Private War, Private Suffering, and the Normalizing Power of Law

Abstract

Purpose

This chapter discusses how private military corporations (PMCs) and their employees have been implicated in discourses and practices of sexual violence. I examine how PMCs have become seemingly permanent fixtures of international relations since the end of the Cold War. Furthermore, the purpose is to contribute to the ongoing conversations about PMCs and gender. To do this, I examine one instance of sexual violence in the context of PMCs. I argue that, since the legal case was forced into private arbitration, this maneuver reflects critical shifts in the normalizing power of law, away from a model of a social contract toward global neoliberal economics.

Design/methodology/approach

Utilizing postmodern feminist theory alongside a Foucauldian discourse analysis, I explore the case of one PMC contractor who alleged rape by multiple coworkers in Iraq. I examine the limitations of standpoint feminism in relation to theories and representations of sexual violence.

Social implications

I claim that military outsourcing raises serious concerns for feminists theorizing issues of gender and wartime sexual violence. PMC personnel are unaccountable when they are implicated in cases of sexual violence. Feminist critique is urgent given the various ways PMCs have been implicated in reproducing gender inequality and in sexual violence.

Originality/value

This chapter advances feminist knowledge about wartime sexual violence in a context where PMCs now play a significant role in the reproduction of practices that normalize sexual violence in public and private militarized spaces, both “at home” and “abroad.”

Citation

Baggiarini, B. (2013), "Private War, Private Suffering, and the Normalizing Power of Law", Gendered Perspectives on Conflict and Violence: Part A (Advances in Gender Research, Vol. 18A), Emerald Group Publishing Limited, Leeds, pp. 165-188. https://doi.org/10.1108/S1529-2126(2013)000018A011