One of the most significant shifts in current thinking on war and gender is the recognition that rape in wartime is not a simple by-product of war, but often a planned and targeted policy. For many feminists ‘rape as a weapon of war’ provides a way to articulate the systematic, pervasive, and orchestrated nature of wartime sexual violence that marks it as integral rather than incidental to war. This recognition of rape as a weapon of war has taken on legal (...) significance at the Rwandan and Yugoslav Tribunals where rape has been prosecuted as a crime against humanity and genocide. In this paper, I examine how the Rwanda Tribunal’s record of judgments conceives of rape enacted as an instrument of the genocide. I consider in particular how the Tribunal’s conception of ‘rape as a weapon of war’ shapes what can be known about sexual violence and gender in the Rwandan genocide and what cannot, the categories of victims legally recognised and those that are not, and the questions pursued, and those foreclosed, about the patterns of violence before and during the genocide. (shrink)

The Yugoslav war crimes tribunal convictedthree men for their role in the mass rape ofMuslim women during the conflict inBosnia-Hercegovina. That decision is a landmarkin many respects, but primarily for itsdetermination that the rape of Muslim womenamounted to a crime against humanity. Thiscomment provides an overview of the decision,exploring the significance of recognising rapeas a crime against humanity within the contextof other developments in the area of wartimerape and sexual violence. The comment alsoprovides a brief review of the decision inlight (...) of the author's previous scepticism aboutthe capacity for the Tribunal meaningfully toaddress violence against women. The commentconcludes that while many aspects of thedecision are promising, the war crimes trialitself may offer a limiting arena within whichto address wartime rape. (shrink)