Henry 2011 War

Title Information

Author: Nicola Henry

Title: War and Rape

Subtitle: Law, memory and justice

Place: New York, NY

Publisher: Routledge

Year: 2011

Pages: 169pp.

Series: Interventions

ISBN-13: 9780415564724 (hbk.) – Find a Library: Wikipedia, WorldCat | ISBN-13: 9780415564731 (pbk.) – Find a Library: Wikipedia, WorldCat | ISBN-13: 9780203836194 (ebk.) – Find a Library: Wikipedia, WorldCat

Language: English

Keywords: 20th Century, 21st Century | Bosnian History, Rwandan History | Prosecution: Trials / International Criminal Tribunal for Rwanda, International Criminal Tribunal for the former Yugoslavia Types: Genodical Rape / Rwandan Genocide; Wartime Rape / Bosnian War

Full Text

Link: Google Books (Limited Preview)

Additional Information

Author: Nicola Henry, School of Social Sciences and Communications , La Trobe University


  Acknowledgments (p. xi)
  1 Introduction: how the past is made to matter (p. 1)
  2 Traces of truth: collective memory and the law (p. 10)
    The problematic of memory (p. 13)
      The fragility of memory (p. 13)
      Collective memory (p. 14)
      Gender and memory (p. 21)
    Collective memory and the law (p. 21)
  3 A history of silence: the Nuremberg and Tokyo trials (p. )
    Silence at Nuremberg (p. 29)
    The Tokyo trial: the Rape of Nanking and the ‘comfort women‘ (p. 36)
    The silent witness (p. 39)
      The victors (p. 40)
      Whose justice? (p. 47)
    Unspeakability (p. 49)
    History under siege (p. 52)
      The rape wars (p. 53)
  4 Casualties of law: wartime rape and war crimes courts (p. 61)
    Victims‘ justice: wartime rape and the rise of the counter-memory (p. 62)
    The International Criminal Tribunal for the Former Yugoslavia (p. 64)
      The first trial: Tadič (p. 66)
      A crime of torture: Čelebiči (p. 72)
      A crime against humanity: Foča (p. 80)
    The International Criminal Tribunal for Rwanda (p. 90)
      Genocidal rape: Akayesu (p. 92)
    Beyond the International Criminal Court (p. 97)
  5 Trials and trauma: the impossibility of bearing witness (p. 100)
    Trauma trajectories (p. 101)
    Articulating trauma (p. 107)
    Legal conceptions of trauma (p. 109)
      The impossibility of memory: Furundžija (p. 109)
  6 Wartime rape and the legacy of law (p. 117)
    The legacy of law (p. 118)
    The limitations of law (p. 123)
    The violence of law (p. 125)
  Notes (p. 131)
  References (p. 144)
  Index (p. 163)


Wartime rape has been virulent in wars of sovereignty, territory, conquest, religion, ideology and liberation, yet attention to this crime has been sporadic throughout history. Rape remains ‘unspeakable’, particularly within law. Moreover, rape has not featured prominently in post-conflict collective memory. And even when rape is ‘remembered’, it is often the subject of political controversy and heated debate.
In this book, Henry asks some critical questions about the relationship between mass rape, politics and law. In what ways does law contribute to the collective memory of wartime rape? How do ‘counter-memories’ of victims compete with the denialism of wartime rape? The text specifically analyses the historical silencing of rape throughout international legal history and the potential of law to restore these silenced histories, it also examines the violence of law and the obstacles to individual and collective redemption. Tracing the persecution of rape crimes within contemporary courts, Henry seeks to argue that politics underscores the way rape is dealt with by the international community in the aftermath of armed conflict.
Providing a comprehensive overview of the politics of wartime rape and the politics of prosecuting such crimes within international humanitarian law, this text will be of great interest to scholars of gender and security, war crimes and law and society.« (Source: Routledge)


Balockaite, Rasa. Political Studies Review 11(1) (January 2013): 114-115. – Full Text: Wiley Online Library (Restricted Access)

Bourke, Joanna. Gender & Development 19(2) (July 2011): 329-331. – Full Text: Taylor & Francis Online (Restricted Access)

Darian-Smith, Eve. Historical Justice and Memory: Research Network (December 27, 2010). – Full Text: Historical Justice and Memory: Research Network (Free Access)

Wikipedia: Genocidal rape: International Criminal Tribunal for Rwanda, Rape during the Rwandan Genocide, Rwandan Genocide; Wartime sexual violence: Bosnian War, International Criminal Tribunal for the former Yugoslavia, Rape during the Bosnian War

Added: October 18, 2014 – Last updated: October 18, 2014