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A Comparative Analysis of Genocidal Rape in Rwanda and the Former Yugoslavia: Implications for the Future Jessica Kruger

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A Comparative Analysis of Genocidal Rape in Rwanda and the Former Yugoslavia: Implications for the Future Jessica Kruger Eastern Michigan University DigitalCommons@EMU Master's Theses, and Doctoral Dissertations, and Master's Theses and Doctoral Dissertations Graduate Capstone Projects 2011 A comparative analysis of genocidal rape in Rwanda and the former Yugoslavia: Implications for the future Jessica Kruger Follow this and additional works at: http://commons.emich.edu/theses Part of the Criminology Commons Recommended Citation Kruger, Jessica, "A comparative analysis of genocidal rape in Rwanda and the former Yugoslavia: Implications for the future" (2011). Master's Theses and Doctoral Dissertations. 327. http://commons.emich.edu/theses/327 This Open Access Thesis is brought to you for free and open access by the Master's Theses, and Doctoral Dissertations, and Graduate Capstone Projects at DigitalCommons@EMU. It has been accepted for inclusion in Master's Theses and Doctoral Dissertations by an authorized administrator of DigitalCommons@EMU. For more information, please contact [email protected]. A Comparative Analysis of Genocidal Rape in Rwanda and the Former Yugoslavia: Implications for the Future by Jessica Kruger Thesis Submitted to the Department of Sociology, Anthropology, and Criminology Eastern Michigan University in partial fulfillment of the requirements for the degree of MASTER OF ARTS in Criminology and Criminal Justice Thesis Committee: Gregg Barak, PhD, Chair Paul Leighton, PhD June 1, 2011 Ypsilanti, Michigan ii Dedication This thesis is dedicated to my parents. Pops- I am not ashamed to say that no man I ever met was my father's equal, and I never loved any other man as much. Momma- Life began with waking up and loving my mother's face. iii Acknowledgements First of all, I need to thank Gregg Barak for all of the many things he has done for me. Originally, I did not believe I was even capable of creating a thesis; however, Gregg gave me the confidence to take on the challenge. He introduced me to supranational criminology and fostered my interest in the subject. Last, Gregg allowed me to participate in his criminology courses as a teaching assistant and as a guest speaker. I know my understanding of EVERY aspect of criminology has grown leaps and bounds under his guidance. I would like to thank Paul Leighton for agreeing to be on my thesis committee; he has provided invaluable feedback on my writing. Thank you to the faculty at Eastern Michigan University and my fellow students; it is always easier to pursue an education when you enjoy the people that surround you. Most important, I am forever grateful to my precious family. Mom and dad, you have given me two of the greatest gifts; one is roots and the other is wings. Grandma and Elizabeth, thank you for your unending support and encouragement. To my two dear nieces, Sophie and Emma Bear, you are all that is good and beautiful in this world and I love you. iv ABSTRACT This work examines the genocidal rape policies that occurred in the Rwandan and former Yugoslavian conflicts. Traditionally, rape has been considered an unfortunate yet inescapable consequence of war. In the early 1990s, the Hutu and Serbian regimes developed a new tactic and utilized rape as a genocidal weapon. Following a comparative analysis framework, the present study will examine the similarities and differences of the genocidal rape in Rwanda and the former Yugoslavia. Five points of comparison were established: perpetrators, victims, global economics, social disorder, and militias. Results of this analysis show that Rwanda and the former Yugoslavia possessed common pre-genocidal conditions and displayed similar ideological processes. Uncovering precursors to and generalizable characteristics of genocidal rape, the international community may be given the opportunity to develop a preventative approach to this atrocity. The objective of this study is to contribute to a growing body of research on genocidal rape. TABLE OF CONTENTS Dedication…………………………………………………………………………………..ii Acknowledgements…………………………………………………………….. iii Abstract………………………………………………………………………… iv Chapter 1: Introduction………………………………………………………….1 Problem Statement………………………………………………………1 History of Conflicts and Description of Rapes in Rwanda and the Former Yugoslavia………………………………….3 Understanding Genocidal Rape…..……………………………………..18 Research Questions and Methodology……………………………………………………..26 Chapter 2: Wartime Rape and Genocidal Rape…………………………………29 Wartime Rape……………………………………………………………29 Genocidal Rape………………………………………………………….37 Chapter 3: Perpetrators and Victims of Genocidal Rape…………………………51 Perpetrators………………………………………………………………51 Victims…………………………………………………………………..61 Chapter 4: Structural Components of Genocidal Rape………………………….68 Global Economics………………………………………………………..68 Social Disorder…………………………………………………………..71 Militias…………………………………………………………………..84 Chapter 5: Conclusion……………………………………………………………90 International Criminal Tribunals……………………………………………92 Final Thoughts on Genocidal Rape and Minimalist Implications for the Future………………………………….99 References……………………………………………………………………….106 1 CHAPTER 1: INTRODUCTION This thesis provides a comparative analysis of genocidal rape in Rwanda and the former Yugoslavia. It is organized into five chapters and this opening chapter contains a statement of the problem, followed by the historical background of the events leading up to and including the rapes. A literature review, research questions and the methodological approach are presented in Chapter 1 as well. Chapter 2 will contain an in-depth, multi-disciplinary review of the theories and explanations concerning both wartime rape and genocidal rape. An assessment of the different perspectives will take place in an attempt to determine which theory is most applicable to genocidal rape in Rwanda and the former Yugoslavia. Chapter 3 will consist of an analysis of the individual components of genocidal rape in Rwanda and the former Yugoslavia with a breakdown of the perpetrators (génocidaires) and the victims. Chapter 4 will include an examination of three additional points of comparison: global economics, social disorder, and militias. Chapter 5 will begin with a brief summary of the thesis and follow with an evaluation of post-conflict justice in Rwanda and the former Yugoslavia with an investigation of the development of the ad hoc criminal tribunals and their perceived efficacy. This chapter will also include concluding thoughts on genocidal rape in Rwanda and the former Yugoslavia and possible implications stemming from this comparative analysis. Problem Statement Genocide is a term that evokes a strong emotional response, yet oftentimes it is misconstrued. It is a ubiquitous crime that has proven itself difficult to define. Due to the complexity surrounding genocide, it is nearly impossible to define such a concept in a clear and concise manner (Alvarez, 2010). Scott Straus explained: 2 from its inception, then, genocide has been an empirical, moral, legal, and political concept. To one person, ―genocide‖ means evil and demands preventive or punitive action by a government; to another, ―genocide‖ carries a circumscribed juridical meaning, while to still others it designates a specific type of mass violence. (cited in Alvarez, 2010:6) When one envisions genocide, the well-known example of the Holocaust readily appears. The Holocaust is an extreme example of direct genocide, but there are many indirect methods of genocide as well. Renowned genocide scholar Ervin Staub‘s definition of genocide, therefore, would be the most appropriate for this thesis. He described genocide as ―an attempt to exterminate a racial, ethnic, religious, cultural or political group, either directly through murder or indirectly by creating conditions that lead to the group‘s destruction‖ (Staub, 1989:8). This definition makes it clear that genocide can be accomplished through direct and/or indirect means. Direct methods of genocide may include murder through the use of guns, machetes, gas chambers; yet less direct approaches such as rape, forced sterilization, disease, starvation and displacement may be just as effective, if not more so, than direct means (Alvarez, 2010). Of interest to this study, rape as an indirect method of genocide is translated into the term ―genocidal rape.‖ Rothe and Mullins define genocidal rape as: a systematically organized military tactic of terror and genocide. Used to (1) generate fear in subdued population, (2) humiliate the population (both men and women), (3) derogation of women (spoilage of identity), (4) create a cohort of mixed-ethnic children to maintain the humiliation/spoilage/domination. Such a use of sexual assault is an orchestrated tactic of warfare. (Rothe & Mullins, 2008:157) 3 To clarify, it is best to follow the indirect model of genocide, as opposed to the Holocaust‘s direct model, when considering genocidal rape. Overall, the present study seeks to find essential individual and structural components in the practice of genocidal rape by comparatively analyzing its occurrence in Rwanda and the former Yugoslavia. History of Conflicts and Description of Rapes in Rwanda and the Former Yugoslavia In the early 1990s, two countries over five thousand miles apart, Rwanda and the former Yugoslavia, experienced genocides that resulted in over a million deaths combined. In Rwanda, the Hutu militias led a one-hundred-day siege against the Tutsi population while, in the former Yugoslavia, the Serbian militias attempted to exterminate the non-Serbian (particularly Bosnian Muslim) population during a three-year ethnic cleansing campaign. These countries are
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