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The Relevance of the United Nations War Crimes Commission to the Prosecution of Sexual and Gender-Based Crimes Today

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Abstract

This article discusses aspects of the origin and development of jurisprudence relating to the prosecution of sexual and gender-based violence (SGBV) in the context of international criminal law. It examines a selection of archival material from the United Nations War Crimes Commission (UNWCC) and other bodies connected to it, noting that the UNWCC was the first multinational criminal law organization to explicitly endorse SGBV crimes as international crimes. UNWCC-supported trials in both Europe and Asia suggest that rape committed in the context of armed conflict or situations of mass violence was punishable as a serious crime nearly 70 years ago. Moreover, many of the theories of liability used by contemporary tribunals today were used in the UNWCC-supported cases. The authors maintain that the UNWCC archives are not only valuable for tribunals prosecuting conflict-related SGBV cases today, but the jurisprudence emerging from UNWCC-supported cases may also be quite relevant to contemporary policy debates.

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Correspondence to Dan Plesch.

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Dan Plesch is Director of the Centre for International Studies and Diplomacy at SOAS University of London, Susana SáCouto is the Director and Chante Lasco is Gender Jurisprudence Collections Coordinator of the War Crimes Research Office at the American University Washington College of Law (WCL). The opinions expressed are those of the authors alone. The authors would like to thank the editors of this journal, particularly Shanti Sattler for her archival research and analysis, SOAS students Leyla Tiglay and Zhenan Tong for their research efforts, and WCL students Angela Chen and Christopher Keeler for their cite-checking assistance.

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Plesch, D., Sácouto, S. & Lasco, C. The Relevance of the United Nations War Crimes Commission to the Prosecution of Sexual and Gender-Based Crimes Today. Crim Law Forum 25, 349–381 (2014). https://doi.org/10.1007/s10609-014-9232-1

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  • DOI: https://doi.org/10.1007/s10609-014-9232-1

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