Added: December 28, 2013 – Last updated: May 16, 2015


Author: Kelly Dawn Askin

Title: War Crimes Against Women

Subtitle: Prosecution in International War Crimes Tribunals

Place: The Hague

Publisher: Martinus Nijhoff Publishers

Year: 1997

Pages: xviii + 455pp.

ISBN-10: 9041104860 – Find a Library: Wikipedia, WorldCat

Language: English

Keywords: 20th Century | Prosecution: Trials / International Criminal Court; Types: Wartime Rape


Link: Google Books (Limited Preview)



  Acknowledgments (p. x)
  Preface (p. xiii)
  Introduction - The Development and Prosecution of War Crimes Against Women (p. 1)
    Introduction to Gender Specific War Crimes (p. 1)
    Brief Historical Overview of International War Crimes Tribunals (p. 5)
    Terms and Definitions (p. 7)
    Women Casualties of War (p. 12)
  Chapter I - Humanitarian Law Prior to World War II (p. 18)
    General Development (Ancient Times) (p. 19)
      The Middle Ages - Nineteenth Century (400 - 1899) (p. 23)
      The Lieber Code (1863) (p. 35)
      The Original Geneva Convention (1864) (p. 37)
      The Hague Conventions (1899 & 1907) (p. 38)
    World War I (1914-1918) (p. 40)
      WWI War Crimes Commission (1919) (p. 42)
      The League of Nations (1927) (p. 45)
      The Kellogg-Briand Pact (1928) (p. 46)
    Summary (p. 46)
  Chapter II - Gender Specific War Crimes Committed in Europe and Asia During World War II (p. 49)
    Rape in Europe (p. 52)
    Rape in Asia (p. 62)
    Forced Prostitution in Europe (p. 71)
    Forced Prostitution in Asia (p. 73)
      Dutch Women in Asia & the Batavia Military Tribunal (p. 85)
    Forced Sterilization in Europe (p. 88)
    Forced Sterilization in Asia (p. 91)
    Summary and Conclusion (p. 93)
  Chapter III - Events Leading to the Nuremberg Trial (p. 96)
    Introduction (p. 96)
    Wordl War II - Before the Hostilities Were Over (p. 99)
    Events Leading Toward Establishing the Nuremberg Tribunal (p. 102)
      The St. James Declaration (Jan. 1942) (p. 103)
      The Moscow Declaration (Oct. 1943) (p. 104)
      U.S. Efforts (p. 106)
      The Teheran Conference (Dec. 1943) (p. 108)
      The United Nations War Crime Commission (Dec. 1943) (p. 109)
      The Yalta Conference (Feb. 1945) (p. 111)
      The War Nears An End (Apr. - May 1945) (p. 112)
      The London Agreement (Aug. 1945) (p. 116)
    After The Hostilities Were Over (p. 116)
      The International Military Tribunal (IMT) (p. 117)
        Control Council Law No. 10 (CCL10) (p. 121)
        The IMT Indictment (p. 126)
  Chapter IV - The Nuremberg War Crimes Trial (p. 129)
      Crimes Against Peace (p. 132)
      War Crimes (p. 135)
      Crimes Against Humanity (p. 140)
      Common Plan or Conspiracy (p. 143)
      The Defendants (p. 145)
    Non-Gender Specific Atrocities (p. 149)
    General Effect of the IMT (p. 159)
    Summary (p. 162)
  Chapter V - The Tokyo War Crimes Trial (p. 164)
    The International Military Tribunal for the Far East (p. 165)
      The Defendants and Charges (p. 167)
      The Key Players (p. 171)
      Ex Post Facto Laws (p. 175)
      Crimes Against Peace (p. 177)
      Conventional War Crimes (p. 179)
        Justice Pal's Remarks on Rape Crimes (p. 181)
      Crimes Against Humanity (p. 185)
      The Verdict & Sentences (p. 186)
    The Trial of General Yamashita (p. 192)
    Summary (p. 202)
  Chapter VI - The Evolution of the Status of Women in Domestic and International Law and Practice (p. 204)
    Status of Women Prior to WWII (p. 205)
    Status of Women Post WWII (p. 215)
      Gender Abuses as Private Issues (p. 215)
        Gender Issues in Municipal Laws (p. 217)
    International Law (p. 223)
      Women and International Human Rights Law (p. 228)
        The Women's Convention (p. 231)
        The Declaration Against Violence and the Inter-American Convention Against Gender Violence (p. 237)
      Jus Cogens (p. 239)
      International Humanitarian Law (p. 243)
        The 1949 Geneva Conventions and 1977 Additional Protocols (p. 244)
        The Declaration on the Protection of Women During Armed Conflict (p. 250)
      Application and Effect of Gender Discrimination in the International Arena (p. 251)
    Current Status of Women (Pre-Yugoslav and Rwandan Trials) (p. 257)
    Summary (p. 259)
  Chapter VII - Gender Specific War Crimes in the Yugoslav Conflict (p. 261)
    Ethnic Cleansing (p. 262)
      Humiliation and Degradation (p. 264)
        Traditional Muslim Perception of Rape (p. 267)
      Forced Impregnation, Forced Maternity, and Rape Facilities (p. 273)
      Deliberate Nature of Offenses (p. 277)
        Sexual Assaults Against Serbian Women (p. 282)
        Sexual Assaults in Retaliation or Revenge (p. 286)
    Single, Isolated Rapes (p. 288)
    Forced Prostitution (p. 290)
    Breakdown of Law and Order and the Need for International Protections (p. 292)
    Summary (p. 295)
  Chapter VIII - Prosecuting Gender Crimes in the International Criminal Tribunal for the Former Yugoslavia (ICTY) (p. 298)
    Women in the Yugoslav Tribunal (p. 300)
      Rule 96 of the Rules of Procedure and Evidence (p. 303)
    The Commission of Experts (p. 306)
    Article 2 - Gender Abuses as Grave Breaches of the Geneva Conventions Under the ICTY Statute (p. 308)
        Sexual Assault as Torture (p. 314)
    Article 3 - Gender Abuses as Violations of the Laws or Customs of War Under the ICTY Statute (p. 322)
      Rape as Prohibited by Conventional or Customary Law (p. 323)
        The Martens Clause (p. 327)
        The Nuremberg Principles (p. 328)
        Rape Implicitly Prohibited by Language of Article 3 of the Yugoslav Statute (p. 329)
        Common Article 3 of the Geneva Conventions (p. 329)
        Other International Conventions (p. 331)
        Application of the Laws or Customs of War (p. 332)
        The Third Geneva Convention (p. 334)
    Article 4 - Gender Abuses as Violations of the Genocide Convention Under the ICTY Statute (p. 337)
      Adding "Gender" to the List of Protected Groups (p. 342)
    Article 5 - Gender Abuses as Crimes Against Humanity (p. 344)
      Crimes Against Humanity in History (p. 345)
      Prosecution of Crimes Against Humanity in the Yugoslav Tribunal (p. 349)
        Widespread or Systematic Attack (p. 351)
        An Attack on Racial, Religious, or Political Grounds (p. 353)
      Cassese Interpretation (p. 356)
      Strict Interpretation of ICTY Statute (p. 358)
      Adding "Gender" to List of Protected Groups (p. 359)
      Application of Crimes Against Humanity (p. 359)
    Practical Considerations of Accountability for Wartime Sexual Assault (p. 361)
    Issues Which Must be Resolved by the ICTY (p. 366)
    Summary of the ICTY (p. 368)
    Conclusion of the ICTY (p. 371)
  Conclusion of War Crimes Against Women (p. 376)
  Appendix A - Sex Crimes Against the Person - Proposed Definitions (p. 380)
    Section I - Grave Breaches of the Geneva Conventions (p. 380)
      Sexual Assault, including Rape and Forced Prostitution (p. 381)
      Inhuman treatment (p. 385)
      Wilfully causing great suffering (p. 385)
      Causing serious injury to body or health (p. 386)
      Torture (p. 387)
    Section II - Violations of the laws or customs of war (p. 388)
      Sexual Assault, including Rape and Forced Prostitution (p. 389)
      Mutilation (Sexual) (p. 390)
      Enslavement (Sexual) (p. 390)
      Forced Pornography (p. 391)
    Section III - Genocide (p. 392)
      Genocide (Genocidal Rape) (p. 392)
    Section IV - Crimes Against Humanity (p. 393)
      Sexual Assault, including Rape and Forced Prostitution (p. 394)
      Torture (p. 395)
      Genocide (p. 396)
      Other inhumane acts (p. 396)
    Section V - Reproductive Crimes (p. 397)
      Sexual Assault, including Rape and Forced Prostitution (p. 398)
      Forced Impregnation (p. 398)
      Attempted Forced Impregnation (p. 399)
      Forced Loss of Pregnancy: Forced Abortion or Forced Miscarriage (p. 399)
      Attempted Loss of Pregnancy (p. 400)
      Forced Sterilization (p. 401)
      Genocidal Rape (p. 401)
      Forced Maternity (p. 402)
      Attempted Forced Maternity (p. 403)
      Mutilation (Sexual) (p. 403)
  Select Bibliography (p. 404)
  Index (p. 451)


»This book examines laws and customs of war prohibiting rape crimes dating back thousands of years, even though gender-specific crimes, particularly sex crimes, have been prevalent in wartime for centuries. It surveys the historical treatment of women in wartime, and argues that all the various forms of gender-specific crimes must be prosecuted and punished. It reviews the Nuremberg and Tokyo War Crimes Tribunals from a gendered perspective, and discusses how crimes against women could have been prosecuted in these tribunals and suggests explanations as to why they were neglected. It addresses the status of women in domestic and international law during the past one hundred years, including the years preceding World War II and in the aftermath of this war, and in the years immediately preceding the Yugoslav conflict. The evolution of the status and participation of women in international human rights and international humanitarian law is analyzed, including the impact domestic law and practice has had on international law and practice. Finally, this book reviews gender-specific crimes in the Yugoslav conflict, and presents arguments as to how various gender-specific crimes (including rape, forced prostitution, forced impregnation, forced maternity, forced sterilization, genocidal rape, and sexual mutilation) can be, and why they must be, prosecuted under Articles 2-5 of the Yugoslav Statute (i.e., as grave breaches of the Geneva Conventions, torture, violations of the laws of war, violations of the customs of war, genocide, and crimes against humanity).
The author, a human rights attorney, academic, and activist, spent three years researching both the treatment of women during periods of armed conflict and humanitarian laws protecting women from war crimes.« (Source: Brill)


Biehler, Anke. Criminal Law Forum: An International Journal 13(4) (December 2002): 507-513. – Full Text: SpringerLink (Restricted Access)

Mertus, Julie. The American Journal of International Law 93(3) (July 1999): 740-744. – Full Text: JSTOR (Restricted Access)

Wikipedia: International Criminal Court, Wartime sexual violence