Added: May 7, 2016 – Last updated: May 7, 2016

TITLE INFORMATION


Author: Angela Rea

Title: Martial Rape and International Law

Subtitle: The Work of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda

Thesis: Memoir, University of Ottawa

Year: 2005

Pages: 85pp.

Language: English

Keywords: Modern History: 20th Century, 21st Century | African History: Rwandan History; European History: Bosnian History | Prosecution: Trials / International Criminal Tribunal for Rwanda, International Criminal Tribunal for the Former Yugoslavia; Types: Genocidal Rape / Rwandan Genocide; Types: Wartime Time / Bosnian War



FULL TEXT


Link: uO Research: Digital Repository of the University of Ottawa (Free Access)



ADDITIONAL INFORMATION


Abstract: »The International Criminal Tribunals for the Former Yugoslavia and Rwanda are the first international legal venues that have prosecuted rape as a war crime. This paper reviews the history of martial rape and martial rape legislation, as well as the national and international legal mechanisms that have been used to deal with this problem. The limited literature that addresses the topic of martial rape, most of which is based within feminist framework, is also detailed and used to form the analysis of the work of the International Criminal Tribunals. This analysis begins with a brief history of the conflicts in Rwanda and the former Yugoslavia, and is followed by a summary of each of the completed martial rape cases that have been heard at the Tribunals. A critical analysis of these trials from a feminist perspective is the final component of this paper.« (Source: Thesis)

Contents:

  Acknowledgements (p. 4)
  Abstract (p. 5)
  Introduction (p. 6)
  Chapter One: Literature Review (p. 8)
    History of Martial Rape Legislation (p. 9)
      Other Mechanisms Used to Deal With War Crimes (p. 11)
    Feminist Writing (p. 17)
      Accounting for Women's Experiences of Martial Rape (p. 20)
      Structural Perspectives on Martial Rape (p. 21)
      Martial Rape as a Tool of Genocide (p. 23)
      Feminist Commentaries Concerning Martial Rape Motivations (p. 23)
      Feminist Critical Approaches to Law (p. 25)
  Chapter Two: Methodology (p. 29)
    Research Questions (p. 30)
    Content Analysis (p. 30)
    Feminist Perspective (p. 32)
    Artifacts (p. 33)
  Chapter Three: Analysis of Cases from the International Criminal Tribunal for Rwanda (p. 36)
    Background (p. 37)
    Martial Rape Cases Completed By The International Criminal Tribunal for Rwanda (p. 38)
      Case Summaries (p. 39)
      Superior Responsibility in Cases of Martial Rape (p. 42)
      Victim Testimony at the ICTR (p. 44)
      Defences Used (p. 45)
      Pregnancy and Gender Myths (p. 47)
      Rape Myths (p. 47)
      Rape As Torture (p. 49)
      Sexual Mutilation (p. 49)
  Chapter Four: Analysis of Cases from the International Criminal Tribunal for the Former Yugoslavia (p. 51)
    Background (p. 52)
    Martial Rape Cases Completed by the International Criminal Tribunal for the Former Yugoslavia (p. 54)
      Case Summaries (p. 54)
      Detention Facilities (p. 61)
      Foca: A Case of Enslavement (p. 62)
      Rape as Persecution (p. 62)
      Rape as Torture (p. 63)
      Superior's Responsibility in Martial Rape Cases (p. 64)
      Victim Testimony at the ICTY (p. 65)
      Defences Used (p. 65)
      Consenbt and Rape Myths (p. 66)
  Chapter Five: Discussion of Tribunal Results and Literature (p. 69)
    Context and 'Collateral Damage' (p. 70)
    Martial Rape as Torture (p. 71)
    Enslavement and Martial Rape (p. 72)
    Forced Pregnancies (p. 73)
    Motivation and Myth (p. 74)
    Gender Specific Aspects of Martial Rape (p. 76)
  Conclusion (p. 78)
    Prevention Strategies (p. 79)
    Concluding Remarks (p. 80)
  References (p. 82)

Wikipedia: History of Africa: History of Rwanda | History of Europe: History of Bosnia and Herzegovina | Court: International court / International Criminal Tribunal for Rwanda, International Criminal Tribunal for the former Yugoslavia | Types of rape: Genocidal rape, Wartime sexual violence | Genocide: Rwandan genocide / Rape during the Rwandan Genocide | War: Bosnian War / Rape during the Bosnian War