Added: October 3, 2015 – Last updated: October 3, 2015

TITLE INFORMATION


Author: Arsiné Grigoryan

Title: Severing the Next Generation

Subtitle: Sexual Violence in Genocide

Journal: Legal Issues

Volume: 3

Issue: 2

Year: July 2015

Pages: 41-63

ISSN: 2050-005X – Find a Library: WordCat

Language: English

Keywords: 20th Century, 21st Century | Types: Genocidal Rape



FULL TEXT


Link: UK Law Students Association (Free Access)



ADDITIONAL INFORMATION


Abstract: »Genocide is the intent to destroy a particular group. Indeed, systematic mass murder is the most obvious way this intent materializes. Rape, while not readily apparent, is also an effective technique for perpetrators to execute genocide. During such a campaign, the targeted population is brutally tortured and murdered; however women, having a unique ability to carry the next generation, are strategically and perversely taken advantage of. The criminals responsible for such heinous acts are either not tried, or, even if they do stand trial, are held accountable for sexual violence, but not the genocide intent that motivates the rape. Sexual violence in the context of genocide is difficult to prosecute. Whi le international laws have evolved over the years, they do not specifically identify how certain criminal acts fall under genocidal rape, making it problematic to determine liability. International courts and tribunals have struggled with defining rape as a tool of genocide. This article proposes a solution: an eight-factor balancing test that helps determine when a particular act of sexual violence crosses the line into genocide. The majority of these factors are drawn from international court cases as well as a famous psychological experiment.« (Source: Legal Issues)

Contents:

  1. Introduction (p. 42)
  2. Current International Law on Genocide and Rape (p. 44)
  3. Rape as a Tool of Genocide (p. 50)
  4. Proposed Test for International Courts and Tribunals (p. 54)
    4.1. Current ICC Statute (p. 55)
    4.2. The Balancing Test: Eight Factors (p. 56)
      4.2.1. Orders from a high ranking authority (p. 56)
      4.2.2. Hostile environment (p. 56)
      4.2.3. Presence of military personnel (p. 57)
      4.2.4. Rape as a "spectacle" (p. 58)
      4.2.5. Pattern of behaviour (p. 58)
      4.2.6. Uniform dress (p. 58)
      4.2.7. Derogatory words (p. 59)
      4.2.8. Forced impregnation or intent and knowledge to kill with sexual violence (p. 59)
    4.3. Victim Support (p. 60)
  5. Conclusion (p. 61)

Wikipedia: Genocidal rape