Skip to main content Accessibility help
Hostname: page-component-544b6db54f-kbvt8 Total loading time: 0.257 Render date: 2021-10-19T18:12:21.773Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

1 - Gender and Violence in Focus: A Background for Gender Justice in Reparations

Published online by Cambridge University Press:  25 August 2009

Ruth Rubio-Marin
European University Institute, Florence
Get access


The ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC) have put sexual violence against women in contexts of conflict squarely on the map of international criminal law in the past decade. Acts of sexual violence can now be charged as genocide, crimes against humanity, war crimes, and grave breaches of humanitarian standards. The 1994 genocide in Rwanda produced significant coverage of mass rapes that accompanied mass killings. The 1998 Akayesu judgment of the ICTR made the historically unprecedented connection between rape and genocide, and the statute and indictments of the ICTR incorporate rape as a crime against humanity. Yet a 2004 Human Rights Watch report reveals that neither the ICTR, local courts, nor the recently launched traditional gacaca hearings are dealing adequately with sexual violence. The indictment and conviction of Bosnian Serb soldiers for sexual assaults and enslavement of women in Foca at the ICTY in 2001 was seen as a historic moment for the recognition of specifically sexual violence against women in the context of armed conflict. Even so, tribunal judges lamented the difficulty of getting sexual violence against women on the agenda, and into the indictments, of the tribunal. In other recent conflicts on the African continent, widespread abduction, rape, sexual enslavement, and captivity of young women has been publicized, but it is unclear how, whether, and where this violence will be addressed.

The Gender of Reparations
Unsettling Sexual Hierarchies while Redressing Human Rights Violations
, pp. 18 - 62
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)


Askin, Kelly D. and Koenig, Dorean M., eds., Women and International Human Rights Law (Ardsley, NY: Transnational, 1999)
We'll Kill You If You Cry: Sexual Violence in the Sierra Leone Conflict,” Human Rights Watch Report 15, no. 1 (January 2003): 59
Benito, Elizabether Odio, then justice of the ICTY, in Assault on the Soul: Women in the Former Yugoslavia, ed. Sharratt, Sara and Kaschak, Ellyn (Binghamton, NY: Haworth Press, 1999)Google Scholar
Goldblatt, Beth and Meintjes, Sheila, “South African Women Demand the Truth,” in What Women Do in Wartime: Gender and Conflict in Africa, ed. Turshen, Meredeth and Twagiramariya, Clotilde (New York and London: Zed Books, 1998), 65–66Google Scholar
Gardam, Judith and Charlesworth, Hilary, “Protection of Women in Armed Conflict,” Human Rights Quarterly 22 (2000): 148–149CrossRefGoogle Scholar
Gallagher, Anne, “Ending the Marginalization: Strategies for Incorporating Women into the United Nations Human Rights System,” Human Rights Quarterly 19 (1997): 317CrossRefGoogle Scholar
Henderson, Conway, “The Political Repression of Women,” Human Rights Quarterly 26 (2004)CrossRefGoogle Scholar
MacKinnon, Catharine A., Are Women Human? And Other International Dialogues (Cambridge, MA: Belknap Press of Harvard University Press, 2006)Google Scholar
,Recent sources include the National Research Council, Understanding Violence Against Women, ed. Crowell, Nancy A. and Burgess, Ann W. (Washington, DC: National Academy Press, 1996)CrossRefGoogle Scholar
Renzetti, Claire, Edleson, Jeffrey L., and Bergen, Raquel Kennedy, eds. The Sourcebook on Violence Against Women (Thousand Oaks, CA: Sage Publications, 2001)
Penn, Michael L. and Nardos, Rahel, Overcoming Violence Against Women and Girls: The International Campaign to Eradicate a Worldwide Problem (Lanham, MD: Rowman and Littlefield, 2003)Google Scholar
Meintjes, Sheila, Pillay, Anu, and Turshen, Meredeth, eds. The Aftermath: Women in Post-Conflict Transformation (London and New York: Zed Books, 2001)
Moser, Caroline O. N. and Clark, Fiona C., eds., Victims, Perpetrators or Actors? Gender, Armed Coflict and Political Violence (London: Zed Books, 2001)
Jacobs, Susie, Jacobson, Ruth, and Marchbank, Jennifer, eds., States of Conflict: Gender, Violence, and Resistance (London: Zed Books, 2000)
Giles, Wenona Mary and Hyndman, Jennifer, eds., Sites of Violence: Gender and Conflict Zones (Berkeley and Los Angeles: University of California Press, 2004)
Merry, Sally Engle, Human Rights and Gender Violence: Translating International Law into Local Justice (Chicago: University of Chicago Press, 2006)Google Scholar
Vlachovà, Marie and Biason, Lea, eds., Women in an Insecure World: Violence Against Women – Facts, Figures and Analysis. (Geneva: Geneva Centre for Democratic Control of the Armed Forces, 2005)CrossRef
Fausto-Sterling, Anne, Myths of Gender: Biological Theories about Women and Men, 2nd ed. (New York: Basic Books, 1993)Google Scholar
Bowker, Lee H., ed., Masculinities and Violence (Thousand Oaks, CA: Sage Publications, 1998)CrossRef
May, Larry, Masculinity and Morality (Ithaca, NY: Cornell University Press, 1997)Google Scholar
Brownmiller, Susan, Against Our Will: Men, Women, and Rape [New York: Ballantine Books, 1993]Google Scholar
Young, Iris Marion, Justice and the Politics of Difference (Princeton: Princeton University Press, 1990)Google Scholar
Walker, Margaret Urban, “Truth and Voice in Women's Rights,” in Recognition, Responsibility, and Rights: Feminist Ethics and Social Theory, ed. Nelson, Hilde L. and Fiore, Robin N. (Lanham, MD: Rowman and Littlefield, 2003)Google Scholar
Duggan, Colleen and Abusharaf, Adila, “Reparation of Sexual Violence and Democratic Transition: In Search of Gender Justice,” in The Handbook of Reparations, ed. Greiff, Pablo (New York: Oxford University Press, 2006)Google Scholar
Goldblatt, Beth, “Evaluating the Gender Content of Reparations: Lessons from South Africa,” in What Happened to the Women? Gender and Reparations for Human Rights Violations, ed. Rubio-Marín, Ruth (New York: Social Science Research Council, 2006), 56–57Google Scholar
Thomas, Dorothy Q. and Ralph, Regan E., “Rape in War: Challenging the Tradition of Impunity,” SAIS Review (1994): 82–99Google Scholar
Sivakumaran, Sandesh, “Male/Male Rape and the ‘Taint’ of Homosexuality,” Human Rights Quarterly 27 (2005): 1274–1306CrossRefGoogle Scholar
Peterson, V. Spike and Runyan, Anne Sisson, Global Gender Issues (Boulder, CO: Westview Press, 1993), 132–133Google Scholar
Enloe, Cynthia, Maneuvers: The International Politics of Militarizing Women's Lives (Berkeley and Los Angeles: University of California Press, 2000)Google Scholar
Glover, Jonathan, Humanity: A Moral History of the Twentieth Century (New Haven: Yale University Press, 2000), 52–57Google Scholar
,Human Rights Watch, “Argentina: Reluctant Partner: The Argentine Government's Failure to Back Trials of Human Rights Violators,” Human Rights Watch Report 13, no. 5 (December 2001)Google Scholar
,Human Rights Watch, “Struggling to Survive: Barriers to Justice for Rape Victims in Rwanda,” Human Rights Watch Report 16, no. 10 (September 2004): 11–12Google Scholar
Janoff-Bulman, Ronnie, Shattered Assumptions (New York: The Free Press, 1992), 79–80Google Scholar
Herman, Judith, Trauma and Recovery: The Aftermath of Violence – From Domestic Abuse to Political Terror (New York: Basic Books, 1997), 33Google Scholar
Brison, Susan, Aftermath (Princeton: Princeton University Press, 2002)Google Scholar
Scheff, Thomas J., Bloody Revenge: Emotions, Nationalism and War (Lincoln, NE:, Inc., 2000)Google Scholar
Danieli, Yael, “Introduction,” International Handbook of Multigenerational Legacies of Trauma (New York: Plenum Press, 1998), 7CrossRefGoogle Scholar
Walker, Margaret Urban, “‘The Cycle of Violence,’Journal of Human Rights 5 (2006): 81–105CrossRefGoogle Scholar
Laet, Debra L., “Gender Justice: A Gendered Assessment of Truth-Telling Mechanisms,” in Telling the Truths: Truth Telling and Peace Building in Post-Conflict Societies, ed. Borer, Tristan Anne (Notre Dame: University of Notre Dame Press, 2006)Google Scholar
Henson, Maria Rosa, Comfort Woman: A Filipina's Story of Prostitution and Slavery Under the Japanese Military (Lanham, MD: Rowman and Littlefield, 1999)Google Scholar
Altman, Lawrence K., “U.N. Official Assails South Africa on Its Response to AIDS,” The New York Times, August 19, 2006Google Scholar
Lyall, Sarah, “Aid Workers Are Said to Abuse Girls,” The New York Times, May 9, 2006Google Scholar
Haynes, Dina Francesca, “Used, Abused, Arrested and Deported: Extending Immigration Benefits to Protect Victims of Trafficking and to Secure Prosecution of Traffickers,” Human Rights Quarterly 26 (2004): 221–272CrossRefGoogle Scholar
Borer, Tristan Anne, “A Taxonomy of Victims and Perpetrators: Human Rights and Reconciliation in South Africa,” Human Rights Quarterly 25 (2003): 1088–1116CrossRefGoogle Scholar
Cited by

Send book to Kindle

To send this book to your Kindle, first ensure is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the or variations. ‘’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats