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<nettime> re: query: rape as a war crime
nettime's_indigestive_system on Thu, 22 Apr 1999 08:11:44 +0200 (CEST)


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<nettime> re: query: rape as a war crime


re: query: rape as a war crime
          Lennart Huizing <Lennart.Huizing {AT} e-moti.nl>
          Kathleen A Young <young {AT} CC.WWU.EDU>
          "Sven-U. Burkhardt" <svenbud {AT} ZFN.UNI-BREMEN.DE>
          Nader Hashemi <hashemi {AT} SPRINT.CA>
          Ron Slye <slye {AT} seattleu.edu>

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From: Lennart Huizing <Lennart.Huizing {AT} e-moti.nl>
Subject: RE: <nettime> query: rape as a war crime
Date: Wed, 21 Apr 1999 14:12:27 +0200

Nicola,

In the Dutch newspaper De Volkskrant today I saw an article with a headline
that ran something like: 'Rape is sometimes genocide', that dealt with this
topic. I had no time to read it, unfortunately. However, the article was
most definitely about the International Tribunal.

A standard query through www.hotbot.com (keywords: rape war crime yugoslavia
tribunal, 680 matches) led me to
http://128.220.50.88/demo/hrq/17.4niarchos_outline.html, which offers a
scientific discourse on the status of rape for the International Tribunal.
The article is dated 1995, but should still offer some interesting
background material. Try the query in hotbot. More interesting things turned
up, including several pro-Serb sites.

Good luck,
Lennart

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Date: Wed, 21 Apr 1999 06:51:23 -0700
From: Kathleen A Young <young {AT} CC.WWU.EDU>
To: JUSTWATCH-L {AT} LISTSERV.ACSU.BUFFALO.EDU
Subject: Re: query: rape as a war crime

=================================

On Wed, 21 Apr 1999, someone wrote:

> >From the nettime list comes this query - I wonder if a knowledgeable
> JUSTWATCHer could write a short response for me to cross-post there.
> ---------- Forwarded message ----------
> Date: Tue, 20 Apr 1999 18:50:02 +1000
> To: nettime-l {AT} Desk.nl
> Subject: <nettime> query: rape as a war crime
>
> Can anyone clarify for me whether rape is considered to be a
> 'war crime' under the jurisdiction of the International
> Criminal Tribunal for the former Yugoslavia?

Yes,the tactical use of rape in warfare was made a war crime based on the
evidence from Bosnia and Croatia and the heroic women who came forwared
and testified. See the film "Calling the Ghosts." Read Barbara Allen's
"Rape Warfare."

One raped woman out of ten comes forward to report a rape, based on U.S.
statistics. For women who are still in danger, who have relatives in
danger, to speak about the unspeakable is remarkable.

> I understand there has been some debate around this, so if anyone can
> point me in the direction of such a discussion that would be great.

I can send more when I have my files with me, if you are interested. What
aspect of the debate interests you and why?

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Date: Wed, 21 Apr 1999 16:41:14 +0200
From: "Sven-U. Burkhardt" <svenbud {AT} ZFN.UNI-BREMEN.DE>
To: JUSTWATCH-L {AT} LISTSERV.ACSU.BUFFALO.EDU
Subject: Re: query: rape as a war crime

Dear Nicola,

rape is considered a war crime under the jurisdiction of the ICTY.
Judgements have so far been based upon Art. 3 ICTY-S (common article 3
of the Geneva Conventions) and article 2 ICTY-S.

A. Furundzija has been sentenced for rape (Art. 3): torture (count 13)
and outrages upon personal dignity including rape (count 14), Trial
Chamber II, Prosecutor v. A. Furundzija (IT-95-17/1-T), Judgement (10
December 1998); H. Delic has been sentenced for rape (Art. 3: torture
(counts 19, 22), the charges of cruel treatment (counts 20, 23) were
dismissed, because they were charged alternatively to the torture
charges (para. 943), additionally he was found guilty under Art. 2(b)
(torture) ICTY-S, Prosecutor v. Z. Delalic and others (Celebici Camp)
(IT-96-21-T), Judgement (16 November 1998);
for general discussion see e.g. Kelly Askin, War Crimes against Women,
Dordrecht (the Netherlands) 1997; Cleiren, Christine P.M./ Tijssen,
Melanie E.M. (1996), Rape and other Forms of Sexual Assault in the Armed
Conflict in the Former Yugoslavia: Legal, Procedural and Evidentiary
Issues, in: Clark, Roger S./ Sann, Madelaine (eds.), The Prosecution of
International Crimes, New Brunswick [USA] and London [UK] [Originally
published as Vol. 5, nos 2-3 (1994) of Criminal Law Forum: An
International Journal (New Jersey, USA)] , pp. 257-292; Bassiouni, M.
Cherif/ McCormick, Marcia, Sexual Violence: An Invisible Weapon of War
in the Former Yugoslavia, Chicago (1996).


Regards,

Sven Burkhardt


P.S.: Rape is a crime against humanity too (article 5(g) ICTY-S)

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Date: Wed, 21 Apr 1999 11:41:44 -0400
From: Nader Hashemi <hashemi {AT} SPRINT.CA>
To: JUSTWATCH-L {AT} LISTSERV.ACSU.BUFFALO.EDU
Subject: Re: query: rape as a war crime

Thomas,

The issue of rape as a war crime has been dealt with at the International
Criminal Tribunal.

See Marlise Simons, "For First Time, Court Defines Rape as War Crime," New
York Times, 28 June 1996.

Regards,

Nader

----------
> From: Thomas Keenan <tkeenan {AT} BINGHAMTON.EDU>
> To: JUSTWATCH-L {AT} LISTSERV.ACSU.BUFFALO.EDU
> Subject: query: rape as a war crime
> Date: April 21, 1999 9:32 AM
>
> >From the nettime list comes this query - I wonder if a knowledgeable
> JUSTWATCHer could write a short response for me to cross-post there.
>
> Thx, TK
>
> ---------- Forwarded message ----------
> Date: Tue, 20 Apr 1999 18:50:02 +1000
> From: Nicola Nixon <nicolajn {AT} cassius.its.unimelb.edu.au>
> To: nettime-l {AT} Desk.nl
> Subject: <nettime> query: rape as a war crime
>
> Can anyone clarify for me whether rape is considered to be a
> 'war crime' under the jurisdiction of the International
> Criminal Tribunal for the former Yugoslavia? I understand
> there has been some debate around this, so if anyone can
> point me in the direction of such a discussion that would be
> great.
>
> Thanks
>
> Nicola

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Date: Wed, 21 Apr 1999 10:44:18 -0700
From: Ron Slye <slye {AT} seattleu.edu>
To: Tom Keenan <tkeenan {AT} BINGHAMTON.EDU>
Subject: Rape as a War Crime

Tom,

On Rape as a war crime, here is a list of some recent articles in the
academic legal journals:

The American Journal International Law, July, 1993, 87 A.J.I.L. 424,
3392 words, COMMENT: RAPE AS A CRIME UNDER INTERNATIONAL HUMANITARIAN
LAW, Theodor Meron

The American University Law Review February, 1997, 46 Am. U.L. Rev. 793,
28991 words, ARTICLE: THE SHAME OF IT: GENDER-BASED TERRORISM IN THE
FORMER YUGOSLAVIA AND THE FAILURE OF INTERNATIONAL HUMAN RIGHTS LAW TO
COMPREHEND THE INJURIES, Amy E. Ray*

Brooklyn Law School Brooklyn Journal of International Law, 1995, 21
Brooklyn J. Int'l L. 327, 29083 words,  Prosecuting Rape Under the
Statute of the War Crimes Tribunal for the Former Yugoslavia,  By Sharon
A. Healey *

Notre Dame Law Review University of Notre Dame, 1995, 70  Notre Dame L.
Rev. 845, 21865 words, WINNER, 1994 NOTRE DAME LAW SCHOOL JURISPRUDENCE
ESSAY CONTEST: Prosecuting Rape as a War Crime: Speaking the
Unspeakable,  Tamara L. Tompkins*

St. John's University St. John's Journal of Legal Commentary, Spring,
1997, 12 St. John's J.L. Comm. 385, 14935 words, ARTICLE: CRIMINAL
SEXUAL CONDUCT AS A VIOLATION OF INTERNATIONAL HUMANITARIAN LAW, Joseph
L. Falvey, Jr.*


The Meron piece is one of the earliest of which I am aware which deals
with the issue specifically within the context of the former
Yugoslavia.  Other writers to look for who have written in the area are
Kelly Askin, and Catharine MacKinnon.  MacKinnon has a piece in the
Oxford Amnesty lectures, which are reproduced in the book, "On Human
Rights," edited by Stephen Shute and Susan Hurley (Basic Books, 1993).

Hope this is helpful,

Ron

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