This Comment explains why the prohibition of widespread rape should be recognized as a jus cogens through analyses of the failure of existing international legal instruments, advances within international law towards the universal prohibition of widespread rape, and policy reasons for classifying widespread rape as a jus cogens. In doing so, this comment will demonstrate the particular timeliness of this topic by reviewing the use of widespread rape in several countries through the 1990s, the widespread rape presently occurring in Kenya, and the emerging reports from Iraq of rape committed at the hands of the Saddam Hussein regime. Finally, this comment will explore arguments against the classification of widespread rape as a jus cohens and demonstrate that such classification actually produces a net benefit.
The Prohibition of Widespread Rape as a Jus Cogens,
San Diego Int'l L.J.
Available at: https://digital.sandiego.edu/ilj/vol6/iss2/8