War Crimes Law Comes of Age: Essays

By Theodor Meron | Go to book overview

XI
Rape as a Crime Under International Humanitarian Law

It is a pity that calamitous circumstances are needed to shock the public conscience into focusing on important, but neglected, areas of law, process and institutions. The more offensive the occurrence, the greater the pressure for rapid adjustment. Nazi atrocities, for example, led to the establishment of the Nuremberg Tribunal;1 the evolution of the concepts of crimes against peace, crimes against humanity and the crime of genocide; the shaping of the fourth Geneva Convention;2 and the birth of the human rights movement. The starvation of Somali children prompted the Security Council to apply chapter VII of the UN Charter to an essentially internal situation, bringing about a revolutionary change in our conception of the authority of the United Nations to enforce peace in such situations. There is nothing new in atrocities or starvation. What is new is the role of the media. Instant reporting from the field has resulted in rapid sensitization of public opinion, greatly reducing the time lapse between the perpetration of such tragedies and responses to them.

It took the repeated and massive atrocities in former Yugoslavia, especially in Bosnia-Hercegovina, to persuade the Security Council that the commission of those atrocities constitutes a threat to international peace, and that the creation of an ad hoc international criminal tribunal would contribute to the restoration of peace. The Security Council therefore decided to establish such a tribunal under chapter VII (Resolutions 808 and 827).3 For the first time since the founding of the United Nations, the Security Council has become, at least for the moment,4 a major force for ensuring respect for international humanitarian law.

____________________
1
See Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, Aug. 8, 1945, 59 Stat. 1544, 82 UNTS 279 [London Agreement].
2
Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 UST 3516, 75 UNTS 287 [Geneva Convention No. IV].
3
SC Res. 808 ( Feb. 22, 1993); SC Res. 827 ( May 25, 1993). For a discussion of the prospects for and difficulties concerning the tribunal, see Theodor Meron, The Case for War Crimes Trials in Yugoslavia, FOREIGN AFF., Summer 1993, at 122. There has been a broad consensus outside Yugoslavia to consider the conflicts there as international.
4
The continued cooperation of Russia with regard to the conflict in former Yugoslavia is still uncertain.

-204-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
War Crimes Law Comes of Age: Essays
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 344

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.