The Complicity and Limits of International Law in Armed Conflict Rape

51 Pages Posted: 31 Oct 2010

See all articles by John D. Haskell

John D. Haskell

University of Manchester School of Law

Date Written: March 1, 2009

Abstract

The inauguration of the International Criminal Court and the proliferation of criminal tribunals over the last twenty years are often presented as historic and progressive moments in teh trajectory of international law's response to victims of rape in armed conflicts. However, these moments may signal not only inclusion, but also repression. They signal not just progress, but also a renewed rhetorical and institutional legitimatization of colonialism. Historicizing the advent of the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Court, this Article examines some ways that international law obfuscates its complicity in armed conflict rape, looking particularly at calls within the profession for greater efficiency, nation state security, and reparations for victims. In doing so, this Article grapples with questions concerning the limits and alternatives to our current legal imagination towards rape in armed conflict.

Keywords: ICC, ICTY, ICTR, Rape, Armed Conflict, Human Rights, Colonialism, International Law, Rome Statute

Suggested Citation

Haskell, John D., The Complicity and Limits of International Law in Armed Conflict Rape (March 1, 2009). Boston College Third World Law Journal, Vol. 29, No. 1, p. 35, Winter 2009, Available at SSRN: https://ssrn.com/abstract=1700344

John D. Haskell (Contact Author)

University of Manchester School of Law ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

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