ABSTRACT
This chapter examines the evolving legal status of rape in war with attention both to the particular context in which rape is occurring and to the general gender dimension, as well as to the tension between them. It focuses on two central conceptual questions. They are, first, whether these crimes are fully recognized as war crimes under the Geneva Conventions—the cornerstone of what is called "humanitarian" law—and, second, whether international law does, and should, distinguish between "genocidal rape" and mass rape for purposes other than genocide. The chapter examines the limitations of, and the potential inherent in, the concept of "crimes against humanity", as well as the relationship between gender and nationality/ethnicity in the crimes committed against women in Bosnia. Forced pregnancy has drawn condemnation only when it reflects an intent to harm the victimized race. The chapter suggests the relationship between everyday rape and rape in armed conflict or under military rule.
