ABSTRACT

Since the end of the Cold War, rape and violence against women have been increasingly recognized as war crimes in international law (MacKinnon 2001: 897). While there had previously been an inconsistent history of the punishment of wartime rape (e.g., MacKinnon 2001), the 1990s saw jurisprudence classifying it as a war crime. Courts have also recently begun to recognize that rape and genocidal rape are different war crimes, where rape is a crime against its victim and women generally, and genocidal rape is such a crime used as a weapon against an ethnic or national group, attacking racial purity, national pride, or both.