From Tolerance to Tactic: Understanding Rape in Armed Conflict as Genocide

44 Pages Posted: 23 Feb 2017

See all articles by Courtney McCausland

Courtney McCausland

Michigan State University, College of Law, Students

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Date Written: February 21, 2017

Abstract

It is my contention that rape should be firmly situated within the understanding of genocide, for both conceptual and practical reasons. By examining rape in historical conflicts I will demonstrate the increasing pervasiveness of rape as a weapon of war, thereby underscoring its increasing relevance for both academic and legal consideration. Next, by examining modern ongoing conflicts, I will elucidate the context in which rape continues to be used as a tactic not only of war, but, indeed, of genocide. I will then discuss the existing sources of international law that support this understanding and, finally, I will explore the implications of understanding rape as genocide under each of the enumerated sub-elements of genocide.

Keywords: Sexual Violence, Genocide, Armed Conflicts, International Law, Conflicts, Rape,

Suggested Citation

McCausland, Courtney, From Tolerance to Tactic: Understanding Rape in Armed Conflict as Genocide (February 21, 2017). Michigan State University College of Law International Law Review, Vol. 25, p. 149, 2017. Available at SSRN: https://ssrn.com/abstract=2921186

Courtney McCausland (Contact Author)

Michigan State University, College of Law, Students ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

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