Surfacing Gender: Re-engraving Crimes Against Women in Humanitarian Law

This article examines the evolving legal status of rape and other forms of sexual violence such as forced prostitution and forced pregnancy in war. Part I addresses whether these gender crimes are fully recognized as war crimes under the Geneva Conventions, the cornerstone of what is called "humanitarian law" or the law governing the laws of war. This process requires an examination of whether rape is viewed as a grave breach of the Geneva Conventions and, whether within that framework, it is treated as a form of torture. Part II explores whether the customary international legal concept "crimes against humanity" does or should distinguish between "genocidal rape" and mass rape for other purposes. The conclusion suggests some connections between the recognition of rape in war and rape in peace time. [Descriptors: Armed Conflict, International]