Rape has long been used as an instrument of war with relative impunity. The scale and horror of sexual violence against women and girls during times of conflict have gained it the recognition as serious crimes. Therefore, rape has become subject of national and international jurisprudence.
The continued determination of women’s rights groups and other Non-Governmental Organizations (NGOs) have helped raise awareness and ensure protection from these horrific criminal acts. They effectively used international humanitarian law and put on trial some of the accusers. Rape and sexual violence against women during times of war has gained recognition as war crimes and crimes against humanity. However, treating rape as a war crime and prosecuting the accusers for crimes against humanity has not prevented these crimes from reoccurring. In order to prevent this horrific crime from occurring, war rape must be consider a violation of the most fundamental rights, human rights.
Human rights do not apply to women. The language of human rights creates the illusion that everyone is equal before the law, regardless of gender. It disguises the reality of unequal gender power relations that affects all societies. When addressing the crime of rape during times of conflict, the concept of equality means much more than treating all persons in the same way. Human rights activists need to address sexual violence against women as an infringement of human rights, but the only way to do that is to challenge the belief that human rights provisions adequately address women’s rights. Activists must advocate to expand human rights laws and build human rights standards to include gender specific crimes. Rape and all forms of sexual violence against women need to be clearly stated as a human rights provision.
The acceptance of violence against women during times of conflict, as an abuse of human rights will provide activists with access to the ruling by international law. Because it would be universally held to have political weight, it will provide a useful set of tools. Using these tools, women can demand the State’s and international protection, prevention against this horrific crimes and retribution against the perpetrators of abuse. To advocate human rights is to demand that the human dignity of all people be respected. Therefore, no women should be subject to any form of torture, degrading treatment of inhuman treatment.
Table of Contents
1. Introduction
2. Background, Testimonies and Outcomes
2.1 Rape of Nanking
2.2 Comfort Women in Japanese Camps
2.3 Rape of German Women
2.4 Rapes in Bangladesh-Pakistan
2.5 Ethnic Conflicts of Bosnia
2.6 Ethnic Conflict in Rwanda
3. Rape as War Crime and Crime Against Humanity v. Human Rights Violations
4. War Rape as Human Rights Violation
5. Human Rights Upheld
6. NGOs and Human Rights Laws
Research Objectives and Themes
The primary objective of this work is to demonstrate that treating rape merely as a war crime or a crime against humanity is insufficient for prevention, and to argue that sexual violence during conflict must be formally recognized and addressed as a fundamental violation of human rights to ensure adequate protection and legal recourse for women.
- Historical and systematic nature of rape as a weapon of war.
- Limitations of existing international legal frameworks in addressing gender-specific crimes.
- Case studies on the failure of justice systems in conflict zones like Nanking, Bosnia, and Rwanda.
- The critical role of NGOs in advocating for women's rights as human rights.
- The necessity of a gender-sensitive approach to international human rights and humanitarian law.
Extract from the Book
Rape of Nanking
The Rape of Nanking followed the destruction of Nanking, the Capital of China, after they surrendered to the Japanese Imperial Army. Between December 1937 and March 1938 at least 369,366 Chinese civilians and prisoners of war were killed and an estimated 80,000 women and girls were raped (Chang). This invasion of China also led to the setting up of the comfort stations throughout the Japanese empire, which we now recognize as military sexual slavery, effectually ruining the lives of over 200,000 comfort women (Chang). Japanese soldiers would go in rape rampages. They would rape young girls then bring them to the rape camps. They would take away the girls’ clothes and tied them naked to chairs, beds or poles. The young girls would be raped several times a day.
Eventually many girls would get sick and be left alone to die. Chinese witnesses described the body of an eleven-years-old girl who died after she was raped continuously for two days. “According to eye witnesses reports, the blood stained, swollen and ruptured area between the girl’s legs created a disgusting scene difficult for anyone to look at directly” (Hicks).
Rape camps were not the only places were rapes occurred. Chinese women were raped in all locations and at all hours. “Survivors even remember soldiers prying open the legs of victims to rape in broad daylight, in the middle of the street, and in front of crowds of witnesses” (Barstow). Chinese women were raped in churches, bible training schools, nunneries and in their homes. There was no place too sacred for rape. Japanese soldiers did not discriminate against age either; grandmothers and great-grandmothers were also raped then killed. Some women died during the rape. Those who protested because they were too old were tortured. “One women in her late eighties said she was too old for sex, so the Japanese rammed a stick up her instead” (Chang).
Summary of Chapters
1. Introduction: This chapter highlights the history of sexual abuse in war, the historical lack of legal recognition for these acts, and the evolving role of NGOs in advocating for the protection of women's rights.
2. Background, Testimonies and Outcomes: This section examines six major historical case studies, including the Rape of Nanking and the conflicts in Bosnia and Rwanda, to illustrate the systematic use of sexual violence and the failure of current legal systems to prevent its recurrence.
3. Rape as War Crime and Crime Against Humanity v. Human Rights Violations: This chapter explores the distinction between existing legal definitions of war crimes and the broader necessity of framing sexual violence as a fundamental human rights violation.
4. War Rape as Human Rights Violation: The author discusses how current human rights frameworks often fail to address gender-specific realities and argues that defining rape as a human rights abuse is essential for dignity and legal protection.
5. Human Rights Upheld: This chapter reviews the role of UN peacekeeping missions and international laws in promoting stability, while emphasizing the remaining gaps in protecting women from gender-specific violence.
6. NGOs and Human Rights Laws: The concluding chapter focuses on the necessary policy changes and the vital cooperation between governments and NGOs required to integrate women's rights into the global human rights agenda.
Keywords
Rape, War Crimes, Human Rights, Sexual Violence, Women's Rights, International Humanitarian Law, NGOs, Conflict, Genocide, Systematic Rape, Gender-based Violence, Accountability, Protection, International Criminal Court, Advocacy.
Frequently Asked Questions
What is the core argument of this work?
The author argues that while rape is increasingly recognized as a war crime, this status is insufficient for prevention. The work contends that sexual violence during conflict must be categorized as a fundamental human rights violation to ensure state accountability and legal protection for women.
Which thematic areas are primarily addressed?
The work covers the history of wartime sexual violence, the failures of current international legal frameworks, the role of international tribunals, and the advocacy efforts of NGOs to bridge the gap between "women's rights" and universal "human rights."
What is the primary research goal?
The goal is to demonstrate that the current international community's approach to wartime rape is inadequate and to propose a shift in perspective—moving from treating rape as a "side effect" of war to treating it as a core human rights violation.
Which scientific methodology does the author employ?
The author uses a qualitative approach, combining historical analysis of documented war crimes with a review of international legal statutes, UN declarations, and reports from human rights organizations.
What topics are discussed in the main body?
The main body examines historical atrocities from World War II to the ethnic conflicts in Bosnia and Rwanda, evaluates the statutes of international tribunals, and assesses the efficacy of policies aimed at protecting women in conflict zones.
Which keywords best describe the publication?
Key terms include wartime rape, human rights, international humanitarian law, gender-specific violence, systematic rape, and NGO advocacy.
How does the author characterize the "comfort women" issue?
The author describes it as a form of state-sanctioned military sexual slavery, emphasizing that despite the recognition of the terror lived by these women, little has been done by international actors to provide meaningful compensation or systemic prevention.
What is the author's critique of the International Criminal Tribunals?
While acknowledging their importance in setting precedents, the author critiques these tribunals for their historical delays in investigating and prosecuting sexual violence, noting that they often treat rape as an afterthought rather than a central crime that requires immediate and vigorous intervention.
- Citar trabajo
- Maribel Roman (Autor), 2003, Rape, the Least Condemned War Crime. Human Rights are not Women’s Rights, Múnich, GRIN Verlag, https://www.grin.com/document/461960
