Rape, traditionally a spoil of war, became a weapon of war in
the ethnic cleansing campaign in Bosnia. The ICTY Kunarac court
responded by transforming wartime rape from an ignored crime into a
crime against humanity. In its judgment, the court argued that the
rapists violated the Muslim women's right to sexual
self-determination. Announcing this right to sexual integrity, the
court transformed women's vulnerability from an invitation to abuse
into a mark of human dignity. This close reading of the trial,
guided by the phenomenological themes of the lived body and
ambiguity, feminist critiques of the autonomous subject and the
liberal sexual/social contract, critical legal theory assessments
of human rights law and institutions, and psychoanalytic analyses
of the politics of desire, argues that the court, by validating
women's epistemic authority (their right to establish the meaning
of their experience of rape) and affirming the dignity of the
vulnerable body (thereby dethroning the autonomous body as the
embodiment of dignity), shows us that human rights instruments can
be used to combat the epidemic of wartime rape if they are read as
de-legitimating the authority of the masculine autonomous subject
and the gender codes it anchors.
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