Sex and International Tribunals
Sex and International Tribunals: The Erasure of Gender from the War Narrative
Chiseche Salome Mibenge
Series: Pennsylvania Studies in Human Rights
Copyright Date: 2013
Published by: University of Pennsylvania Press
Pages: 256
https://www.jstor.org/stable/j.ctt3fj2p2
Search for reviews of this book
Book Info
Sex and International Tribunals
Book Description:

Before the twenty-first century, there was little legal precedent for the prosecution of sexual violence as a war crime. Now, international tribunals have the potential to help make sense of political violence against both men and women; they have the power to uphold victims' claims and to convict the leaders and choreographers of systematic atrocity. However, by privileging certain accounts of violence over others, tribunals more often confirm outmoded gender norms, consigning women to permanent rape victim status. In Sex and International Tribunals, Chiseche Salome Mibenge identifies the cultural assumptions behind the legal profession's claims to impartiality and universality. Focusing on the postwar tribunals in Rwanda and Sierra Leone, Mibenge mines the transcripts of local and supranational criminal trials and truth and reconciliation commissions in order to identify and closely examine legal definitions of forced marriage, sexual enslavement, and the conscription of children that overlook the gendered experiences of armed conflict beyond the mass rape of women and girls. In many cases, a single rape conviction constitutes sufficient proof that gender-based violence has been mainstreamed into the prosecution of war crimes. Drawing on anthropological research in African conflicts, and feminist theory, Mibenge challenges legal narratives that reinscribe essentialized notions of gender in the conduct and resolution of violent conflict and uncovers the suppressed testimonies of men and women who are unwilling or unable to recite the legal scripts that would elevate them to the status of victimhood recognized by an international and humanitarian audience. At a moment when international intervention in conflicts is increasingly an option, Sex and International Tribunals points the way to a more nuanced and just response from courts.

eISBN: 978-0-8122-0842-9
Subjects: Political Science
You do not have access to this book on JSTOR. Try logging in through your institution for access.
Log in to your personal account or through your institution.
Table of Contents
Export Selected Citations Export to NoodleTools Export to RefWorks Export to EasyBib Export a RIS file (For EndNote, ProCite, Reference Manager, Zotero, Mendeley...) Export a Text file (For BibTex)
Select / Unselect all
  1. Front Matter
    Front Matter (pp. [i]-[vi])
  2. Table of Contents
    Table of Contents (pp. [vii]-[viii])
  3. Introduction: Gender and Violence in the Market and Beyond
    Introduction: Gender and Violence in the Market and Beyond (pp. 1-20)

    During my first year as a student at the University of Zambia, when I was seventeen, I left campus one Friday for a weekend with my family. It was not yet dark, and the Lusaka Central Market was busy. The lines for the minibus to Kabulonga were extremely long, but I waited patiently for my turn to board. I actually enjoyed the commotion all around.

    Then two young men approached me. I recognized one as Chitumba, a friend of my cousin Natasha. They joined me in the line, and we chatted briefly before they invited me to join them in...

  4. Chapter 1 The Women Were Not Raped: Gender and Violence in Butare-Ville
    Chapter 1 The Women Were Not Raped: Gender and Violence in Butare-Ville (pp. 21-59)

    In May 2004, a decade after the genocide, I sat with Aimable, a state prosecutor at the Office of the Prosecutor of Butare-Ville in Rwanda. I asked him for his thoughts on why prosecutors failed to pursue allegations of sexual violence. He answered with a story, describing a curious incident:

    A detainee confessed to having raped a number of women. Aimable immediately recognized that this was an incredible confession considering that the death penalty was still in place in Rwanda for those who confessed to sexual violence and other crimes listed as category one offenses. Confessions for lower level crimes...

  5. Chapter 2 All the Women Were Raped: Gender and Violence in Rwanda
    Chapter 2 All the Women Were Raped: Gender and Violence in Rwanda (pp. 60-87)

    Lynette, a Rwandan girlfriend of mine, survived the genocide because at its onset she was attending a boarding school in Kenya. Neighbors, some of whom were relatives, massacred her parents. She returned to Rwanda after the genocide and reunited with those relatives who survived persecution. She studied law and on graduation was appointed as a state prosecutor. She recounted for me a conversation she had had with her Aunt Hermien nearly a decade after the genocide. Like Lynette, Aunt Hermien was a genocide survivor, the difference being that Hermien had been in Rwanda during the genocide. Lynette expressed her concern...

  6. Chapter 3 All Men Rape: Gender and Violence in Sierra Leone
    Chapter 3 All Men Rape: Gender and Violence in Sierra Leone (pp. 88-122)

    I was sharing lunch with Chief Sesay, my host in the Sierra Leone provinces. He reminisced about his return to his chiefdom after his exile during the civil war. He recounted a conversation with Bintu, a woman who had lived under the rebel occupation of the town. This conversation made a lasting impact on the chief. According to him, the woman was disrespectful, angry, and rude: “‘I [the chief] tried to tease her. I asked her, ‘So, I hear you found a nice husband, didn’t you have a rebel husband looking after you?’ And this woman, this Bintu, she answered...

  7. Chapter 4 All Women Are Slaves: Insiders and Outsiders to Gender and Violence
    Chapter 4 All Women Are Slaves: Insiders and Outsiders to Gender and Violence (pp. 123-156)

    In February 2007, I conducted an interview with Lars Sven, a development worker in Sierra Leone. In the course of the interview, he explained that he was not at all surprised by the cruelty women and girls suffered in war because Sierra Leonean women were no more than slaves in peacetime too. According to Lars, “It’s the same in war and peace; these little girls are sold into marriage by their parents; they are slaves in marriage. They are no more than slaves to their husbands.” In January 2009, I shared Lars’s observation with Papa, a Sierra Leonean colleague in...

  8. Conclusion: There Are No Raped Women Here
    Conclusion: There Are No Raped Women Here (pp. 157-164)

    As a visiting scholar at the Center for Human Rights and Humanitarian Law at American University’s Washington College of Law, I was invited to speak at a conference on international criminal prosecutions of gender-based violence. It was a dynamic conference, bringing together NGO representatives, academics from various disciplines, victims’ rights advocates, and tribunal staff: judges, prosecutors, victim support officers, and defense counsel with firsthand experience of the Sierra Leone Special Court, the Rwanda and Yugoslav tribunals, and the International Criminal Court. In the final moments of the conference, Hannah, a participant, voiced her displeasure at the fact that the conference...

  9. Notes
    Notes (pp. 165-202)
  10. Works Cited
    Works Cited (pp. 203-226)
  11. Index
    Index (pp. 227-234)
  12. Acknowledgments
    Acknowledgments (pp. 235-237)
University of Pennsylvania Press logo