Ray 1997 Terrorism

Title Information

Author: Amy E. Ray

Title: The Shame of It

Subtitle: Gender-Based Terrorism in the Former Yugoslavia and the Failure of International Human Rights Law to Comprehend the Injuries

Journal: The American University Law Review

Volume: 46

Issue: 3

Year: February 1997

Pages: 793-840

ISSN: 0003-1453 – Find a Library: WordCat

Language: English

Keywords: 20th Century | Bosnian History, Croatian History, Serbian History | Prosecution: Laws; Types: Wartime Rape / Bosnian War

Full Text

Link: American University Law Review [Free Access]

Link: Digital Commons @ American University Washington College of Law [Free Access]

Additional Information

Abstract: »The author of this article argues that the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) is limited by the fact that international law fails to fully comprehend the gender-specific nature of rape, thus preserving the patriarchal structure of international law. Beyond rape, the author catalogues many other gender-based crimes including prostitution, forced pregnancy, as well as spousal and familial abuse that took place before, during and after the war. The author argues that the historically subordinate position of Balkan women ensured that "sexual terrorism" was an effective strategy of war and continues to terrorize its survivors. She concludes that we must acknowledge that women are sexually terrorized each day in every country of the world and that only by holding individuals and states responsible can international human rights law comprehend the injuries inflicted upon women and protect them.« (Source: Women's Human Rights Resources Database)


  Introduction (p. 794)
  I. The Terrorism of Women in Bosnia-Herzegovina (p. 799)
    A. Rape as a Strategy of War (p. 801)
    B. Concentration Camps as Brothels (p. 807)
    C. Forced Pregnancy and Forced Motherhood (p. 808)
    D. Prostitution (p. 810)
    E. Persecution Based on Nationality, Ethnicity, and Gender (p. 814)
  II. International Law and the Sexual Terrorism in the Former Yugoslavia (p. 815)
    A. Grave Breaches of the 1949 Geneva Conventions (p. 817)
    B. Violations of the Laws or Customs of War (p. 819)
    C. Genocide (p. 820)
    D. Crimes Against Humanity (p. 822)
  III. Redefining International Human Rights in Light of the Sexual Terrorism of the Balkans (p. 824)
    A. What the Experience of Bosnian and Croation Women Teaches Us (p. 825)
    B. The Public/Private Dichotomy and the War in the Former Yugoslavia (p. 830)
    C. A New Response (p. 835)
  Conclusion (p. 840)

Wikipedia: Bosnian War, Rape in the Bosnian War, War rape

Added: June 28, 2014 | Last updated: June 28, 2014