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Sara Sharratt - Gender, Shame and Sexual Violence: The Voices of Witnesses and Court Members at War Crimes Tribunals

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Book:
Gender, Shame and Sexual Violence: The Voices of Witnesses and Court Members at War Crimes Tribunals
Author:
Sara Sharratt
Publisher:
Routledge
Genre:
Books / Romance novel
Year:
2016
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Drawing on extensive interview material gathered amongst victims, witnesses, judges and NGOs, this book investigates the prosecution of rape and sexual violence in war crimes tribunals, with special attention to The International Court for the Former Yugoslavia (ICTY) and World Court in Sarajevo. It examines the testimonies of victims and witnesses and their reasons for testifying, their attitudes towards perpetrators, the consequences of testifying, their recommendations for other witnesses and conceptions of justice. In addition, it explores the attitudes of judges, prosecutors, psychologists and those in charge of protecting and offering services. Adopting a feminist approach, Gender, Shame and Sexual Violence challenges the assumption that the deterrent effect of making rape trials more visible would reduce the occurrence of sexual violence in conflict situations, contending instead that the manner in which cases are handled both increases the victims sense of shame and serves to propagate a representation of womens bodies that may actually serve to increase the use of sexual violence during war. A compelling analysis of the prosecution of rape as a war crime, this volume offers extensive new empirical material that will be of interest to scholars of sociology, gender studies, criminology, politics, international relations and law.

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GENDER, SHAME AND SEXUAL VIOLENCE

This book is a sobering reminder that even today our vision of a fair, just and gender equal society remains frustratingly elusive. The deafening silence of the victims serves as a clarion call for action. Their strength and courage is inspirational.

Lorena Aguilar, The International Union for Conservation of Nature, Costa Rica

This book is dedicated to Elena, my mother, who taught me the difference between courage and the moral imperative to act.

Gender, Shame and
Sexual Violence

The Voices of Witnesses and Court Members at War
Crimes Tribunals

SARA SHARRATT
Sonoma State University, USA
and the University for Peace, Costa Rica

First published 2011 by Ashgate Publishing

Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Sara Sharratt has asserted her right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

Sharratt, Sara.

Gender, shame and sexual violence : the voices of witnesses and court members at war crimes tribunals.

1. Trials (Rape) 2. Rape as a weapon of war. 3. War crime trials. 4. International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991.

I. Title

345.02532-dc22

Library of Congress Cataloging-in-Publication Data

Sharratt, Sara.

Gender, shame and sexual violence : the voices of witnesses and court members at war crimes tribunals / by Sara Sharratt.

p. cm.

Includes bibliographical references and index.

ISBN 978-1-4094-1999-0 (hbk) -- ISBN 978-1-3155-8415-7 (ebk)

1. Rape as a weapon of war--History. 2. War crimes--History. 3. War crimes trials--History. 4. International criminal courts-History. 5. Sex crimes-History. 6. Sexual abuse victims--History. 7. Comfort women--Legal status, laws, etc.--History. I. Title.

KZ7162.S53 2011
341.69--dc22

2011017211

ISBN 9781409419990 (hbk)
ISBN 9781315584157 (ebk)
ISBN 9781317129875 (ebk-ePUB)

Contents

List of Tables

Preface

Rape and sexual violence against women and girls during times of war is as ancient as history. For a long time, sexual violence was considered a more or less acceptable form of behavior within the rules of warfare. Raping women and girls was legitimate booty and the ultimate weapon for the subjugation of the opponent. The Dutch legal scholar Hugo Grotius (1583-1645) concluded that rape in wartime as in peace was a criminal act that should not go unpunished. It took until the end of the 20th century for the international community to explicitly recognize that systematic rape and sexual violence during war time is a crime against humanity and a war crime, prosecutable under international law. This is a historical paradigm shift and its symbolic meaning cannot be underestimated. Without denying that men and boys fall victims to sexual violence too, the criminalization of rape as a war crime is understood as the public recognition of the gendered nature of sexual victimization that affects women and girls disproportionately.

Sara Sharratts book illustrates how important yet fragile this achievement still is. Her study actually reveals how paradoxical the current situation is. The criminalization of sexual violence as a war crime under international law is a crucial step. It is in the implementation of the law where the complexities emerge. Based on a compilation of extensive data collection and interviews among victims, judges and court officials in all capacities, NGOs from both the ICTY Tribunal on the former Yugoslavia and the WCC Tribunal in Bosnia Herzegovina, this book presents unique insights in the complexities that arise when the law is called upon to respond. Faced with the well planned cruelties that many victims of sexual violence had to endure, it brings back the words of Hannah Arendt: some war violence explodes the law.

This study confirms what the past decades of research have revealed on the limits of law when handling sexual violence. Worldwide, it turns out to be still very hard for any national criminal legal system to realize victims rights in a way that is sensitive to the gendered nature of rape and to the victims needs, as long as the criminal legal system is focused on the foregrounding of prosecutorial interests. Ongoing high attrition rates worldwide in cases of sexual violence have illustrated how law systematically fails to successfully prosecute and convict perpetrators, and the cases that lead to convictions leave a majority of victims dissatisfied and sometimes even more pained than before. In their day-to-day functioning, most courts operate from an epistemological tradition where the objectivity and neutrality of the law are taken as unquestioned starting points. A gender sensitive perspective is by many legal professionals still considered as bias, if not prejudice, and not as a factual knowledge base which is indispensable to adequately collect and interpret legal information.

Against that backdrop, Sharratts work shows the emerging paradox of legal recognition of rape as a war crime: without adequate gender sensitive expertise that can inform the implementation of the law, international courts and tribunals are in a way bound to fail. They often fail to bring the perpetrators of sexual violence and rape to justice, and they fail the very victims of sexual violence to whom its laws are intended to bring justice. This work illuminates the gap between law on the books and law in practice. Court cases cannot put an end to impunity for rape in war time if perpetrators are prosecuted for all other crimes committed but not sexual violence. Attitudes towards rape in war often feed on the very same and deeply gendered rape myths as in peace time, inevitably holding the victim responsible too for her own ordeal. The net result is the social and cultural stereotyping, marginalization and silencing of rape victims, now in court. If we agree that rape can be a tool of war and a war crime, the legal structures we set up to address these crimes need to be equipped with the necessary expertise to address the challenges that prosecution brings about. Otherwise we run the risk that the law will silence the victims at the very moment it has opened up its doors.

This work illuminates where the international legal courts can go wrong but it also succinctly points to where improvements are possible. There is a long way to go. Critical analyses such as those presented in this book are crucial to the deepening of our understanding of how law in practice needs to go beyond legalistic concerns if we aim to bring justice to perpetrators

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