ABSTRACT
Chapter 7 focuses on a proposal submitted by the Arab block, dissenting from developments in international criminal law regarding the crimes of war rape and sexual slavery. This was motivated by the Arab block’s wish to protect national marriage laws and practices from amounting to rape or sexual slavery, constituting crimes against humanity. Chapter 7 explores which national norms and rules exactly the Arab block might have wanted to protect. It argues that domestic non-criminalisation of marital rape could explain the Arab block’s suggestions regarding the ICC definition of rape. The religiously grounded and legally reinforced ideal of an obedient wife and the patriarchal understanding of rape as an honour crime are two explanations advanced for the non-criminalisation of marital rape under the Arab block’s national laws. Chapter 7 furthermore argues that the Arab block might have sought to exclude marriage rights, duties and obligations such as the ideal of an obedient wife, the accepted language of a marriage offer, understandings of dowry and maintenance as well as irregular and temporary marriages from powers attaching to the right of ownership as they allow husbands to subjugate their wives. This indicates that the wish to maintain existing patriarchal power structures was fundamental to the Arab block’s dissent towards developments in national and international law regarding sexualised crimes.
