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THE RAPE OF THE BALKAN WOMEN An Argument for the Full Recognition of Warüme Rape as a War Crime by SARBJEET KAUR SARAI A thesis submitted to the Department of Political Studies in conformity with the requirements for the degree of Master of Arts Queen's University Kingston. Ontario, Canada October 1999 copyright O Sarbjeet Kaur Sarai, 1999 National übrary Bibliothèque nabonale du Canada Acquisitions and Acquisitions et Bibliographie Services services bibliographiques 395 WelIington Street 395. rue Wellington OttawaON KlAW O(rawaON KlAW canada canada The author has granted a non- L'auteur a accorde une licence non exclusive licence aliowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distn'bute or seil reproduire, prêter, distribuer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or electronic formats. la forme de microfiche/film, de reproduction sur papier ou sur format électronique. The author retauis ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts fiom it Ni la thèse ni des extraits substantiels may be printed or otheMrise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation, Abstract This thesis examines the practice of rape as it is carried out during wartime. It begins with an examination of feminist theory in international relations and its contn'bution to the delineation of rape in war. Feminists have lobbied to bring focus to serious issues concerning women but their efforts have only been hampered by the domination of the masculine perspective within the field. To this point, one major emphasis has been on rape in the domestic context with some work done on rape in war. This thesis discusses the differences between rape in war and peace. One case study is used to analyze the context of rape in war. With a focus on the civil war in the former Yugoslavia, and an illustration of how rape was used as a community-desîroying strategy against Muslirns and Croatians, one of the key conclusions is that rape in war and forced irnpregnation constitute war crimes. This recognition cm most readily be achieved by the addition of rape to the current war crimes designation. In order to ensure that such a recognition takes place, the thesis proposes that the establishment of a permanent International Criminal Court will be instrumental. The creation of this Court will minimize many of the complexities and difficulties inherent in past and present ad hoc tribunals. Acknowledgments 1 am tint of all most grateful to my GUIU,Guru Granth Sahib, and God for leadllig me on this path and for blessing me with this great project. As weü, to my spiritual teacher, S.S.S. Harbhajan Singh Khalsa Yogi Ji who blessed me and guideci me in the focus and structure of this thesis. 1 am especially indebted to Professor Phil Goldman who committed himself to reading the thesis nurnerous times to ensure that rny position was clear and rehed. Thank you for your guidance and supervision. Without your time and dedication to this thesis, encouragement and confidence for my ideas, I would have been lost This thesis certainly would not have turned out the way it did without your extensive howIedge in the subject. I have learned a great deal from your valuable suggestions and unique perspectives on the various aspects of rape in war, and for that 1wiil dways be grateful to you. 1 also owe gratitude to the Department of Political Studies - the professors, my colleagues and fiiends, and administrative staff; your support and advice throughout the year made rny theat Queen's a most mernorable one, 1am indeed honoured to have been given the opportunity to attend such a disthguished university, and to have worked and learned in a great environment with every one of you. 1 must acknowledge Margaret Little for her excellent course on Feminist Theory without which Chapter Two would not have been possible. As weil, 1 am thankful to Abigail Bakan for her course on Women and International Politicai Economy. To the Thesis Proposal and Defence Cornmittees: Thank you for your suggestions and insight which contrïbuted to a complete thesis. 1 owe immense gratitude to my family (my parents, brother and sister) and fkiends who have displayed a great deal of patience and support while 1have set myself to accomplish yet another goal in my life. F ind1 y, to my beloved Randeep, without whose love, support, and encouragement 1 would not be where 1 am today. 1wili be forever indebted to you my dear. Dedication This thesis Ls dedicated tu every wumm who har suffered as a victim of warlime orpeaceîime rope. To those women who have been raped in war and have lost their lives while providing smaZ services to men, and to those who survived with dreadj'ül mernories, but would live to fight for jjuîce for their sisters. 1hope that one &y you will receive justice. which you so ~ghtlydeserve- Table of Contents Chapter 1 ........................... ... ..................................................... 1 Introduction ...................... ................................................... 1 Chapter II = Feminist Thought and International Relations ....................... 7 Introduction ...................................................................... 7 From the Perspective of International Relations ................................ 9 Susan Brownmiller's Analysis ................................................... 17 Cynthia Enioe's Analysis ............... ., .......................................... 21 Conclusion ..................... ,. .................................................24 Chapter III .Rapes in the Former Yugoslavia: The Unthinkabk and Unspeakabk .................................... 26 introduction ..................................... ., ...26 Definitions ........................................................................... 27 Rape as a Policy of War and as a War Crime ................................... 31 The War Against the Balkan Women ............................................. 33 Conclusion .......................................................................... 49 Chapter IV .Rape as it Oecun in War and Peace Is there a Dierence? ..................................................... 52 Introduction .......................................................................... 52 Definition of Rape ................................................................... 54 Nordstrom's Argument ............................................................. 56 MacKinnon 's Argument .....................O..-............ ... .................... 59 Analysis .............................................................................. 61 Conclusion ......................................................................... 68 Cbapter V .A Permanent International Criminal Court .......................... 70 Introduction .......................................................................... 70 What is Preventative Justice? .................... ,., .................... 72 The Nuremberg Trials ........................... ,. ......................... 75 The Intemationai Military Tribunal for the Far East ........................... 79 The Yugoslavia War Crimes Tribunal ..................... ..... ............ 85 The International Criminai Tribunal for Rwanda ............................... 91 A Solution? ........................................................................... 97 Conclusion .............................,., ...................-.................... 105 Chapter VI .................................................................................... 106 Conclusion .Mistakes of the Pwt and a Hope for the Future ............................................... 106 Appenüix 1 ........................... ... ................................................. Appendi 2 ....................., ....... .. ........*.*.....*.................*..*......... Appendix 3 ................................................................................... Bibliography ........................... ..... ............................................. Vita ............................................................................................. 129 List of Tables Table 1 - Dernographie Shifts in the District of Rijecior .. ... ... ... .. .. ... ... ... ..... 43 Chapter 1 Introduction Many ofus, rabed ih the traditions of Geneva Conventions and close ro the Mvidness of Nori homors,foud it had to believe thforces Europe haà catout 50 years earfierwere once again ascendant.' The intent of this thesis is to examine sexual violence against women during wartime, focusing on the violence that erupted in the former Yugoslavia in 199 1. in particular, 1 will study the Serb govemment's armed aggression against the Muslh and Croat populations that took the form of "ethnic cleansing." 1 will examine the context of the policy that was leveled against these groups, the manner in which it was carried out, and the role of the international community in preventing such abhorrent massacres fiom occurring and in bringing those responsibie to a war crimes tribunal. It will be argued in this thesis that the act of rape and forced irnpregnation cornmitted during war, whether against one womadman or in a systematic fonn against thousands of womedmen must be identified as violations of fûndamental human rights
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