This article will discuss the manner in which international law deals with crimes of sexual violence committed against men during armed conflict. To date sexual violence against men has received little attention from the international community; instead its focus is almost exclusively on women, yet in armed conflicts across the world, sexual violence is also perpetrated against men. The example of torture demonstrates the current weaknesses in the relevant provisions for acts of sexual violence generally, and acts of sexual violence committed against men specifically. I argue that international criminal tribunals should address sexual violence more broadly, including against men. However, rather than to adopt a piecemeal approach differentiating between acts of sexual violence suffered by men and women, the experiences of men of sexual violence in armed conflict should be used to contribute to understanding the broader issue of gender-based crimes, of which sexual violence forms part.
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Russell, supra note 1; Sivakumaran, supra note 1, Stemple, supra note 1; Xabier Agirre Aranburu, ‘Sexual Violence beyond Reasonable Doubt: Using Pattern Evidence and Analysis for International Cases’, 23 L.J.I.L. (2010) 609-627, p. 616.
Stemple, supra note 1.
IASC, 2005, 8.
Sivakumaran, supra note 1; Stemple, supra note 1.
Stemple, supra note 1.
Human Rights Watch, ‘DRC: Clinton Should Highlight Rape and Justice Issues’, 10 August 2009; Jeffrey Gettleman, ‘Symbol of Unhealed Congo: Male Rape Victims’, The New York Times, 4 August 2009. A Survey held in 2010 found that 23.6 per cent of men and 39.7 per cent of women had been exposed to sexual violence in their lifetime. Of those, 64.5 per cent of men and 74.3 per cent of women reported conflict-related sexual violence, Kirsten Johnson et al., ‘Association of Sexual Violence and Human Rights Violations With Physical and Mental Health in Territories of the Eastern Democratic Republic of the Congo’, 304(5) Journal of the American Medical Association 2010 pp. 553-562.
Lewis, supra note 10; Sivakumaran, supra note 1.
R. Claire Snyder, ‘The Citizen-Soldier Tradition and Gender Integration of the US Military’, Armed Forces and Society 29 (2003); ‘Lady Gaga appeals for Military Law Reform’, The Independent, 21 September 2010.
Stemple, supra note 1, at p 621.
Stemple, supra note 1, p. 626.
Lewis, supra note 10, p. 17.
Lewis, supra note 10, p. 29.
Torture Convention, supra, note 6. See further UN General Assembly, Resolution 3452, Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, U.N. Doc. A/RES/3452 (XXX), 9 December 1975; the ICC Statute and EoC, Article 7(2)(e). As stated in Prosecutor v. Furundžija, Judgment, IT-95-17/1-T 10, 10 December 1998, para. 160.
De Brouwer, supra note 45, p. 183.
Torture Convention, Article 1, supra note 6.
McGlynn, supra note 64, pp. 582-586.
McGlyn, supra note 64, p. 579. McGlyn’ focus was the ECHR’s case law on torture and rape.
Edwards, supra note 97, p. 209.
Edwards, supra note 98, pp. 198-263.
McGlynn, supra note 64, p. 579; Prosecutor v. Kunarac et al., Appeal Judgment, supra note 71, para. 150.
McGlyn, ibid., p. 573.
Quénivet, supra note 98, p. xiv; Edwards, supra note 97, pp. 13-25.
Edwards, supra note 97, p. 13.
Gardam and Charlesworth, supra note 12.
Carpenter, supra note 57, p. 86.
Quénivet, supra note 98.
Zawati, supra note 19.
McKinnon, supra note 112, p. 1307.
Sivakumaran, supra note 1.
Will Storr, ‘The Rape of Men’, The Observer, 17 July 2010, <www.guardian.co.uk/society/2011/jul/17/the-rape-of-men>, 12 July 2011.
Sivakumaran, supra note 1.
Lewis, supra note 10, p. 5.
All Time | Past 365 days | Past 30 Days | |
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This article will discuss the manner in which international law deals with crimes of sexual violence committed against men during armed conflict. To date sexual violence against men has received little attention from the international community; instead its focus is almost exclusively on women, yet in armed conflicts across the world, sexual violence is also perpetrated against men. The example of torture demonstrates the current weaknesses in the relevant provisions for acts of sexual violence generally, and acts of sexual violence committed against men specifically. I argue that international criminal tribunals should address sexual violence more broadly, including against men. However, rather than to adopt a piecemeal approach differentiating between acts of sexual violence suffered by men and women, the experiences of men of sexual violence in armed conflict should be used to contribute to understanding the broader issue of gender-based crimes, of which sexual violence forms part.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 1970 | 306 | 16 |
Full Text Views | 459 | 29 | 2 |
PDF Views & Downloads | 476 | 63 | 7 |