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