Added: January 6, 2007 – Last updated: July 2, 2016


Author: Sara L. Zeigler and Gregory G. Gunderson

Title: Pernicious Patriarchy or Prosecutorial Progress?

Subtitle: Confronting Culture, War, and Rape in International Law

Journal: The Journal of Conflict Studies

Volume: 25

Issue: 2

Year: Winter 2005

Pages: 23-44

ISSN: 1198-8614 – Find a Library: WordCat

Language: English

Keywords: Modern History: 20th Century | European History: Bosnian History | Prosecution: Laws; Prosecution: Trials / International Criminal Tribunal for the Former Yugoslavia; Types: Wartime Sexual Violence / Bosnian War


Link: Centre for Digital Scholarship Journals at the University of New Brunswick (Free Access)


Abstract: »In the aftermath of the wars in the former Yugoslavia, feminist activists have encouraged the use of international law to prosecute those leaders employing rape as a tool for ethnic cleansing. First, we will analyze the reasons that rape is effective in disrupting social and against women. Second, we will elucidate the peculiar problems of prosecuting war criminals whose offenses targeted female non-combatants in the form of sexual violence. We begin with an examination of the international law related to war crimes, as well as the ethical implications of various techniques used to enforce the law and bring war criminals to justice. A brief examination of key areas of US rape law will demonstrate the relative leniency extended to perpetrators of violence against women domestically in a nation that guarantees women full juridical equality. After examining some specific prosecutions, we will apply the lessons learned to the larger context of international law.« (Source: Journal of Conflict Studies)


  Abstract (p. 23)
  Introduction (p. 23)
  Normalized Rape in Peacetime (p. 25)
  International Law and War Crimes (p. 30)
  The Rape of Bosnia and the International Criminal Tribunal for the Former Yugoslavia (p. 32)
  Conclusions (p. 38)
  Endnotes (p. 41)

Wikipedia: History of Europe: History of Bosnia and Herzegovina | Court: International court / International Criminal Tribunal for the former Yugoslavia | Sex and the law: Wartime sexual violence | War: Bosnian War / Rape during the Bosnian War