In Art. 5 (g) of the ICTY statute, rape is only
established as a crime against humanity, not as a tool of genocide.76 Like other domestic and international forums, the ICTY is hindered by «legally institutionalized sex inequality,» 77 is easily manipulated by the historical denial of sexual and reproductive harm to women and is obligated to grant institutional deference to states.
This summer, when some 120 nations voted to
establish a permanent international criminal court for genocide war
crimes and
crimes against humanity, the U.S. found itself one of only seven countries, including such bedfellows
as China and the Sudan, to vote
against the new court.