War Crimes Against Women

This book examines laws and customs of war prohibiting rape crimes dating back thousands of years, even though gender-specific crimes, particularly sex crimes, have been prevalent in wartime for centuries. It surveys the historical treatment of women in wartime, and argues that all the various forms of gender-specific crimes must be prosecuted and punished. It reviews the Nuremberg and Tokyo War Crimes Tribunals from a gendered perspective, and discusses how crimes against women could have been prosecuted in these tribunals and suggests explanations as to why they were neglected. It addresses the status of women in domestic and international law during the past one hundred years, including the years preceding World War II and in the aftermath of this war, and in the years immediately preceding the Yugoslav conflict. The evolution of the status and participation of women in international human rights and international humanitarian law is analyzed, including the impact domestic law and practice has had on international law and practice. Finally, this book reviews gender-specific crimes in the Yugoslav conflict, and presents arguments as to how various gender-specific crimes (including rape, forced prostitution, forced impregnation, forced maternity, forced sterilization, genocidal rape, and sexual mutilation) can be, and why they must be, prosecuted under Articles 2-5 of the Yugoslav Statute (i.e., as grave breaches of the Geneva Conventions, torture, violations of the laws of war, violations of the customs of war, genocide, and crimes against humanity). The author, a human rights attorney, academic, and activist, spent three years researching both the treatment of women during periods of armed conflict and humanitarian laws protecting women from war crimes.

Women war criminals are far more common than we think. From the Holocaust to ethnic cleansing in the Balkans to the Rwandan genocide, women have perpetrated heinous crimes. Few have been punished. These women go unnoticed because their very existence challenges our assumptions about war and about women. Biases about women as peaceful and innocent prevent us from "seeing" women as war criminals—and prevent postconflict justice systems from assigning women blame. Women as War Criminals argues that women are just as capable as men of committing war crimes and crimes against humanity. In addition to unsettling assumptions about women as agents of peace and reconciliation, the book highlights the gendered dynamics of law, and demonstrates that women are adept at using gender instrumentally to fight for better conditions and reduced sentences when war ends. The book presents the legal cases of four women: the President (Biljana Plavšic), the Minister (Pauline Nyiramasuhuko), the Soldier (Lynndie England), and the Student (Hoda Muthana). Each woman's complex identity influenced her treatment by legal systems and her ability to mount a gendered defense before the court. Justice, as Steflja and Trisko Darden show, is not blind to gender.

Of the ICTY.

From Christina Lamb, the coauthor of the bestselling I Am Malala and an award-winning journalist—an essential, groundbreaking examination of how women experience war. In Our Bodies, Their Battlefields, longtime intrepid war correspondent Christina Lamb makes us witness to the lives of women in wartime. An award-winning war correspondent for twenty-five years (she’s never had a female editor) Lamb reports two wars—the “bang-bang” war and the story of how the people behind the lines live and survive. At the same time, since men usually act as the fighters, women are rarely interviewed about their experience of wartime, other than as grieving widows and mothers, though their experience is markedly different from that of the men involved in battle. Lamb chronicles extraordinary tragedy and challenges in the lives of women in wartime. And none is more devastating than the increase of the use of rape as a weapon of war. Visiting warzones including the Congo, Rwanda, Nigeria, Bosnia, and Iraq, and spending time with the Rohingya fleeing Myanmar, she records the harrowing stories of survivors, from Yazidi girls kept as sex slaves by ISIS fighters and the beekeeper risking his life to rescue them; to the thousands of schoolgirls abducted across northern Nigeria by Boko Haram, to the Congolese gynecologist who stitches up more rape victims than anyone on earth. Told as a journey, and structured by country, Our Bodies, Their Battlefields gives these women voice. We have made significant progress in international women’s rights, but across the world women are victimized by wartime atrocities that are rarely recorded, much less punished. The first ever prosecution for war rape was in 1997 and there have been remarkably few convictions since, as if rape doesn’t matter in the reckoning of war, only killing. Some courageous women in countries around the world are taking things in their own hands, hunting down the war criminals themselves, trying to trap them through Facebook. In this profoundly important book, Christina Lamb shines a light on some of the darkest parts of the human experience—so that we might find a new way forward. Our Bodies, Their Battlefields is as inspiring and empowering is as it is urgent, a clarion call for necessary change.

Since the 1990s, sexual violence in conflict zones has received much media attention. In large part as a result of grassroots feminist organizing in the 1970s and 1980s, mass rapes in the wars in the former Yugoslavia and during the Rwandan genocide received widespread coverage, and international organizations—from courts to NGOs to the UN—have engaged in systematic efforts to hold perpetrators accountable and to ameliorate the effects of wartime sexual violence. Yet many millennia of conflict preceded these developments, and we know little about the longer-term history of conflict-based sexual violence. Sexual Violence in Conflict Zones helps to fill in the historical gaps. It provides insight into subjects that are of deep concern to the human rights community, such as the aftermath of conflict-based sexual violence, legal strategies for prosecuting it, the economic functions of sexual violence, and the ways perceived religious or racial difference can create or aggravate settings of sexual danger. Essays in the volume span a broad geographic, chronological, and thematic scope, touching on the ancient world, medieval Europe, the American Revolutionary War, precolonial and colonial Africa, Muslim Central Asia, the two world wars, and the Bangladeshi War of Independence. By considering a wide variety of cases, the contributors analyze the factors making sexual violence in conflict zones more or less likely and the resulting trauma more or less devastating. Topics covered range from the experiences of victims and the motivations of perpetrators, to the relationship between wartime and peacetime sexual violence, to the historical background of the contemporary feminist-inflected human rights moment. In bringing together historical and contemporary perspectives, this wide-ranging collection provides historians and human rights activists with tools for understanding long-term consequences of sexual violence as war-ravaged societies struggle to achieve postconflict stability.

The soldiers who occupied Germany after the Second World War were not only liberators: they also brought with them a new threat, as women throughout the country became victims of sexual violence. In this disturbing and carefully researched book, the historian Miriam Gebhardt reveals for the first time the scale of this human tragedy, which continued long after the hostilities had ended. Discussion in recent years of the rape of German women committed at the end of the war has focused almost exclusively on the crimes committed by Soviet soldiers, but Gebhardt shows that this picture is misleading. Crimes were committed as much by the Western Allies - American, French and British - as by the members of the Red Army, and they occurred not only in Berlin but throughout Germany. Nor was the suffering limited to the immediate aftermath of the war. Gebhardt powerfully recounts how raped women continued to be the victims of doctors, who arbitrarily granted or refused abortions, welfare workers, who put pregnant women in homes, and wider society, which even today prefers to ignore these crimes. Crimes Unspoken is the first historical account to expose the true extent of sexual violence in Germany at the end of the war, offering valuable new insight into a key period of 20th century history.

Reports from war zones often note the obscene victimization of women, who are frequently raped, tortured, beaten, and pressed into sexual servitude. Yet this reign of terror against women not only occurs during exceptional moments of social collapse, but during peacetime too. As this powerful book argues, violence against women should be understood as a systemic problem—one for which the state must be held accountable. The twelve essays in Gender Violence in Peace and War present a continuum of cases where the state enables violence against women—from state-sponsored torture to lax prosecution of sexual assault. Some contributors uncover buried histories of state violence against women throughout the twentieth century, in locations as diverse as Ireland, Indonesia, and Guatemala. Others spotlight ongoing struggles to define the state’s role in preventing gendered violence, from domestic abuse policies in the Russian Federation to anti-trafficking laws in the United States. Bringing together cutting-edge research from political science, history, gender studies, anthropology, and legal studies, this collection offers a comparative analysis of how the state facilitates, legitimates, and perpetuates gender violence worldwide. The contributors also offer vital insights into how states might adequately protect women’s rights in peacetime, as well as how to intervene when a state declares war on its female citizens.

Sociological, cultural, and medical essays recount the testimony of mass rape, sexual enslavement, systematic impregnation, and torture of Muslim, Croatian, and Serbian women and girls