CIAO DATE: 09/02

Rape as Genocide: The Legal Response to Sexual Violence

Dr. Frances T. Pilch

2002

Center for Global Security and Democracy
Rutgers University

 

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.

In this chapter, some of the most important changes in the legal interpretation of sexual violence will be addressed. The importance of new actors in the international arena will also be examined. Finally, the proposed tribunal to deal with violations of international humanitarian and human rights law in Sierra Leone will be examined in light of the experiences of the ad hoc tribunals.

Full Text (PDF format, 25 pages, 92Kb)