International Criminal Law and the Dynamics of the Crime of Rape

Abstract

Rape is now being used as a weapon of warfare. Many countries and persons are guilty of this usage. This is in spite of the fact that international criminal law disallows such a practice and utilization. Consent and coercion which are key components of the crime of rape are still seen as being problematic in their legal contextual propriety and obstacle in their successful prosecution. Very recently, rape now constitutes war crime and crime against humanity under international law. There is now certainty and clarity in the characterization and description of the crime of rape. This makes the prosecution of the crime of rape less cumbersome and seamless. It solves the problem of the intrinsic bizarre and preposterousness that have hitherto beclouded the definition of the components 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 seeks to examine the elements of rape under international law with special consideration of the propriety of the corroboration of consent and coercion in the light of recent evolution of the jurisprudence surrounding the crime of rape. The article submits that there are more progressive and productive steps courts and prosecutors should employ in the prosecution of the crime of rape as a crime against humanity and war crime.