THE JURISPRUDENCE OF SEXUAL VIOLENCE - Berkeley Law

THE JURISPRUDENCE OF SEXUAL VIOLENCE

Sexual Violence & Accountability Project Working Paper Series

By K. Alexa Koenig

Ryan Lincoln Lauren Groth

The Human Rights Center investigates war crimes and other serious violations of human rights and international humanitarian law. Our empirical studies recommend specific policy measures to hold perpetrators accountable, protect vulnerable populations, and help rebuild war-torn societies.

THE JURISPRUDENCE OF SEXUAL VIOLENCE

By K. Alexa Koenig

Ryan Lincoln Lauren Groth

A Working Paper of the Sexual Violence & Accountability Project Human Rights Center

University of California, Berkeley

May, 2011

This Working Paper was drafted by K. Alexa Koenig, Ryan Lincoln, and Lauren Groth.

K. Alexa Koenig is a Ph.D. Candidate in Jurisprudence and Social Policy at the University of California, Berkeley. She has a masters degree in Jurisprudence from the University of California, Berkeley and a J.D. from the University of San Francisco School of Law. Lauren E. Groth earned her J.D. at the University of California, Berkeley Law School. She has a masters degree in Development Studies from the University of KwaZulu-Natal in South Africa. Ryan S. Lincoln has a J.D. from the University of California, Berkeley Law School. He holds a masters degree in Theology from Harvard Divinity School and has human rights fieldwork experience in Rwanda and the Democratic Republic of Congo. Holly Hutchings Draginis is a J.D. Candidate at the University of California, Berkeley Law School. Editing support was provided by Camille Crittenden, Kim Thuy Seelinger, and Eric Stover.

The Human Rights Center would like to thank Anne Marie de Brouwer, Guenael Mettraux, and Susan Sacouto for their generous and helpful feedback on earlier drafts. Any subsequent errors or omissions are the responsibility of the authors alone.

This Working Paper was made possible by seed funding for the Sexual Violence & Accountability Project provided by the John D. and Catherine T. MacArthur Foundation.

ABSTRACT

This paper provides an overview of the international jurisprudence of sexual violence, focusing on legal milestones realized by the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Court. This paper also offers a brief, comparative case study of how Kenya and its neighbors are currently adopting and adapting international criminal law to enhance their domestic legal frameworks, to facilitate the prosecution of sexual violence within their borders.

This paper is part of a Working Paper Series published by the Sexual Violence and Accountability Project, at the Human Rights Center, University of California, Berkeley Law School. Along with three other Working Papers, it was drafted in preparation for the "Sexual Offences Act Implementation Workshop" to be hosted by the Human Rights Center in Kenya, in May 2011. It will be presented to the cross-sectoral stakeholders tasked with responding to sexual and gender-based violence in Kenya, with a view to framing the jurisprudence of sex crimes in both "domestic" and "international" contexts. We welcome your feedback, which can be sent to ktseelinger@berkeley.edu.

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