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Prosecuting Rape As Genocide: An Analysis Of The Legal Framework And Challenges In International Law, Anya Syed
Prosecuting Rape As Genocide: An Analysis Of The Legal Framework And Challenges In International Law, Anya Syed
CMC Senior Theses
Rape can be used to annihilate, control, and humiliate populations. Mass rape can have genocidal intent. Yet, thus far, the legal definition of genocide has failed to codify rape. These severe limitations in the definition of genocide create legal impunity and impede the rehabilitation of rape survivors. This failure also results in legal challenges, including the lack of basis to distinguish between rape during war and genocide. This paper seeks to provide readers with sufficient background to understand the legal challenges currently preventing the prosecution of rape as genocide. After presenting this information, the paper details past courts that have …
Rape And Sexual Violence Used As A Weapon Of War And Genocide, Larissa Peltola
Rape And Sexual Violence Used As A Weapon Of War And Genocide, Larissa Peltola
CMC Senior Theses
Rape and other forms of sexual violence have been used against civilian populations since the advent of armed conflict. However, recent scholarship within the last few decades proves that rape is not a byproduct of war or a result of transgressions by a few “bad apples,” rather, rape and sexual violence are used as strategic, systematic, and calculated tools of war, ethnic cleansing, and genocide. Rape has also been used as a means of preventing future generations of children of “undesirable” groups from being born. Rape and sexual violence are also used with the purpose of intimidating women and their …