Rape and Sexual Abuse of Women in International Law

Chinkin, Christine

doi:10.1093/oxfordjournals.ejil.a035874

Cited by 72 publications

(23 citation statements)

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“…), is an act committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. the acts include killing or causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, in whole or in part; imposing measures intended to prevent births within the group; and forcibly transferring children of the group to another group (Chinkin, 1994). the ideology of genocide is rooted in nationalism and a sense of cultural superiority, underscored by ideologies of nationality, race, religion, and ethnicity.…”

Section: Genocide and Gendermentioning

confidence: 99%

Gender and Genocide: A Research-as-Creation Project

Rashid¹

2014

Canadian Journal of Communication

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Section: Genocide and Gendermentioning

confidence: 99%

Gender and Genocide: A Research-as-Creation Project

Rashid¹

2014

Canadian Journal of Communication

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“…Conflict rape pervades a diversity of types of conflicts-from international wars, to revolutions, civil wars, pogroms, ethnic cleansing campaigns, and genocides-and occurs regardless of the ideological justifications for war (Chinkin 1994). Conflict rape occurred in World War II in the form of the Japanese "comfort women" and the systematic rape of thousands of women during the siege of Nanking (Chang 1997).…”

Section: History Of Conflict Rape Prosecutionmentioning

confidence: 99%

“…Conflict rape occurred in World War II in the form of the Japanese "comfort women" and the systematic rape of thousands of women during the siege of Nanking (Chang 1997). In the 1990 Gulf War, an estimated 5,000 Kuwaiti women were raped by Iraqi soldiers, and during the noninternational conflict in Peru, women reported being raped by government soldiers and members of the Shining Path (Chinkin 1994).…”

Section: History Of Conflict Rape Prosecutionmentioning

confidence: 99%

Mobilizing the Will to Prosecute: Crimes of Rape at the Yugoslav and Rwandan Tribunals

Haddad

2010

Hum Rights Rev

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Widespread and systematic rape pervaded both the genocides in BosniaHerzegovina in 1992 and in Rwanda in 1994. In response to these conflicts, the Yugoslav Tribunal (ICTY) and the Rwandan Tribunal (ICTR) were created and charged with meting justice for crimes committed, including rape. Nevertheless, the two tribunals differ in their relative success in administering justice for crimes of rape. Addressing rape has been a consistent element of the ICTY prosecution strategy, which resulted in gender-sensitive investigative procedures, higher frequencies of rape indictments, and more successful prosecutions. In contrast, rape has not been a central focus of the ICTR prosecution strategy, which resulted in a sporadic approach to gender-sensitive investigative procedures, inconsistent rape indictments, and few successful prosecutions. What accounts for this disparity in rape prosecutions between the Rwandan and Yugoslav tribunals? Building off the existing literature that discusses factors such as legal instruments and resource capacity of the tribunal, this article argues that transnational advocacy helped generate the necessary political will to adopt and implement legal norms regarding crimes of sexual violence at the ICTY and the ICTR. Following the importance of transnational advocacy as agents of norm change, this paper also explores the antecedent conditions of advocacy mobilization that conditioned different levels of mobilization vis-à-vis the ICTY and the ICTR, including media attention and framing, connections and interest match with local groups, and geopolitical context.

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“…The increased vulnerability of women to rape and sexual violence has always been a feature of war (Chinkin 1994). There are well documented accounts of many thousands of women being raped during conflicts by both enemy and 'friendly' forces, for example, during World War II (Bos 2006), the 1971 Indo-Pakistani war (Menon and Bhasin 1998), wars in the former Yugoslavia (HRW 1993 p.163-165) and Rwanda (HRW/FIDH 1996) as well as in internal conflicts in Peru, Liberia, east Timor (Chinkin 1994 p 2).…”

Section: Wartime Sexual Violencementioning

confidence: 99%

“…A variety of factors contribute to the impunity of perpetrators of sexual violence and the failure to date to achieve justice with respect to gender-based war crimes. These include deeply-engrained perceptions that rape and other forms of sexual violence are unavoidable aspects of the breakdown in social order that accompanies war (Chinkin 1994 p.4) as well as women's own fears of social stigma and/or rejection by spouses, families and communities (Chinkin 1994p. 5, Grenfell 2004.…”

Section: Wartime Sexual Violencementioning

confidence: 99%

Seeking gender justice in post-conflict transitions: towards a transformative women’s human rights approach

Reilly

2007

International Journal of Law in Context

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This article critically examines the prospects for achieving a comprehensive vision of gender justice in post-conflict transitional contexts. It is divided into three main sections. The first reviews the gendered limits of mainstream approaches to transitional justice and highlights gender biases in related dominant discourses, which shape how conflict, and transitions from conflict, are understood and enacted to the detriment of women. The second focuses on the benefits and limitations of engendering wartime criminal justice with particular reference to the International Criminal Court. The third considers the prospects for a more comprehensive approach to gender justice that shifts the emphasis from ‘women as victims’ of conflict to women as agents of transformation, through an examination of the significance of Security Council Resolution 1325. Ultimately, the author argues that achieving gender justice in transitions is inextricably tied to wider bottom-up efforts by women’s movements to realise a comprehensive vision of women’s human rights within a framework of critically-interpreted, universal, indivisible human rights.

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Rape and Sexual Abuse of Women in International Law

Cited by 72 publications

References 0 publications

Gender and Genocide: A Research-as-Creation Project

Gender and Genocide: A Research-as-Creation Project

Mobilizing the Will to Prosecute: Crimes of Rape at the Yugoslav and Rwandan Tribunals

Seeking gender justice in post-conflict transitions: towards a transformative women’s human rights approach

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