sexual violence Flashcards
goldenberg, in relation to the holocaust?
‘different horrors, same hell’
literary review?
3 points…
1) silent for 40 years, growing awareness w tribunals for Rwanda and Yugoslavia in the 1990s
2) plethora of challenges, must interrogate feminist ‘approaches’
3) useful compared with traditional frameworks, e.g. political accountability
methodological issues?
5 points….
1) evidence
* victims killed, outcast by society, difficulty in recounting rape
* SHARLACH = shrewd crime that leaves behind no evidence
2) overly feminised narrative = restrictive
* homogenous narrative
* females have agency
* BOS critiques that feminist scholarship takes away female agency and potential for blame
e.g.
African Rights, 1995, Rwanda: Not So Innocent - Women As Killers
3) hypermasculinisation of genocide
* men can also be victims?
* PATRICK CAMMAERT - ‘it has probably become more dangerous to be a woman than a soldier in an armed conflict’
vs. ADAM JONES ‘battle-aged men’
and HELEN FEIN - men most at risk of being killed
4) gendered-specific experiences of genocide
* female experience as distinct
why? role of procreator, occupation of womb, chastity, future generations, etc
long term distinction - 70% Rwandan pop = female; financial reliance
5) what constitutes ‘systematic rape’
e. g. just cos Tutsi women were mainly targeted, does not mean that Hutus women were not raped? –> issue of overarching narratives
case study: holocaust
- rape in extermination context
- law for the protection of German blood and German honour
- prohibition of rape
- issues of ‘purity’
case study: yugoslavia
- rape until pregnant campaign, 1995 - rape camps
- serbian identity vs. bosnian muslim identity
- FISHER = occupation of womb
- MACKINNON = rape as genocide
- 10,000-60,000 raped; 3 times a day
- ‘the generation of child of hate’
- ‘second rape’ = stigmitisation
furundzija case
1998
- first UN war crime trial to focus exclusively on rape
- colleague orally, vaginally and anally raped a bosnian women whilst he interrogated her
- trial used gender neutral terms, e.g. ‘the victim’
= sparked discussion and progress in gender-related crimes
case study: rwanda
- systematic rape
- 250,000-500,000; 90% of current females sexually abused
‘rape was the rule and its absence the exception’
sex as weapon
1) transmission of HIV, 35% positive .. 70% victims got HIV
2) genital mutilation
3) social stigma = fractured society
4) 10,000 rape babies born
SHARLACH argues that rape aimed at weakening and destroying tutsi women
Hutu 10 commandments - 4 of these inc. women
rwandan tribunal
- akayesu convicted of rape as a crime against humanity and as an instrument of genocide
- help set precedent for more explicit prosecution of rape as genocidal weapon
UN convention & rape??
4 key points
1) killing members of group
2) causing serious bodily/mental harm
3) physical destruction in whole/in part
4) imposing measures to prevent births within the group
article 46 of hague convention 1907
used to prosecute nanking rapists
article 27 of 4th geneva convention 1949
women protected against attacks on their honour
rape = genocide?
4 points
- SHARLACH and FEIN
1) intent to destroy
occupying womb, hiv
2) mental/physical harm
bayonet in genitals, Y = sexual apathy, R = genital mutilation
intent? hard.
3) fracturing society
SHARLACH and ‘second rape’
4) patriarchy
target men too
‘rape of nation’ = symbolic
rape = not genocide?
5 points
- issues w intent
- calling rape genocidal reifies constructed ethnic categories which make genocide conceivable in the first place
- rapes of perceived genocidaire neglected (e.g. Hutus)
- peacetime rape is a THING?
- rape = circumstantial/spontaneous (e.g. holocaust)
yes to inc in UN conv
- all reasons for why rape is genocidal practice
- power of courts as legitimate authority - help victims?
- decrease stigmitisation
- success already shown in Akayesu case - develop this
- rape as more systematic, rape of nation
no to inc in UN conv
- not necessary
- Akayesu = already successfully
- provisions seen in the convention
i. e. the 4 parts that apply - not appropriate
- ‘risks rendering rape invisible once again’
- COPELAN argues against it - undermines magnitude of non-genocidal rape
- where do we draw a line? not everything can be explicitly articulated
conc for un q
Q SHOULD NOT BE ABOUT POSSIBLE INCLUSION, BUT RATHER THE ENFORCEMENT OF ALREADY-EXISITING LEGAL FRAMEWORK
is gender useful ?
- women targeted cos of ethnic group not cos of gender - but most vulnerable
- Shaw’s conflict of power
male experience
- COLE - holocaust, strength, save
but also u get it for females w yugoslavia (procreator) - usually killed
female experience
- FORGEY = women face trajectories of violence
- DADERIAN shows stages of violence, e.g. raped - expelled - killed
- FISCHER - occupation of womb
- SHARLACH - ‘second rape’
BOS shows flaws of this !!!!!
similarities of Y and R?
1) rooted with problems of patriarchy, defined by male prism
2) survivors of rape as outcast
3) women role of procreator either exploited or destroyed
4) long term attack on ethnicity
differences of Y and R?
Y = impregnante, gene pool, ethnic cleansing
60,000
R = aim to destroy, 1994 systematic
250,000
case study: Foca, Bosnia
First sexual slavery prosecution in any international criminal proceeding
- June 1996, ICTY issues indictment against 8 Bosnian Serbs for enslavement and rape of Muslim women in Foca, eastern Bosnia.
- Girls tortured and raped over several months
- At least 72 held in school, sports house, make shift brother
what is systematic rape????
to prove rape as a crime against humanity, must prove not that the rape was widespread/systematic, but that the attack was, and that rape was a means of attack. Systematic may establish intent, which may establish GENOCIDE
traumatic consequences for rape survivors?
trauma; sexual apathy or promiscuity; substance abuse; depression; psychosomatic ailments; anger; loss of sense of womanhood; and confusion about one’s identity.
COPELON on war
War tends to intensify the brutality, repetitiveness, public spectacle, and likelihood of rape. War diminishes sensitivity to human suffering and intensifies men’s sense of entitlement, superiority, avidity, and social license to rape.
children born !!
help decrease this stigma? blame seems to be placed on them
purely as “the other,” despite their birth mothers’ identities …inextricably linked to their rapist fathers.
TWO CASES
Bosnia - they are called “a generation of children of hate.”
Rwanda - known as “children of bad memories,” “children of hate,” and “unwanted children.”
BOS and his 2 approaches
sexism approach - women as the collective target
and object of rape are emphasized
genocide approach, in which the ethnicity or race of the women is the focus and women are seen as
collectively violated as a particular ethnic or racial group rather than, or
in addition to, as women.
both of these ways of viewing the conflict—along
gender or ethnic/racial lines—played a role in the ideology that fueled
the wars and in the violence itself: it was both sexual and ethnic/racial.
