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Part B Issues, Institutions, and Personalities, R

Antonio Cassese

From: The Oxford Companion to International Criminal Justice

Edited By: Antonio Cassese (Editor-in-Chief)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 March 2023

There is no settled definition of rape under international law. While earlier jurisprudence defined rape as a physical invasion of a sexual nature, committed on a person under circumstances which are coercive (Judgment, Akayesu (ICTR-96-4-T), TC, 2 September 1998, § 598; Judgment, Delalić and others, (IT-96-21-T), TC, 16 November 1998, § 479), later cases adopted a narrower formulation, defining rape as: (1) the sexual penetration, however slight of: (a) the vagina or anus of the victim by the penis of the perpetrator or any other object used by the perpetrator,...
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