ABSTRACT

The purpose of this research is to review the “JURISPRUDENTIAL DEVELOPMENT OF

RAPE AS GENOCIDE: PURSUED IN BANGLADESH”. Genocide means terminating a

particular group or class of people. Genocidal Rape is, modern word of an old crime, recently

adopted principle for the trial of Crimes against Humanity and Genocide at the International

Crimes Tribunal in Bangladesh. The act of sexual violence rapes apart a family and a community

as well as a society for several generations. It leaves them with shame and physical incapacity

after that incredible violent act. It happens in every conflict around the world with all religions

and it was never taken seriously as crimes of war. This research describes the methodology,

meaning “how genocide is defined?” under the Charter of Tokyo Tribunal, Nuremberg Tribunal,

International Criminal Court respectively and mostly focuses on the elements of international

crimes of genocidal rape and analyzes the jurisprudential development as per international legal

framework on genocidal rape in the light of International Criminal Tribunal for Rwanda and

International Criminal Tribunal for the former Yugoslavia.

Key words: Genocidal rape, Crimes against Humanity, Genocide, Methodology, Elements,
Jurisprudential Development, International Legal Framework.
 LIST OF CASES

1. The International Military Tribunal for the Far East (IMTFE)

2. Prosecutor v. Akayesu (Akayesu), in the Rwanda Tribunal

3. Chief Prosecutor v. Syed Quaiser;

4. Chief Prosecutor v. A T M Azharul Islam

 TABLE OF CONTENTS

DECLARATION............................................................................................................i

CERTIFICATE.............................................................................................................ii

ACKNOWLEDGEMENT............................................................................................iii

ABSTRACT..................................................................................................................iv

LIST OF CASES...........................................................................................................v

TABLE OF CONTENTS.............................................................................................vi

CHAPTER ONE

INTRODUCTION

1.1 INTRODUCTION...................................................................................................1

1.2 STATEMENT OF THE PROBLEM.......................................................................1

1.3 AIMS AND OBJECTIVES.....................................................................................2

1.4 METHODOLOGY...............................................................................................2-3

1.5 SCOPE AND LIMITATION OF THE RESEARCH...........................................3-4

1.6 CONCLUSION........................................................................................................4

CHAPTER TWO

GENOCIDAL RAPE
2.1 INTRODUCTION...................................................................................................5

2.2 DEFINITION OF GENOCIDE............................................................................5-6

2.3 CRITICISM OF THE DEFINITION.......................................................................6

2.4 TACIT HISTORY OF GENOCIDAL RAPE..........................................................6

2.5 ORIGIN OF GENOCIDAL RAPE..........................................................................6

2.6 CONCLUSION........................................................................................................7
 CHAPTER THREE

RUDIMENTARY DISCUSSION ON GENOCIDAL RAPE

3.1 INTRODUCTION...........................................................................................……8

3.2 HISTORY OF PROSECUTING GENOCIDAL RAPE.... ..................................8-9

3.3 ELEMENTS OF THE CRIME OF GENOCIDE...................................................10

3.4 CONCLUSION......……………………………………………………………....10

CHAPTER FOUR

EVOLVING CONCEPT OF GENOCIDAL RAPE

4.1 INTRODUCTION.............................................................................................…11

4.2 GRADUAL DEVELOPMENT OF THE CONCEPT RAPE AS GENOCIDE...11-13

4.3 REAWAKENING OF GLOBAL COMMUNITY...............................................13-14

4.4 HOLOCAUST & POST-WWII DEVELOPMENT…………………………...…14

4.5 TWO MAJOR DECISIONS………………………………………………...…....14

4.6 CONCLUSION......................................................................................................15

CHAPTER FIVE

GENOCIDAL RAPE IN BANGLADESH

5.1 INTRODUCTION.................................................................................................16

5.2 JUSTIFICATION OF RAPE AS GENOCIDE IN BANGLADESH…………….16

5.3 ICT IN BANGLADESH…………………………………………………….........17

5.4 THE NATIONAL TRIALS FOR INTERNATIONAL CRIMES APPLIED IN

BANGLADESH………………………………………………………………......17-18

5.5 LIMITATIONS AND DRAWBACKS OF THE BANGLADESHI

TRIAL OF ICs…………………………………………………………………….18-19

5.6 PAKISTANI WAR CRIMINALS…………………………………………...........19

5.7 CONCLUSION......................................................................................................19

CHAPTER SIX

CONCLUSION

6.1 INTRODUCTION.................................................................................................20

6.2 CONCLUSION......................................................................................................20

BIBLIOGRAPHY......................................................................................................21
 CHAPTER: 1

INTRODUCTION

1.1 Introduction:

Rapes and sexual crimes has happened during war from the time immemorial. It has drawn our

focus and attention in the 1990’s because by the culture women are intimidated and ashamed of

giving testimony about such violence publicly. Because society used to see rape as a crime of

passion, lust or reward, not as a violence. Sexual violence and rape are not coincidental to

conflict, these are adopted as a strategy of genocide and women are the targets indeed. They are

the means by which genocide is committed against the entire society.

1.2 Statement of the problem:

As in a patriarchal society a child gets his heritage and ethnic background from the father. That’s

why its important concern that who impregnates the woman. For example, if a Hutu impregnates

a Tutsi woman the baby will be Hutu. By impregnating Tutsi women Hutus intentionally caused

destruction to the entire Tutsi ethnic community. Even raping women was considered as

dishonoring the opponent to some extent that he can’t protect his women. Because of the

perpetration of rape the victim cannot regain her earlier position, she is often banned from the

society as well as from her prior status. The genocidal process was gender-based as men and

children were killed indiscriminately, on the other hand, women were raped. Rape is also a sort

of genocide recognized by the ICC and prohibited under international law but not as a separate

offence rather must be corroborated with Genocide, Crimes against Humanity, or War Crimes

etc. to be prosecuted under the International Criminal Court.

1.3 Aim and Objectives:

The aim and objectives of the study is to analyses of sexual violence against women in war for

understanding the genocidal features of wartime rape, and certain groups -including women who

are victims, members of the 'enemy' group, and children born of forced birth. To achieve the aim,

the specific objectives are as follows:

1. To understand the definition, meaning “how genocide is defined?”

2. To identify the statutory structure on genocidal rape.

3. To focus on the elements of international crimes of genocidal rape.

4. To analyzes the jurisprudential development as per international legal framework on

genocidal rape.

5. To understand Genocide under the International Crimes Tribunal in Bangladesh and

some landmark cases in this regard.

1.4 Methodology:

To attain the aim and objectives, two-track methodologies have been used while in the first,

secondary literature was reviewed to find out the meaning, development and statutory analysis.

Secondly, the second track is about the tools and techniques. These tools and techniques help to

explore the jurisprudential development.

Objectives Data Methods Result

To understand the Secondary data Statutes, Articles, Helpful

definition, meaning Journals, World Wide

“how genocide is Web (WWW).

defined?”
To identify the Secondary data Interpretation and Helpful

statutory structure on discussion

genocidal rape and to

focus on the elements

of genocidal rape

To analyzes the Secondary data Conventions, Helpful

jurisprudential Articles, Statutes,

development as per Charters

international legal

framework
To understand Secondary data ICT-BD, Newspaper, Helpful

Genocide under the Books, Articles

International Crimes

Tribunal in

Bangladesh and some

landmark cases

1.5 Scope and Limitation of the research

It has taken so long for both law and popular culture to realize that rape is not coincidental

victims to war and conflict. General people, Judges, Lawyers, and International Communities are

gradually developing this concept. Previously though Research and Publication are done on

Genocidal Rape that is not enough. Presenting accurate data was not possible to establish due to

shortage of time and lack of awareness and victims participation. So, the database information

must be improved for these types of matters. Data resources are not available. Evan data

collection process is Costly and Time consuming.

1.6 Conclusion

In many of the cases the perpetrator commits rape with a believe that the victims would be

banned from the society and would never remarry. Due to the serious bodily and mental trauma

caused such impact would leave them not to procreate within the group.

CHAPTER: 2

GENOCIDAL RAPE

2.1 Introduction:
The International Criminal Court is established by the Rome Statute in 2002, is charged with

trying individuals for four specified crimes: Genocide, Crimes against Humanity, War Crimes

and Aggression. (1) ICC is the first body to prosecute rape as genocide and brought the issue into

the light. The definition provided in the Rome Statute of crime of genocide did not expressly

mention rape, but it is broad enough to include rape as an act that constituted genocide.

2.2 Definition of Genocide

Genocide is considered as the denial of the right of existence by the systematic termination of

particular group of people based on race, religion and language. Article 2 of the Genocide

Convention provides that groups includes ’national, ethnical, racial or religious group’. Genocide

was not a crime under the Nuremberg Charter. Definition of Genocide under different

international statutes are following:

 Statute of the International Criminal Court (Article 6)-

For the purpose of this Statute, “Genocide” means any of the following acts committed with

intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

a) Killing members of the group;

b) Causing serious bodily or mental harm to members of the group;

c) Deliberately inflicting on the group conditions of life calculated to bring about its

physical destruction in whole or in part;

d) Imposing measures intended to prevent births within the group;

e) Forcibly transferring children of the group to another group.(2)

This definition is subsequently adopted in Article-2 of the Genocide Convention 1948; Article-4

of the Statute of the International Tribunal for the former Yugoslavia (ICTY); Section-3(c) of the

International Crimes Tribunal Act 1973 as well.

2.3 Criticism of the Definition:

The definition of genocide includes groups like national, ethnical, racial or religious in nature,

but technically it avoided the gender based group being victim to it. In the Rwanda Genocide the

Tutsi women were victimized by perpetration of genocidal rape. Even men are also victimized,

such crime is no longer limited into its traditional definition.

2.4 Tacit History of Genocidal Rape:

The written history of genocide is mainly based on the men’s experience in terms of

participation, forms of victimization, and consequences where women's experiences with

genocide differs from those of men.

2.5 Origin of Genocidal Rape:

In 1944, Raphael Lemkin first coined the term ‘genocide’ consist of Greek word ‘genos’

meaning race or tribe. Latin word ‘cide’ meaning killing. During the World War II, in 1944 that

a Polish Law Professor Raphael Lemkin, used the term in an attempt to deal with and condemn

the violence perpetrated by Hitler’s regime.(3) At the sphere of international law UN Regulation

1946 on 11 December first officially used the expression ‘Genocide’.

2.6 Conclusion

In every single conflict it is found that rape is used as an extremely effective tool to bend the

opponent. Rape that is systematic, rape that is collective, it’s not just part of war, it’s a

destruction of an entire people with genocidal intent. It leaves its outrageous effect for a certain

generation to suffer and die of sadness.

CHAPTER: 3
 RUDIMENTARY DISCUSSION ON GENOCIDAL RAPE

3.1 Introduction

‘How many murder may cause a genocide?’ Is not fixed by any statute. Genocide is not

identified by the number of killing, murder of a single person can be treated as genocide whereby

the intention of such act is emphasized. With the intention of destroying any ethnic, religious,

national or linguistic group, killing of one individual is enough to constitute genocide.

3.2 History of Prosecuting Genocidal Rape

The first case in the ICTR that prosecuted rape as a crime of genocide internationally, was the

Akayesu case. Rwanda genocide took place all the years back on 6 April 1994. An ethnic

cleansing campaign in Rwanda left 100 days of massacre, 800,000 to 1 million Tutsi people

dead. It began in 1933 the country of Belgium who had invade Rwanda, they were exercising for

control over Rwanda. They categorize Rwandan people into three category –

1. Tutsi (own most of the cattle, were put in charge)

2. Twa (hunter)

3. Hutus (rest of the population).

Rwandan president Habyarimana’s plane was shot down with fatal results. Ongoing tension

between Hutus and Tutsis heightened after Habyarimana’s death as the Hutus blamed the Tutsis

and swore to seek revenge. With the mass murders beginning in Kigali, it is estimated that within

the 100 days of massacre, 800,000 to 1 million Tutsi people were murdered. The Rwandan

government estimated 15,700 rape victims. The United Nations estimated the brutal mass rapes

from 250,000 to 500,000 cases of sexual violence against women and young girls during the
genocide. UN to convene the first ever international tribunal for genocide in the history. It is a

historic case.

 International Military Tribunal for the Far East

The International Military Tribunal for the Far East (IMTFE) created by special proclamation by

Gen. Douglas MacArthur to try leaders of the Empire of Japan, contained no reference to rape or

sexual violence in its charter. (4)

However, the IMTFE did explicitly charge defendants with rape and sexual violence. The

IMTFE charter contained three categories of crimes:

1. joint conspiracy to wage war,

2. commission of crimes against humanity,

3. failure to prevent atrocities at the command level. (5)

Under this last category, General Iwane Matsui, Commander Shunroku Hata and Foreign

Minister Hirota were all found guilty of crimes including rape by which a commander may be

held liable for war crimes perpetrated by his troops if he knew the crimes were occurring and had

the power to stop them, but failed to prevent those atrocities or punish the offenders. Japanese

military rulers used rape camps as a means to provide a sexual outlet for their soldiers, and

thereby curtail “unauthorized” sexual violence in Japanese occupied territories. Such rape camps

were based on certain presumptions about male sexuality, particularly during times of war, and

failed to recognize the criminal nature of rape.

3.3 Elements of the Crime of Genocide

The elements of genocide lies in its definition as such “termination of particular group of people

in whole or in part”; “denial of their right of existence or intend to destroy”; “seek to vanish a

protected group based on race, religion and language”etc. Hereby, ‘destroy’ means physical and

biological destruction. The ICC Statute, define rape as “invasion” or “penetration” that is

“committed by force, or by threat of force or coercion, such as that caused by fear of violence,

duress, detention, psychological oppression or abuse of power, or by taking advantage of a

coercive environment.”(6) The word genocide specifically refers to a violent crime against

particular group of people intending to destroy their existence mainly those of one particular

ethnicity or national.

3.4 Conclusion

In many of the cases of the perpetrators after impregnating the women they raped detain them

until its too late for adopting abortion. Women are the most vulnerable people in every conflict,

they are raped and traumatized, raping them used as weapon of war and infecting them with HIV

to destroy that particular group by dominating birth within the group.

 CHAPTER: 4

EVOLVING CONCEPT OF GENOCIDAL RAPE

4.1 Introduction

The development of the jurisprudence of genocidal rape is a slow process. Rape has drawn

attention as a crime of war since 1919 but it took almost 80 years for rape to be prosecuted first

time. In Rwanda, Akayesu had used mass rape as a form of torture and plan to diminish an ethnic

population. Women were systematically distributed and violated this was clearly a scheme, part

of genocide and destruction of fabric of the society. Trial begun in 1997 and this case established

a message that there would be accountability for genocide.

4.2 Gradual Development of the concept Rape as Genocide

Armenian Genocide

• Often known as ‘first modern genocide’, it took place during WW I on the orders of the

Turkish leaders of Ottoman Empire.

• “Young Turks” to create a homogenous Turkish State of Muslims only.

• Turkish invasion of Armenia began in the 11th century AD.

• By 16th century, most of the territories which once belonged to Armenians were

incorporated into Ottoman Empire.

• Restrictions imposed on Armenians such as: Armenians not equal to Muslims, second-

class citizen, special taxes, prohibition on bearing arms, riding horseback, etc.

• Referred to in Turkish as “gavours”: a pejorative word meaning “infidels” Armenians.

 • Around 1,500,00 Armenians destroyed, killed, tortured.

• Those who were survived were forcibly married or converted to Islam and raised as non-

Armenians.

• Armenian private properties, schools, churches, cultural institutions, businesses destroyed

or confiscated by the Turkish government, and sometimes given to Turks.

• After the defeat of Ottoman Empire in WWI, the Ottoman government held

investigations and military trials against the perpetrators of the Armenian genocide.

• In May 1915, the extermination of the Armenians was characterized as ‘crime against

humanity’.

• Although verdict was handed down, the sentences were never carried out.

Rwandan Genocide 1994

• 100-day long atrocities killing around 800,000 Tutsis by Hutus.

• German colonized: Tutsis had more European characteristics (lighter skin, taller build).

• Belgium colonized: Tutsi constituted only about 10% of Rwanda’s population and Hutu

nearly 90%.

• On 6 April, 1994, surface-to-air missile attack on President Juvenal Habyarimana (Hutu

originated).

• Interahamwe (“those who strike as one”:- an anti-Tutsi young organization)

 • Kangura newspaper: “Ten Commandants for the Hutu”:- Any Hutu who marries or does

a business with a Tutsi is a traitor.

• RTML: (Radio Television des Milles Collines):- “cut down tall trees”: a code phrase

which meant for the Hutu to start killing Tutsis.

• ICTR was established in 1995 by UNSC and dissolved on 31 December 2015.

• Indicted 93 individuals (high ranking military and government officials, politicians,

businessmen, media leaders, etc.)

• First ever international tribunal to deliver verdicts on ‘genocide’.

• Recognized ‘rape’ as a means of perpetrating genocide.

During the World War II, the entire world watched the widely commission of torturous rape,

forced abortion, coerced prostitution, genital mutilation and sexual sadism. The offence

committed during the war was prosecuted subsequently in Nuremburg Tribunal but no crime

against women were expressly executed. The mention of rape first time was during the Tokyo

Tribunal but it was not specifically identified rather charged as a war crime under “inhumane

treatment,” “ill-treatment,” and “failure to respect family honor and rights” etc. The Tribunal

documented evidence of over 20,000 rapes that occurred at the hands of the Japanese against the

Chinese women of Nanking.

4.3 Reawakening of Global Community

• Genocide and Crimes against Humanity in former Yogoslavia and Rwanda : 1990’s
 • Establishment of International Criminal Tribunal for the Former Yugoslovia (ICTY) in

1993

• And International Criminal Tribunal for Rwanda (ICTR) in 1994.

The intent clearly is to destroy wholly and permanently. They killed the males and dilute women

blood with rape. They wanted to finish the group being ethnic or religious and to end their

history.

4.4 Holocaust & Post-WWII Development-

 Nuremberg Charter : Adopted on 8 August, 1945

 Verdict of Nuremberg Trial : 30 September, 1946

 Nuremberg Charter and Verdict has been recognized by the UN as Customary

International Law.

4.5 Two Major Decision

 Universal Declaration of Human Rights, Adopted on 10 December, 1948

 UN Convention on Prevention and punishment of the crime of Genocide, or

 Genocide Convention, Adopted on 11 December, 1948

4.6 Conclusion

Akayesu was the landmark case to prosecute genocidal rape, when rape committed with the

intention of genocide, in the history. The rape of Tutsi women was systematic and was

perpetrated solely against them. The Actus Reus reveals the clear picture that the intention was to

destroy the ethnic group as a whole.

 CHAPTER: 5

GENOCIDAL RAPE IN BANGLADESH

5.1 Introduction

During the genocide women were tied to trees and gang raped, breasts hacked off, dumped in

mass graves or being held in Pakistani rape camps. The intention to genocidal rape was to

collapse the ethnicity of the Bengali community by dishonoring and impregnating the women.

Sheikh Mujibur Rahman labeled the rape survivors as “war heroines” to help them go back into

their communities, but this expression did not work properly. After being assaulted and

impregnated by Pakistani soldiers, the Bangladeshi women were completely ostracized by

society and their families as well.

5.2 Justification of Rape as Genocide in Bangladesh

“Hum ja rahe hain. Lekin beej chhor kar ja rahe hain.”

(“We are going. But we are leaving our seed behind.”) (7)

---Statement of a Pakistani solider while leaving Bangladesh after the surrender in December

1971.

In the War of Independence 1971, approximately 2 lakhs women, were being raped by the

Pakistani Army. The policy of rape conducted during the liberation war was to create a ‘Cross

Culture Race’ within the Bengali community. The intention was to pollute the sanctity of the

Bengali blood line. The Mens Reus found in such brutal mass rape to inflict Pakistani fetus into

the Bengali womb with the genocidal intent.

5.3 ICT in Bangladesh-

 ICT-1 was established on 25 March 2010 under the ICT Act 1973 for prosecution of the

Bangladeshi nationals who were involved with crimes against humanity in 1971.

 Later on, ICT-2 was established on 22 March 2012 to expedite the trial. On 15

September, 2015 the Govt. officially merged the two tribunals into a single one.

 Core purpose was the infamous collaborators who did atrocities against Bangladesh and

its people should understand that no crime would go unpunished. There should be end of

culture of impunity.

5.4 The National trials of International Crimes (ICs) Applied in Bangladesh:

Bangladesh Genocide ICT in Bangladesh is unique in the sense that tribunals are fully domestic

and prosecuting the infamous criminals of 1971 by applying territorial jurisdiction. All the

judges, prosecutors and investigators here are Bangladeshi and all the trials are conducted

according to the ICT Act 1973 which was drafted in line with the Charter of the Nuremberg and

Tokyo tribunals. War Crime, Genocide, Crimes against Humanity were subject to the jurisdiction

before the competent court. The International Crimes Tribunal in Bangladesh for the purpose of

punishing those offence referred to some established principle of international law in this regard.

Even though the trial begin 40 years later but in the first seven years of the ICT-BD, two

tribunals awarded death penalty for the heinous crime of genocidal rape to –
 1. Chief Prosecutor v. Syed Quaiser;

2. Chief Prosecutor v. A T M Azharul Islam

 Syed Md Qaisar, the chief of notorious “Qaisar Bahini” of Habiganj in 1971, 16 charges

were brought against him including genocide, torture, murder and rape etc. The Qaiser

Bahini was a close associate of the Pakistani army during the war and as such it satisfies

the definition of auxiliary force under section 2 of the ICT act of 1973. Out of the 16

charges brought against Qaisar he was found guilty of 14 and not guilty of two. The

Tribunal found him guilty of causing Genocidal rape and the convict has been

condemned to ‘sentences of death’ for his involvement in mass-rapes of women at an

army camp and mass-rape of women on May 11, 1971.

 ATM Azharul Islam, Alleged Al-Badr commander of Rangpur, ordered "hanged by the

neck" for the genocide of more than 1,200 people in the northern district of Rangpur. In

Trial, six charges were brought against him including loot, arson, mass killing, abducting

17 people, raping, confining 13, torturing 13 and conspiracy to kill unarmed civilians at

different parts of Rangpur during the Liberation War in 1971. On April 17, four lecturers

of Carmichael College and the wife of one of them were shot dead near Damdam Bridge.

The Tribunal found him guilty of causing Genocidal rape and the convict has been

condemned to ‘sentences of death’ for his involvement into confinement, rape and torture

of women brought from different areas to Town Hall during March 25-December 16.

5.5 Limitations and Drawbacks of the Bangladeshi trials of ICs

There was no response from the international community to try the perpetrators of genocide as

the world was divided by the cold-war rivalry. It was the long period of inaction and silence for

the world community after the adoption of Genocide Convention in 1948. Gradually Bangladesh
genocide became a forgotten genocide for the world. The Tribunal successfully achieved its

objective but there are some drawbacks and limitations as well:

1. Lack of IT expertise causing Skype hacking.

2. International pressure to hamper the proceedings presided by ICT-BD.

3. Stealing the verdict of the tribunal from its computer.

4. Absence of any research team or branch etc.

5.6 Pakistani War Criminals-

 Finally, 195 Pakistani Army Officers were listed for trial and they were said to be the

masterminds of the genocide, crimes against humanity and other atrocities during the

nine-month liberation war. Dr. Kamal Hossain said that they were permitted to go to

Pakistan on condition that Pakistan Government would take initiative for their trial, but

unfortunately Pakistan did not try them later on.

 In spite of firm intention of Bangabandhu to try the war criminals of Pakistan, it was not

possible due to national and international pressure and reality.

5.7 Conclusion

In case of ‘Right to Trial’ established by International Conventions asserts that “No Offence

Should Go Unpunished”. When your rights are violated, you have remedy as well even after 40

years of perpetration of the crime. In 25 March, 1971 “Operation Search Light” was conducted

in order to terminate Bengali Nationals specially the Hindu Minorities. Afterwards, 14

December, 1971 another operation was conducted to vanish the Intellectual group, these are the
clear picture of genocide. It took more than 40 years to begin trials but it does not mean that

when justice delayed does necessarily occur denial of justice.

 CHAPTER: 6

CONCLUSION

6.1 Introduction

We are human being, human rights are women rights and women rights are human rights. Rape

was never prosecuted in the ICTY as a crime of genocide, nor was it used to establish a crime of

genocide. Rape with genocidal intent gain international concern after the Rwandan Genocide.

In 1971 Bangladesh the genocide continued from 26 March-16 December 1971 till the end of the

war. The genocide occurred, often known as ‘forgotten genocide’, by the Pakistan Military plus

local collaborators (Peace Committee, Razakars, Al Badr, Al Shams, etc.) only Bangladeshi

collaborators of the genocide were tried in the ICT-BD.

6.2 Conclusion

Many races of human being carries evil instincts like egoistic superiority, intolerance and

arrogance, which may entice one mindless evil acts like genocide. Civilization cannot root it out,

particularly, organized crimes in certain situation. In Nuremberg trial of World War II, nobody

was tried for rape as well as in Tokyo trial there were just mention of such crime and so called

“comfort houses” established by the Japanese army, but none was charged with rape. There were

only charged with Crimes against Humanity and War Crime. In the Liberation War of

Bangladesh sexual violence (rape and other forms) against Bengali women, the intellectuals were

killed systematically. It is high time making people aware of the gravity of the crime rape as

genocide.
BIBLIOGRAPHY:

1. U.N. Diplomatic Conf. of Plenipotentiaries on the Establishment of an Int’l Criminal

Court, the Rome Statute of the Int’l Criminal Court, U.N. Doc. A/CONF.183/9 (July 17,
1998).
2. Office of the High Commissioner of Human Rights, Convention on the Prevention and
Punishment of the Crime of Genocide (1948), art. 2. Rome Statute, art. 6.
3. R. Lemkin, Axis Rule in Occupied Europe: Laws of Occupation – Analysis of
Government– Proposals for Redress (Washington, DC, Carnegie Endowment for World
Peace 1944) p. 79.
4. Charter of the International Tribunal for the Far East, Jan. 19, 1946, T.I.A.S. 1589
5. Richard J. Goldstone and Estelle A. Dehon, “Engendering Accountability: Gender
Crimes Under International Criminal Law,” New England Journal of Public Policy
(2003-2004); Patricia Viseur Sellers,“The Prosecution of Sexual Violence in Conflict:
The Importance of Human Rights as Means of Interpretation.” Available at
http://www2.ohchr.org/english/issues/women/docs/Paper_Prosecution_of_Sexual_Violen
ce.pdf; Ellis,“Breaking the Silence,” 228.
6. The ‘Elements of Crimes’ of the ICC Statute, adopted in 2002 and revised in 2010.
7. Source: Amita Malik, the Year of the Vulture, p. 154. (Also cited in ICT-BD’s Syed Md.
Qaiser case.)