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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.
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.
Details
Keywords
Vasilikie Demos and Marcia Texler Segal
This introduction sets forth the main themes of the volume, reviews the methods employed by the contributors, and demonstrates the relationships among the chapters.
Abstract
Purpose
This introduction sets forth the main themes of the volume, reviews the methods employed by the contributors, and demonstrates the relationships among the chapters.
Research implications
The chapters in the volume exemplify current research approaches to the subject matter: gender-based violence. The introduction identifies both trends and gaps that might be filled by future research.
Practical and social implications
Worldwide attention is being drawn to examples and forms of gender-based violence. These are currently major topics in the media, both factual and fictional. Public policies are under discussion and programs to deal with them are developing. However, because the discussions and the programs are often not research-based or intersectionally inclusive, gender-based violence persists and victims are sometimes ignored, blamed, or subjected to further violence.
Originality/value
The chapter serves as an overall introduction to the volume and the subject matter more generally.
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Keywords