THE JURISPRUDENCE OF MASS VIOLENCE: AN APPRAISAL OF THE KINETICS OF SEXUAL ASSAULT IN INTERNATIONAL CRIMINAL LAW

Abstract

The utilization, objectification, and instrumentalization of sexual violence in contemporary warfare have assumed an alarming dimension. Numerous nation-states and individuals are complicit in this practice, notwithstanding its explicit prohibition under international criminal law. The adjudication of sexual assault within international criminal law remains structurally impeded by persistent doctrinal indeterminacy, particularly concerning the evidentiary thresholds of voluntariness and intimidation. Within domestic and international jurisdictions, the parameters of valid consent (volition) and the manifestations of systemic coercion (duress) are frequently subjected to fragmented judicial interpretation, creating significant evidentiary hurdles for prosecutions. The statutory and jurisprudential evolution of the International Criminal Court (ICC) has firmly codified sexual assault not merely as a domestic infraction or an incidental byproduct of conflict, but as an autonomous war crime and a constituent element of crimes against humanity. This paper posits that courts, prosecutors, and international legal practitioners must urgently adopt more progressive, victim-centered, and efficacious frameworks. Ultimately, the paper offers actionable recommendations for reform, demonstrating how a refined approach to establishing intimidation and coercion can enhance the efficacy of prosecuting sexual assault as both a war crime and a crime against humanity, thereby strengthening the broader framework of international justice.