Abstract

Despite its commonality rape in war has long been an invisible war crime. Gender-based violence has escaped sanction because it has been shielded into the private sphere. Although rape in war is a form of public violence committed by soldiers representing a state it continues to be conceived as a private crime, committed by individual men. If women's human rights are to be respected in war and in peace the imaginary border between the public and the private has to be abandoned. In this article rape in war is studied as a case of injustice for women in violent conflict. Arguments against feminist versions of ethics of care are formulated as these theories fail to challenge the public/ private distinction due to deep and constitutive gender norms. As an alternative, a narrative, feminist ethic of justice is presented based on women's narratives of experienced injustice in war. The theoretical model is developed through the integration of values derived from the ethics of care and thereby dismisses the distinction between public and private and between reason and emotion. The conclusion is that both substance and form of human rights must be based in concrete, situated gendered people's experiences of getting their human rights violated.