Rape and Sexual Violence in Conflict: From Furundzǐ ja to Ongwen

Sexual violence in conflict has been a tragic, regular, ubiquitous feature since the beginning of times. Despite this, the rather slow evolution of the codification of sexual violence crimes has only been given significant impulse by the jurisprudence of the ad hoc international tribunals. A very important role in this evolution has also been played by the adoption of the ICC Statute, which has taken steps at crystallizing and codifying the elements of the crimes. In addition, the ICC Statute has innovated by codifying crimes of reproductive violence: forced pregnancy and forced sterilization. This paper aims at briefly describing the evolution of the codification and description of the elements of sexual crimes committed in the context of conflict, particularly during the period that goes from the creation of the ad hoc international criminal tribunals until the judgement issued by the ICC against Dominic Ongwen