This paper analyses the concept of genocidal rape as a crime
under substantial
international criminal law. There is yet no consensus in the
debate and
jurisprudence of contemporary substantial international criminal
law as to the
definition and scope of rape as a genocidal act but as this
paper will illustrate,
there is a discrepancy particularly between traditional
defenders of fundamental
legal principles like nullum crimen sine lege and the
heterogeneous feminist
critique. Another objective is to discuss whether or not the
rapes that have
been taking place in Bangladesh post the 2001 elections, when
the Bangladesh
Nationalist Party (BNP) came to power, may be classified as acts
of
genocide under substantial international criminal law. The
relevance of such a
research is evident; Bangladesh signed the Rome Statute in 1999
and accordingly,
the International Criminal Court may achieve jurisdiction over
the
crime of genocide in respect to Bangladesh if the State takes
steps to ratify
the Statute. In order for the International Criminal Court (ICC)
to exercise
jurisdiction over this crime in the future, it is essential that
such definition is
established. This paper constitutes a contribution to the debate
with intent to
emphasise the importance of the ICC continuing its future
expansion of the
investigation of the crime of genocide in a gender sensitive
manner.
Key words: Bangladesh, Rape, International Criminal Law,
Genocide,
Gender