In response to the use of rape as a wartime strategy, modern international criminal courts and tribunals have developed laws and customs to prosecute perpetrators while protecting victims and witnesses. This note addresses protection for rape victims by critically analyzing the statutes and rules of procedure and evidence for the International Criminal Court and the two war crimes tribunals, the ICTY and the ICTR. By comparing and contrasting the ICC provisions with the ICTY and ICTR, the author shows not only how the ICC created a more comprehensive victim protection program than the others, but also gives insights into the possible shortcomings of the ICC witness/victim protection program. Most specifically, the note looks to Rule 81 of the ICC Rules of Procedure and Evidence seeking to resolve the ambiguity of the rule and calling for strict and total anonymity for victims who testify in court, as well as developing a balancing test to help courts protect both the victims and the rights of the accused.
The International Criminal Court's Quest to Protect Rape Victims of Armed Conflict: Anonymity as the Solution,
2 Santa Clara J. Int'l L.
Available at: http://digitalcommons.law.scu.edu/scujil/vol2/iss1/5