Ending Rape in War: How Far Have We Come?

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Lucy Fiske
Rita Shackel


The rape of women has for centuries been an endemic feature of war, yet perpetrators largely go unpunished. Women were sanctioned as the spoils of war in biblical times and more recently it has been claimed that it is more dangerous to be a woman than a soldier in modern conflict. Nevertheless, until the establishment of the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia – there was very little concern regarding the need to address the rape of women in conflict.

This paper briefly maps historical attitudes towards rape in war, outlines some analyses and explanations of why rape in war occurs and finally turns more substantively to recent efforts by the international community to prosecute rape as a war crime and a crime against humanity. We argue, that while commendable in some ways, contemporary approaches to rape in war risk reinforcing aspects of women’s status which contribute to the targeting of women for rape and continue to displace women from the centre to the margins in debates and practices surrounding rape in both war and peace time.  We conclude by arguing that criminal prosecutions alone are insufficient and that, if we are to end the rape of women and girls in war (and peace) we need a radical restructuring of gender relations across every sphere of social and political life.

Article Details

Articles (refereed)
Author Biographies

Lucy Fiske, University of Technology Sydney

Postdoctoral Research Fellow, Faculty of Arts and Social Sciences, University of Technology Sydney.

Rita Shackel, University of Sydney

Associate Professor, Sydney Law School, University of Sydney


Arakawa, M. (2013) ‘A New forum for Comfort Women: Fighting Japan in United States Federal Court’ 16 Berkeley Journal of Gender, Law & Justice 174.

Bartels, S. (2010) Now the World is Without Me. An Investigation of Sexual Violence in Eastern Democratic Republic of Congo. Harvard Humanitarian Initiative and Oxfam International, Boston. Available: http://www.oxfam.org/sites/www.oxfam.org/files/file_attachments/DRC-sexual-violence-2010-04_2.pdf Accessed 20 September 2014

Chaikel, D. (2011) ‘Does Gender Matter at the International Criminal Court?’ The Hague Justice Portal Available: http://www.haguejusticeportal.net/index.php?id=12400 Accessed 16 September 2014

Chesterman, S. (1997) ‘Never Again... and Again: Law, Order, and the Gender of War Crimes in Bosnia and Beyond’ Yale Journal of International Law 22, pp. 299 - 343

Eaton, S. (2004) ‘Sierra Leone: The Proving Ground for Prosecuting Rape as a War Crime’ Georgetown Journal of International Law, 35, pp. 873 – 919

El-Bushra, J. and Mukarubuga, C. (1995) ‘Women, War and Transition’ Gender and Development 3(3) pp. 16 - 22

Fleshman, M. (2005) ‘Tough UN line on peacekeeper abuses. Action initiated to end sexual misdeeds in peacekeeping missions’ Africa Renewal. (April 2005) Available: http://www.un.org/africarenewal/magazine/april-2005/tough-un-line-peacekeeper-abuses Accessed 28 August 2014

Grewal, K. (2010) ‘Rape in Conflict, Rape in Peace: Questioning the Revolutionary Potential of International Criminal Justice for Women’s Human Rights’ The Australian Feminist Law Journal 33, pp. 57 - 79

Lent Hirsch, M. and Wolfe, L. (2012) ‘Conflicts Profile: Democratic Republic of Congo’ Women Under Siege Project. Available http://www.womenundersiegeproject.org/conflicts/profile/democratic-republic-of-congo#reasons Accessed 19 September 2014

Loncar, M., Medved, V., Jovanovic, N. and Hotujac, L. (2006). ‘Psychological Consequences of Rape on Women in 1991-1995 War in Croatia and Bosnia and Herzegovina’ 47(1) Croatian Medical Journal 67.

Meger, S. (2010) Rape of the Congo: Understanding sexual violence in the conflict in the Democratic Republic of Congo, Journal of Contemporary African Studies, 28:2, pp. 119-135, DOI: 10.1080/02589001003736728

Mertus, J. (2004) ‘Shouting from the Bottom of the Well. The Impact of International Trials for Wartime Rape on Women's Agency’ International Feminist Journal of Politics, 6:1, 110-128

Mazurana, D, and Proctor, K, (2013) Gender, Conflict and Peace. An Occasional Paper. World Peace Foundation, Fletcher School, Tufts University, Boston

O’Connor, V. (2012) Prosecution of Rape as a War Crime International Network to Promote the Rule of Law (INPROL) July 2012 at http://www.inprol.org/publications/prosecution-of-rape-as-a-war-crime [accessed 16/09/2014]

Okello, M C, and Hovil, L, (2007), ‘Confronting the Reality of Gender-Based Violence in Northern Uganda’, International Journal of Transitional Justice, vol. 1 (3), pp. 433-443.

Palmieri, D., Branche, R., Horne, J., Lagrou, P., Virgili, F. and Delpla, I. (2012) ‘Writing the History of Rape in Wartime’ in Branche, R and Virgili, F. (ed.) Rape in Wartime Palgrave Macmillan, London

A Peterman, T Palermo and C Bredenkamp (2011) ‘Estimates and Determinants of Sexual Violence Against Women in The Democratic Republic of Congo’ American Journal of Public Health, 101(6), pp. 1060 -

Redress and African Rights (2008) Survivors and Post-Genocide Justice in Rwanda. Their experiences, perspectives and hopes. Redress and African Rights, London

Saigol, R. ‘Gendered Conflicts: A Feminist Perspective on Knowledge of Conflict’

Snyder, C., Gabbard, W., May, D. and Zulcic, N. (2006) ‘The Battleground of Women’s Bodies: Mass Rape in Bosnia-Herzegovinia’ Affilia vol.21, pp. 184 - 195

Turano, L. (2011) ‘The Gender Dimension of Transitional Justice Mechanisms’ 45 International Law and Politics 1045, 1047.

UN Special Rapporteur to the Commission on Human Rights, ‘Report on the Situation of Human Rights in Rwanda’ (E/CN.4/1996/68) at para 16 Available: http://www1.umn.edu/humanrts/commission/country52/68-rwa.htm Accessed 16 September 2014

Williams, K (2014) ‘Conflicts Profile: Nanking’ Women Under Siege Project. Available http://www.womenundersiegeproject.org/conflicts/profile/nanking
Accessed 21 September 2014

Wippman, D (2006) ‘The costs of international justice’ The American Journal of International Law 100(4), pp. 861 - 881

Yuval‐Davis, N. (1993) Gender and nation, Ethnic and Racial Studies, 16:4, 621-632