Table of Contents
Foreword xi
Acknowledgments xiii
Introduction 1
I The Common Sense: An Illustration 3
II Unpacking the Common-Sense Narrative 7
A The "Worst Crimes" 7
B Perpetrated by Male Monsters against "Innocent" (Female) Victims 10
C Criminal Law Will End Sexual Violence in Conflict 12
D Sexual Violence Prevents Peace 15
III Countering the Common Sense: A Preview 15
1 Sexual Violence in Conflict and Women's Human Rights: A Genealogy 18
I Mainstream Responses to Wartime Rape in the Former Yugoslavia 20
II Early Feminist Engagement with Human Rights 21
A Liberal Inclusion Approaches 23
B Structural-Bias Critiques 23
C Third World Feminist Critiques 26
III "Women's Rights Are Human Rights" at Vienna 28
A Culturally Sensitive Universalism 32
B Violence against Women 34
C Sexual Violence in Conflict 37
IV The Turn to Criminal Law 44
V Unintended Consequences: A Prelude 48
2 Calling in the Troops 50
I Military Humanitarian Intervention after the End of the Cold War 51
II Feminist Debates over the Meaning of Rape in the Yugoslavian Conflict 55
A Genocidal Rape versus Rape on All Sides 56
B Genocidal Rape and Ethnic Essentialism 62
C Shared Assumption: The Force of Shame 67
III The Military Stakes of Finding Rape: The Case of Libya 70
IV The Continuation of Crisis Governance 77
3 Calling in the judges: The Former Yugoslavia 80
I Feminist Engagement with the ICTY Statute and Rules 83
II The Mediation of Feminist Disagreements 86
III Solidifying the Common Sense: Jurisprudence on Rape and Sexual Violence 90
A The Worst Harm 90
B Sexual Agency and Ethnic Difference 94
IV Adding to the Common Sense: Male Victims 98
4 Calling in the Judges; Rwanda 101
1 The Doctrinal Function of Shame 104
A The ICTR Charges against Akayesu 105
B The ICTR's Reasoning in Akayesu 107
C Feminist Reasoning and Akayesu 110
D The Legacy of Akayesu in Subsequent Jurisprudence 112
II Shame as Prosecutorial Alibi 116
III The Redistribution of Shame 120
5 Calling in the Security Council for Women, Peace, and Security 122
I Overview: Human Security, the WPS Agenda, and Beyond 125
II Naming the Victims and Types of Violence 132
A Victims: Gender Specificity versus Gender Neutrality 132
B From "Gender-Based Violence" to "Conflict-Related Sexual Violence" 134
III The Shame of Sexual Violence in Conflict 136
IV The Carceral Turn: Calling in the Judges 140
v Counterterrorism: Calling in the Troops 147
Epilogue: Beyond Social Death 151
I Women at War 155
II Women and Sex at War 160
III The Force of Shame Revisited 162
IV The Context of War Foregrounded 168
V The Redistribution of Shame Reconsidered 170
VI Conclusion 171
Notes 173
Bibliography 233
Index 255
