War and rape : law, memory, and justice / Nicola Henry.
2011
K5304.5 .H46 2011 (Map It)
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Details
Author
Title
War and rape : law, memory, and justice / Nicola Henry.
Published
Abingdon, Oxon ; New York : Routledge, 2011.
Call Number
K5304.5 .H46 2011
ISBN
9780415564724 (hbk.)
0415564727 (hbk.)
9780415564731 (pbk.)
0415564735 (pbk.)
9780203836194 (ebk.)
0203836197 (ebk.)
0415564727 (hbk.)
9780415564731 (pbk.)
0415564735 (pbk.)
9780203836194 (ebk.)
0203836197 (ebk.)
Description
xii, 169 pages ; 24 cm.
System Control No.
(OCoLC)495781670
Summary
Wartime rape has been virulent in wars of sovereignty, territory, conquest, religion, ideology and liberation, yet attention to this crime has been sporadic throughout history. Rape remains 'unspeakable', particularly within law. Moreover, rape has not featured prominently in post-conflict collective memory. And even when rape is 'remembered', it is often the subject of political controversy and heated debate. In this book, Henry asks some critical questions about the relationship between mass rape, politics and law. In what ways does law contribute to the collective memory of wartime rape? How do 'counter-memories' of victims compete with the denialism of wartime rape? The text specifically analyses the historical silencing of rape throughout international legal history and the potential of law to restore these silenced histories, it also examines the violence of law and the obstacles to individual and collective redemption. Tracing the prosecution of rape crimes within contemporary courts, Henry seeks to argue that politics underscores the way rape is dealt with by the international community in the aftermath of armed conflict. Providing a comprehensive overview of the politics of wartime rape and the politics of prosecuting such crimes within international humanitarian law, this text will be of great interest to scholars of gender and security, war crimes and law and society.
Bibliography, etc. Note
Includes bibliographical references (pages [144]-162) and index.
Record Appears in
Gift
In Memory of Walter Shepard
Gift

The Arthur W. Diamond Law Library
In Memory of Walter Shepard
Table of Contents
Acknowledgments
xi
1.
Introduction: how the past is made to matter
1
2.
Traces of truth: collective memory and the law
10
The problematic of memory
13
The fragility of memory
13
Collective memory
14
Gender and memory
19
Collective memory and the law
21
3.
A history of silence: the Nuremberg and Tokyo trials
28
Silence at Nuremberg
29
The Tokyo trial: the Rape of Nanking and the `comfort women'
36
The silent witness
39
The victors
40
Whose justice?
47
Unspeakability
49
History under siege
52
The rape wars
53
4.
Casualties of law: wartime rape and war crimes courts
61
Victims' justice: wartime rape and the rise of the counter-memory
62
The International Criminal Tribunal for the Former Yugoslavia
64
The first trial: Tadic
66
A crime of torture: Celebici
72
A crime against humanity: Foca
80
The International Criminal Tribunal for Rwanda
90
Genocidal rape: Akayesu
92
Beyond the International Criminal Court
97
5.
Trials and trauma: the impossibility of bearing witness
100
Trauma trajectories
101
Articulating trauma
107
Legal conceptions of trauma
109
The impossibility of memory: Furundzija
109
6.
Wartime rape and the legacy of law
117
The legacy of law
118
The limitations of law
123
The violence of law
125
Notes
131
References
144
Index
163