Nicola Henry - War and Rape: Law, Memory and Justice
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Wartime rape has been virulent in wars of sovereignty, territory, conquest, religion, ideology and liberation, yet attention to this crime has been sporadic throughout history. Rape remains unspeakable, particularly within law. Moreover, rape has not featured prominently in post-conflict collective memory. And even when rape is remembered, it is often the subject of political controversy and heated debate.In this book, Henry asks some critical questions about the relationship between mass rape, politics and law. In what ways does law contribute to the collective memory of wartime rape? How do counter-memories of victims compete with the denialism of wartime rape? The text specifically analyses the historical silencing of rape throughout international legal history and the potential of law to restore these silenced histories, it also examines the violence of law and the obstacles to individual and collective redemption. Tracing the prosecution of rape crimes within contemporary courts, Henry seeks to argue that politics underscores the way rape is dealt with by the international community in the aftermath of armed conflict.Providing a comprehensive overview of the politics of wartime rape and the politics of prosecuting such crimes within international humanitarian law, this text will be of great interest to scholars of gender and security, war crimes and law and society.
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Mark Cowling
Lynda Lytle Holmstrom
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War and Rape
Wartime rape has been virulent in wars of sovereignty, territory, conquest, religion, ideology and liberation, yet attention to this crime has been sporadic throughout history. Rape remains unspeakable, particularly within law. Rape has not featured prominently in post-conflict collective memory, and even when rape is remembered, it is often the subject of political controversy and heated debate.
In this book, Henry asks some critical questions about the relationship between mass rape, politics and law. In what ways does law contribute to the collective memory of wartime rape? How do counter-memories of victims compete with the denialism of wartime rape? The text specifically analyzes the historical silencing The text specifically analyzes the historical silencing of rape throughout international legal history and the potential of law to restore these silenced histories; it also examines the violence of law and the obstacles to individual and collective redemption. Tracing the prosecution of rape crimes within contemporary courts, Henry seeks to argue that politics underscores the way rape is dealt with by the international community in the aftermath of armed conflict.
Providing a comprehensive overview of the politics of wartime rape and the politics of prosecuting such crimes within international humanitarian law, this text will be of great interest to scholars of gender and security, war crimes and law and society.
Nicola Henry is a lecturer in the School of Social Sciences at La Trobe University in Melbourne. Her central research interest is the relationship between politics and law and how this can be understood in relation to violence against women, trauma, collective memory and human rights.
Interventions
Edited by: Jenny Edkins,
Aberystwyth University
and Nick Vaughan-Williams,
University of Warwick
Aberystwyth University
and Nick Vaughan-Williams,
University of Warwick
As Michel Foucault has famously stated, knowledge is not made for understanding; it is made for cutting. In this spirit The Edkins Vaughan-Williams Interventions series solicits cutting edge, critical works that challenge mainstream understandings in international relations. It is the best place to contribute post disciplinary works that think rather than merely recognize and affirm the world recycled in IRs traditional geopolitical imaginary.
Michael J. Shapiro, University of Hawaii at Manoa, USA.
The series aims to advance understanding of the key areas in which scholars working within broad critical post-structural and post-colonial traditions have chosen to make their interventions, and to present innovative analyzes of important topics.
Titles in the series engage with critical thinkers in philosophy, sociology, politics and other disciplines and provide situated historical, empirical and textual studies in international politics.
- Critical Theorists and International Relations
Edited by Jenny Edkins and Nick Vaughan-Williams - Universality, Ethics and International Relations
A grammatical reading
V
ronique Pin-Fat - The Time of the City
Politics, philosophy, and genre
Michael J. Shapiro - The Time of the City
Politics, philosophy, and genre
Michael J. Shapiro - Governing Sustainable Development
Partnership, protest and power at the world summit
Carl Death - Insuring Security: Biopolitics, Security and Risk
Luis Lobo-Guerrero - Foucault and International Relations
New critical engagements
Edited by Nicholas J. Kiersey and Doug Stokes - International Relations and Non-Western Thought
Imperialism, colonialism and investigations of global modernity
Edited by Robbie Shilliam - Autobiographical International Relations
I, IR
Edited by Naeem Inayatullah - War and Rape
Law, memory and justice
Nicola Henry
War and Rape
Law, memory and justice
Edited By Nicola Henry
First published 2011
Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2011 Nicola Henry
Typeset in Times New Roman by Glyph International Ltd
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 rmission in writingfrom the publishers.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Henry, Nicola.
War and rape: law, memory, and justice / Nicola Henry.
p. cm. - (Interventions)
Includes bibliographical references and index. 1. Rape as a weapon of war.
I. Title.
K5304.5.H46 2010
345.02532-dc22 2010022753
Henry, Nicola.
War and rape: law, memory, and justice / Nicola Henry.
p. cm. - (Interventions)
Includes bibliographical references and index. 1. Rape as a weapon of war.
I. Title.
K5304.5.H46 2010
345.02532-dc22 2010022753
ISBN 13: 978-0-415-56472-4 (hbk)
ISBN 13: 978-0-415-56473-1 (pbk)
ISBN 13: 978-0-203-83619-4 (ebk)
ISBN 13: 978-0-415-56473-1 (pbk)
ISBN 13: 978-0-203-83619-4 (ebk)
...the perfect crime' does not consist in killing the victim or the witnesses... but rather in obtaining the silence of the witnesses, the deafness of the judges, and the inconsistency (insanity) of the testimony.
(Lyotard 1988: 8)
...few legal issues have been the focus of such intense political, social, and scholarly debate as the crime of rape. and the inconsistency (insanity) of the testimony.
(Conley and OBarr 1998: 15)
Contents
Acknowledgments
My deep gratitude extends to many kind people who supported me throughout the writing of this book. I am very grateful to the Institute for Human Security at La Trobe University for the Teaching Relief Fellowship, which enabled me to get writing done during teaching-intensive time. Thanks also to the Faculty of Humanities and Social Sciences at La Trobe University for a generous early career research grant that facilitated research assistance and a trip to Europe. Thank you to Emma Colvin for your excellent research assistance.
I am grateful to Simon Clews and the University of Melbourne Writing Centre, and my mentor Martin Krygier, for helping me to get started on this book back in 2006. Thanks to Jennifer Balint and Fiona Haines for earlier support and inspiration. And thanks to the friendly people at the International Criminal Tribunal for the Former Yugoslavia and various womens NGOs when I visited Europe some years ago: Michelle Jarvis, Wendy Lobwein, Monika Naslund, Patricia Viseur-Sellers, Florence Mumba, Judith Armatta, Beate Ziegler, Gabi Mischowski, Monika Hauser, Karin Griese, Marcia Jacobs, Ajli Bajramovic, Mirha Pojskic and Nurka Babovic. A very special thanks to Jan Ruff-OHerne for her grace and generosity. And to Craig Fowlie, Nicola Parkin, Emma Hart and Mary Dalton from Routledge, I am grateful to your guidance throughout the publication process.
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