31. Rape as Genocide: The Legal Response to Sexual Violence
- Author:
- Dr. Frances T. Pilch
- Publication Date:
- 09-2002
- Content Type:
- Working Paper
- Institution:
- Center for Global Security and Democracy
- Abstract:
- The last decade has witnessed a profound transformation in the treatment of sexual violence in international law. The overwhelming evidence of the widespread use of rape as a policy tool in the former Yugoslavia, combined with the tragedy of the genocide in Rwanda, in which rape was also widely prevalent, has led to a legal reconceptualization of sexual violence in internal and international conflicts. The ad hoc tribunals for the former Yugoslavia and Rwanda, have genuinely broken new ground as they have confronted cases dealing with the complexities of rape, torture, and genocide. They have struggled with determining the legal definition of rape and finding a balance between the rights of witnesses and defendants. The revolutionary changes that have taken place in this area of the law in large part reflect the growing mobilization and influence of non-governmental organizations articulating the importance of the rights of women, and the increasing importance of the presence of women advocates, prosecutors, and judges.
- Topic:
- Gender Issues, Genocide, Human Rights, and International Law
- Political Geography:
- Europe, Yugoslavia, and Sierra Leone