DUKE LAW JOURNAL

This article provides a theoretical approach to move beyond the sameness/difference debate that plagues human rights discourse. The author begins by describing and critiquing both the sameness and the difference approaches because they veil the structural disadvantages of "outsiders," and thus reinforce the status quo.

This article addresses the allegations of widespread forced impregnation in the conflict in the former Yugoslavia. Part I asserts that forced impregnation is a crime that falls under international humanitarian law as a war crime and a crime against humanity, discussing how war crimes and crimes against humanity differ from the crime of genocide. Part II addresses the evidence of widespread rape in the former Yugoslavia and how the nature of those acts indicates a policy of forced impregnation.