IGI Global. https://doi.org/10.4018/978-1-5225-2472-4.ch014

Chicago

Sikulibo, Jean de Dieu. "International Criminal Justice and the New Promise of Therapeutic Jurisprudence: Prospects and Challenges in Conflict-Related Sexual Violence Cases." In Therapeutic Jurisprudence and Overcoming Violence Against Women, edited by Debarati Halder and K. Jaishankar, 214-247. Hershey, PA: IGI Global, 2017. https://doi.org/10.4018/978-1-5225-2472-4.ch014

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Abstract

For centuries, rape and other forms of sexual violence have always been an integral aspect of warfare. Even so, it is rather recently that these practices have been recognized as crimes and prosecutions undertaken by international criminal tribunals. Whilst the ad hoc international tribunals for the former Yugoslavia and Rwanda did not take an integrative approach to victims in the criminal justice process, the Rome Statute of the International Criminal Court (ICC) took a victim-centred approach by setting out some provisions allowing victims to actively participate in proceedings beyond their traditional role of witnesses. This chapter sets out to critically examine the effectiveness of the ICC victims' rights framework in achieving this objective in sexual violence cases. Drawing on the complex nature of experiences of victims of such crimes, this chapter engages with the various aspects of the relatively recent approach of victims' participation in international criminal justice process to highlight prospects and challenges in facilitating the healing process of victims of such crimes.

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