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- Author or Editor: Brenda Fitzpatrick x
The use of rape as a deliberate tactic of war is a serious human rights issue that needs to be addressed as a threat to human and international security. This ground-breaking book is the first to analyse its use as an act of war against civilians and international progress away from tacit acceptance toward active rejection of this violation of international law.
Exploring international responses to sexual violence in war, it introduces the main historical facts, theoretical terms and legal developments behind UNSC resolutions on women, peace and security and the emerging practice of international law in this area. It identifies best practice in moving beyond accepting rape in war as inevitable to the recognition of tactical rape as a security concern for women, men, states and the international community.
Powerful testimonies of victims are included to bring the issue alive, making this a much-needed volume for academic and professional communities.
This introduction defines tactical rape perpetrated by state and non-state actors in intra- or inter-state conflicts. It provides background terminology, a context and a rationale for tracking the change from acceptance of tactical rape and sexual violence in conflict as inevitable to normative rejection of these pernicious practices. It claims there has been significant positive change in policies and practices resulting from work in international criminal tribunals and at the United Nations. It acknowledges the reality of the persistent practice of tactical rape and sexual violence in conflict and the criticisms and reservations regarding the claim of significant progress. It indicates there are ongoing challenges and that there will be proposals as to how these might be met.
This chapter provides information on situations involving tactical rape and sexual violence in conflict. This includes conflicts in Sudan/Darfur, Syria, Democratic Republic of Congo, Sierra Leone, the former Yugoslavia and Rwanda. It demonstrates the persistent practice of tactical rape and sexual violence in these disparate cultures and highlights the need for ongoing work to prevent and confront these violations which are often perpetrated by states which are part of making international commitments rejecting them. Accounts demonstrate the impact on survivors and victims. The need for reliable data collection as a base for understanding and responding to these crimes is demonstrated along with explanations as to why such data is difficult to collect.
This chapter considers the changing nature of war as a context for tactical rape and sexual violence. It highlights how the conflicts in Rwanda and the former Yugoslavia in the 1990s exemplified new wars and how tactical rape and sexual violence were particularly effective. The social relationships of communities and cultures contribute to rendering women vulnerable in peace time and exacerbate their vulnerability in conflict. Patriarchy contributes and there is a need to confront such social attitudes and the policies and practices which build on it. Testimonies from survivors, victims and observers in Rwandan and former Yugoslavia contribute to understanding the impact of tactical rape and sexual violence in these conflicts.
This chapter reviews feminist analysis and reservations and concerns regarding tactical rape and the gendered content and processes of international human rights and humanitarian law. Reservations regarding the negative impact of adversarial court proceedings are highlighted. It considers definitions of rape under international law, of genocide and ethnic cleansing and the role of the concept of Responsibility to protect. The efficacy of the International Criminal Court is assessed. The chapter analyses how existing law can be applied to tactical rape and sexual violence in conflict.
This chapter analyses the establishment, operation, achievements and failures of the International criminal tribunal for the former Yugoslavia. It focusses on definitions and outcomes in cases involving tactical rape and sexual violence in the conflict in the 1990s. It reviews how tactical rape is viewed as a strategy and is policy determined. Rulings apply to tactical rape and sexual violence and the reality that such crimes could be dealt with under existing international law: they could be judged to be crimes against humanity, war crimes and acts of torture. Rulings established command responsibility reaching up to a head of state and the nature of conflicts to include both inter and intra state conflicts. Achievements and criticisms are reviewed. Testimonies are reviewed to demonstrate the suffering of survivors and victims.
This chapter reviews the key case linking tactical rape and genocide in the Rwandan conflict and the importance of this ruling. Command responsibility is noted as a sign of progress as are the definitions of rape and coercion. It analyses the preparation for and nature of the conflict, including the constructed vulnerability of Tutsi women. The operation of the International Criminal Tribunal for Rwanda is analysed and assessed finding serious reservations about investigations and the impact of adversarial proceedings on survivors and victims of tactical rape and sexual violence. Primary sources such as UN reports and court records are considered to demonstrate the changing attitude to tactical rape. Testimonies are reviewed to demonstrate the suffering of survivors and victims.
This chapter focusses on United Nations Security Council 1325 passed in 2000. It analyses the resolution in detail; highlights the beginnings of changed attitudes to tactical rape and sexual violence in conflict and implications for accepting these as issues within the mandate of the Security Council. It reviews steps leading to the resolution and providing the basis for future work. The National Action Plans required of states are considered finding their limitations and significance. This is done within acknowledgement that states form the Security Council and some states are among the perpetrators of these crimes. Limitations of resolutions are highlighted.
This Chapter focusses on developments at the United Nations Security Council regarding tactical rape and sexual violence in conflict after 2000 with emphasis on UNSCR 1820 and other resolutions which followed 2008. It highlights the consensus which emerged that these were issues falling within the Security Council’s mandate as threats to women, to states and to the international community. It analyses primary sources such as UN report, resolutions and a key debate around UNSCR 1820 and considers the growing institutionalisation of responses and commitments regarding these crimes. Policies and practices included the appointment of senior advisors and experts, requirements for reporting and data collection and analysis, budget allocations and training for peacekeepers and other personnel in situations of conflict where tactical rape and sexual violence were perpetrated. Remaining challenges including UN limits on enforcing compliance with resolutions remained with state actors featuring on the lists of known perpetrators.
This chapter considers the transition from conflict to peace and the implications for survivors and victims of tactical rape. It analyses needs arising from threats to human and state security. When conflict is left unresolved crimes which have occurred in conflict but left with impunity for perpetrators can carry over to peace time. Neighbouring countries and economies can be affected. Cyclical conflict can follow. Speedy and appropriate transitional justice is needed when conflict ceases. Security sectors which may have been involved in tactical rape and sexual violence in the conflict need reform. Women need to be empowered to participate in peacemaking, reconciliation and societal changes which have previously rendered them vulnerable in conflict.
