Social and Behavioral Sciences Commons^™

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 …

Ukrainian Women: Victims Of Putin's War And Sex Industry Predators, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

In The Shadow Of The Carceral State: The Evolution Of Feminist And Institutional Activism Against Sexual Violence, Bethany Munyeen Gen

Honors Papers

This paper aims to trace the development of carceral feminist politics within United States institutions and feminist movements. I first define and describe Modern Carceral Feminism. I then argue that the development of Modern Carceral Feminism hinged on two different political moments: the development of a homogenous understanding of women’s oppression in the second wave feminist movement, and the rising political salience of racialized crime leading to punitive policies nationwide in the mid-to-late 1970s and 1980s. As a result, carceral feminist logics became pervasive within institutional and feminist activism against sexual violence. By the 1980s, reactionary feminist anti-violence movements, like …

Backlogged Or Logjammed? An Analysis Of The Patterns That Surround The Rape Kit Backlog Across Jurisdictions, Elizabeth Dowd

Political Science Undergraduate Honors Theses

Untested rape kits sit in crime labs, hospitals, evidence lockers, or storage facilities untouched. In the worst-case scenarios, rape kits have been thrown out of police storage before the statute of limitations had expired. A major public policy problem is developing as these kits stack up and create a backlog. The primary problem with the rape kit backlog is that all victims are not receiving justice. To solve the problem, the backlog of rape kits needs further exploration and analysis. If a pattern can be established about why the problem is occurring, then policies can be constructed and implemented to …

The Role Of Women In Terrorism, Zeynep Bayar

Dissertations, Theses, and Capstone Projects

The main purpose of this paper is to understand what motivate women to join terrorist groups and why these organizations prefer to work with female terrorists. Although each woman has different reasons to involve in terrorist groups, this research demonstrates 'religious, political and personal' reasons as the major motivating factors. This study also focuses on the question of why women are the targets of terror recruiters. In order to answer these, the research analysis examines 'psychological, gender, and media' factors as major recruitment reasons of terrorist organizations. This study also analyzes the similarities and differences between female terrorists' profiles of …

Modina, Modina, Tsos

TSOS Interview Gallery

Modina fled Myanmar after experiencing and witnessing extreme violence, including the destruction of her village and the violent murder of her uncle by soldiers. She arrived in Bangladesh by boat after paying smugglers a large sum.

Asma, Asma, Tsos

TSOS Interview Gallery

Asma is a teenager who fled from Myanmar after the army killed her uncle and her village was destroyed. She is now living in Cox’s Bazaar, married, pregnant, and trying to cope in a world where violence and rape are all too common.

Nidar, Nidar, Tsos

TSOS Interview Gallery

Nidar has been in Cox’s Bazaar for 8 months and works in Hope Hospital (the camp hospital) as a traditional birth attendant. In addition, she makes house calls to pregnant women throughout the camp who are fearful of hospitals due to past trauma and sexual torture. Nidar has two children and a husband who fell victim to war.

Shamshur, Shamshur, Tsos

TSOS Interview Gallery

Shamshur has been in Cox’s Bazaar for 8 months and works in Hope Hospital (the camp hospital) as a traditional birth attendant. In addition, she makes house calls to pregnant women throughout the camp who are fearful of hospitals due to past trauma and sexual torture. Shamshur has nine children and a husband who is in prison.

Januka, Januka, Tsos

TSOS Interview Gallery

After being raped by a soldier in Myanmar, Januka fled to Bangladesh with her father and later found out she was pregnant. She fears no one will want to marry her because she has been raped.

Rohima, Rohima, Tsos

TSOS Interview Gallery

Rohima was brutally raped and tortured by soldiers during an attack. After witnessing other women receive the same treatment, she fled Myanmar for Cox’s Bazar, Bangladesh. Once there, she got married while pregnant as a result of the rape.

Shobika, Shobika, Tsos

TSOS Interview Gallery

Shobika escaped Myanmar amid widespread chaos. After being separated from her husband and experiencing the kidnap of her two children, she was raped by soldiers and became pregnant. Her husband now rejects this child.

India Has A Sexual Assault Problem That Only Women Can Fix, Nisha Bellinger

Political Science Faculty Publications and Presentations

India is the most dangerous country for sexual violence against women, according to the Thomson Reuters Foundation 2018 survey.

Momo, Momo, Tsos

TSOS Interview Gallery

When Momo was only nine years old, he returned home to find his parents and his six sisters and four brothers had been killed in their own home. Sometime after that, he and his uncle left Somalia together to live in Yemen. He stayed in Yemen until he was sixteen, but when things became unsafe there, he moved to Libya. He had hoped to get on a boat in Libya to go somewhere for a new life, but he was thrown in prison instead. He was harassed and told to ask his family to send money so that he could …

Power, Responsibility, And Sexually Violent War Tactics: A Theoretical And Empirical Analysis Of Rape During Civil War, Jennifer L. Clemens

Theses and Dissertations

Broadly, this dissertation asks, why rape? In address, this research posits a leadership preference-based strategic theory of rape during war; marking the first large-N, quantitative exploration of leadership preferences on the use of rape in civil war. Using an original dataset, preferences of armed group leaders are evaluated against the level of rape across all civil conflicts between 1980 - 2009. The results highlight three critical findings. First, evidence suggests that rape is distinctive from other human rights violations and is permitted or controlled differently than are more common forms of extra-combat violence (i.e., torture, extra-judicial killings, disappearances). This work …

Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.

Donna M. Hughes

Samadi & Sabroo, Samadi, Sabroo, Tsos

TSOS Interview Gallery

Samadi was a member of the Kurdistan Freedom Party. He joined at the age of 17 andhas been a member for 22 years. This party sought an independent Kurdistan andfought with the invader countries. Samadi lived at the Oinofyat Refugee Camp inGreece at the time of this interview. His daughter was killed by ISIS in 2014 whiledefending Kurdistan. After her death, his family was threatened by the Salafi group.They left to save their lives. Samedi says that the Salafi group rapes and kills children in the name of religion. He says he is a fighter and he is not afraid …

Walid & Rahima, Walid, Rahima, Tsos

TSOS Interview Gallery

Walid worked as a police officer inBaghlan County,Afghanistan, where hedid many operations with NATO and US forces. Walid was responsible for recordingoperations and distributing copies to the media. Being part of the operations was dangerous, and Walid lost many of his friendsto the Taliban.Theyevenskinned afriend for cooperating with the government. The violenceled him to say, “The terrorists have no religion.” The Taliban began entering homes and killing government officials,and paid assassinations happened in public. Walidknew he was in danger.After losing a dear friend, Walid knew then that he had lost all he was willing to lose.He fled to Pakistan where …

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Understanding The Intersectionalities Of Sexual Violence Reporting: A Comparative Analysis Of Police Capacity, Sexual Violence, And Alternative Reporting Methods In The Eastern And Northern Capes Of South Africa, Claire Huber

Politics & Government Undergraduate Theses

Why is sexual violence more pervasive in the Eastern Cape Province of South Africa than in the Northern Cape Province? Most research surrounding sexual violence in South Africa attempts to answer why rape happens, but doesn’t attempt to understand why individuals choose to report sexual violence crimes to police. This paper looks at three variables—chieftaincy and regional identity, physical space, and medical clinics—to explain why people do or do not turn towards the police to report rape. The tradition of chieftaincy in the Eastern Cape was constitutionalized with the rise of the African National Congress. Customary law is still used …

Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia

Honors Scholar Theses

In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …

The Death Penalty’S “Finely Tuned Depravity Calibrators” Fairness Follies Of Fairness Phonies Fixated On Criminals Instead Of Crimes, Lester Jackson

LESTER JACKSON

It has been loudly and repeatedly proclaimed by opponents that capital punishment is “unfair.” In their view, it is unfair because (1) only some murderers receive the ultimate sentence and (2) they are not the most deserving. Underlying this view is the remarkable assumption that fairness is subject to “fine tuning” and “moral accuracy.” It is argued here that this assumption is indefensible both in theory and in practice. As a theoretical matter, it is insupportable to suggest that matters of conscience, right and wrong, are subject to calibration or “accuracy.” Right and wrong are not determined in the same …

All Is Fair In War---Violent Conflict And The Securitization Of Rape, Sabine Hirschauer

Graduate Program in International Studies Theses & Dissertations

Systematic mass rape during conflict has for centuries met with global ignorance and political complacency despite its atrocious character. The conflicts in Bosnia and Rwanda in the 1990s altered the silence surrounding this long tolerated, dark underbelly of war. Applying Barry Buzan's and Ole Waever'sSecuritization Theory to the cases of Bosnia and Rwanda, this dissertation finds that rape during both wars was successfully securitized. Securitization Theory as a model and indicator of an effective shifting of rape from an apolitical or political perspective into the security realm was appropriate. Bosnia initiated the first convictions of rape as a …

When "Boys Will Not Be Boys": Variations Of Wartime Sexual Violence By Armed Opposition Groups In Sri Lanka, Sierra Leone, And Nepal, Matthew Bolyn Conaway

Browse all Theses and Dissertations

Wartime sexual violence is often assumed to be inevitable during conflict yet empirical evidence indicates that sexual violence varies in type and frequency within and across conflicts as well as among armed groups. A solid understanding of what variable(s) and causal pathway(s) permit the variation of systematic sexual violence in intrastate conflict situations by specific groups has yet to be developed. What factors explain the variation of sexual violence by certain armed opposition groups during conflict situations? This comparative study employs process-tracing and the congruence method to consider the utility of hypotheses drawn from the work of Elisabeth J. Wood …

From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde

Faculty Publications

At the turn of the 20^th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …

What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill

Women’s Studies, Feminist Zine Archive

Writings and art about self-care, the judicial system, Adrienne Rich, the portrayal of women in advertising, Andrea Dowrkin, sex roles and pornography, rape culture, Rita Gross, human trafficking, welfare, contraception, Margaret Sanger, The Vagina Monologues, Guerilla Girls, feminism and religion, Sandra Harding, tenure at Chapman based on gender, and Delores Huerta.

The Limits Of International Humanitarian Law, Melissa Eli

Human Rights & Human Welfare

The goal of international humanitarian law is to humanize war in an effort to minimize human suffering and the long-term negative consequences of war. However, despite the adoption by most countries of the Geneva Conventions and other relevant agreements, crimes of war occur in every conflict around the world on a regular basis. Additionally, as the form of warfare changes, so does the implementation and consequences of various war crimes. Genocide, systematic rape, and the use of child soldiers are three of the most significant war crimes facing sub-Saharan Africa today. Each has consequences so severe that specific international laws …

Germany, Afterwards, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

A review of:

Race after Hitler: Black Occupation Children in Postwar Germany and America. By Heide Fehrenbach. Princeton: Princeton University Press, 2005.

and

The Holocaust and Catholic Conscience: Cardinal Aloisius Muench and the Guilt Question in Germany. By Suzanne Brown-Fleming. Notre Dame, Indiana: University of Notre Dame Press, 2006.

and

A Woman in Berlin. By Anonymous. New York: Henry Holt, 2000.

and

Johanna Krause, Twice Persecuted: Surviving in Nazi Germany and Communist East Germany. By Carolyn Gammon and Christiane Hemker. Waterloo, Canada: Wilfrid Laurier University Press, 2007.

Engendering Accountability: Gender Crimes Under International Criminal Law, Richard J. Goldstone, Estelle A. Dehon

New England Journal of Public Policy

Gender crimes, such as rape, sexual assault, sexual slavery, and forced prostitution, have always been perpetrated during war, yet the laws of war have been slow to acknowledge these crimes and to bring their perpetrators to justice. This article examines the response of the International Criminal Tribunals for the Former Yugoslavia and Rwanda to this lacuna in international law, and analyzes the mainly positive developments they have made in this area in relation to the definition of rape and to the prosecution of gender crimes as crimes against humanity, war crimes, grave breaches of the Geneva Conventions, and genocide. It …

Remembering, Forgetting And Historical Injustice, Robert Cribb, Kenneth Christie

Robert Cribb

No abstract provided.