To what extent rape and sexual violence should be considered a tool of genocide

Essay from the year 2014 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 2.1, University of Lincoln, course: Criminology and History (BA) Hons., language: English, abstract: Rape and sexual violence do not currently stand as separate crimes under international law; instead they are subsumed into the area of crime such as torture, genocide and the grave breaches of the Genocide Convention. As such international law recognises that rape at the least may accompany acts of Genocide and Crimes against Humanity as a tool of genocide. The definition of rape as genocide remains hazy, the ICTR and ICTY have interpreted rape in war conflict in various prosecution cases with different interpretations, this may be because that rape as genocide is a 'recent occurrence within international law'. Rape is also seen as a product of war, a consequence of war rather than a component of war, as it should be interpreted as. In conflicts such as Bosnia-Herzegovina, Kosovo and Rwanda, rape should be seen as a tool of genocide because of the deliberate intent of destruction as defined by The Convention on the Prevention and Punishment of Genocide 1948, specifically Article II (ICRC, Article II). Rape at the very least demonstrates condition (b) of Article II which stipulates that there has been an act of 'causing serious bodily or mental harm to members of the group' (ICRC, Article II). This assertion can be demonstrated in the cases of Rwanda in 1994 and Bosnia-Herzegovina 1990-1994. The emphasis of genocide remains focused on the collective, since there has to be demonstrative proof of intent of destruction of the group not just the individual. Rape however is a personal, individual experience and this complicates judicial responses to defining rape as genocide.

Autorentext

Alexander James Syder E-mail: a.syder@yahoo.co.uk ACADEMIC QUALIFICATIONS: Forensic Psychology (MSc) at University of Lincoln (Present). Psychology (MSc) at Sheffield Hallam University (September 2014 - June 2016). (GBC, MBPsS). Criminology and History BA (Hons). University of Lincoln. - Master of Science (MSc) Psychology dissertation investigated autobiographical memories in relation to future decision-making using a questionnaire (qualitative and quantitative) that investigated past episodic episodes of their previous experiences. The study used a mixed methods design, primarily with a thematic analysis with three themes of investigation: 'The prevalence and impact of autobiographical memories through thematic categorical classification: their impact on self-identity and self-expression'. Firstly, autobiographical memories are primarily functions of goal construction. Secondly, those memories are congruent to the self, and likely to place the participant at the centre of all previous experiences/events. Thirdly, since it is hypothesized that there will be an egocentric element to the responses, this should coincide with increased use of pronoun density. The third thematic discourse theme has analysed selective examples of the use of (I, me and my). My dissertation received a merit overall, and was praised for its interesting premise as a study that could be adapted upon in the future (Dr. Christine Wells, Dr. Anna Di Betta, Sheffield Hallam University).