The Shame of It: Gender-Based Terrorism in the Former Yugoslavia and the Failure of International Human Rights Law to Comprehend the Injuries

The author of this article argues that the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) is limited by the fact that international law fails to fully comprehend the gender-specific nature of rape, thus preserving the patriarchal structure of international law. Beyond rape, the author catalogues many other gender-based crimes including prostitution, forced pregnancy, as well as spousal and familial abuse that took place before, during and after the war. The author argues that the historically subordinate position of Balkan women ensured that "sexual terrorism" was an effective strategy of war and continues to terrorize its survivors. She concludes that we must acknowledge that women are sexually terrorized each day in every country of the world and that only by holding individuals and states responsible can international human rights law comprehend the injuries inflicted upon women and protect them. [Descriptors: Armed Conflict, International]