Significance of wartime rape

Abstract

Purpose

I intend to provide an understanding of the possibilities that exist for the judgment of wartime rape at the international, domestic and in-between levels.

Design/methodology/approach

What is required is an examination of prosecutions and judgments of the ICTY (International Criminal Tribunal for the former Yugoslavia), the ICTR (International Criminal Tribunal for Rwanda), the SCSL (Special Court for Sierra Leone) and the ICC (International Criminal Court). I employ an international law and gender studies approach.

Findings

To count as a crime against humanity, war rape must have been committed as part of a widespread attack on a civilian population. This reflects the idea that war rape is not based solely in the violation of a woman’s body. The problem is that war rapes occur absent the explicit purpose to destroy a community. This chapter provides insight to the historical background of wartime rape to scholars, feminist legal theorists, sociologists, NGOs and lawyers.

Originality/value

By alerting us to the fact that the international community appears to elevate violations of groups or communities over the violation of individual women during conflict, the chapter suggests that the human rights of women may not be fully protected.

Citation

Ward, C.A. (2013), "Significance of wartime rape", Gendered Perspectives on Conflict and Violence: Part A (Advances in Gender Research, Vol. 18A), Emerald Group Publishing Limited, Leeds, pp. 189-212. https://doi.org/10.1108/S1529-2126(2013)000018A012