TY - JOUR ID - 85467 TI - A Study on the Case –Law of the International Criminal Tribunals for the Former Yugoslavia and Rwanda on Sexual Crimes JO - Public Law Studies Quarterly JA - JPLSQ LA - en SN - 2423-8120 AU - Jafari, Sanazalsadat AU - Zamani, Masoud AU - Maghami, Amir AD - Ph.D. Student in Public International Law, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran AD - Assistant Prof., 1-Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran AD - Assistant Professor, Department of Law, University of Isfahan, Isfahan, Iran Y1 - 2023 PY - 2023 VL - 53 IS - 2 SP - 693 EP - 713 KW - Sexual Violence KW - sexual crimes KW - International criminal tribunals KW - jurisprudence DO - 10.22059/jplsq.2020.292946.2248 N2 - The concept of sexual crimes in times of armed conflicts has provoked a very serious debate in international criminal law. At the same time, the jurisprudence of ICTY and ICTR on issues such as victim’s consent has led to more progressive definitions of rape and other forms of sexual violence in the context of armed conflict. Nevertheless, the diversity of opinions delivered by the different branches of the two tribunals has foreshadowed further development in formulating coherent definitions of war-time sexual crimes. This study aims to address the developments underscoring sexual crimes in the jurisprudence of ICTY and ICTR. Employing an analytical descriptive approach, the paper argues that the silence of the tribunals' statutes on the question of sexual crimes has caused a qualification of these offenses under such headings as war crimes or crimes against humanity. Whether this is a welcome development or not, will be further discussed in this paper. UR - https://jplsq.ut.ac.ir/article_85467.html L1 - https://jplsq.ut.ac.ir/article_85467_ff6a5145ade95b30a5b9e7f01bdd4a24.pdf ER -