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Looting and Rape in Wartime - Law and Change in International Relations (Paperback)
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Looting and Rape in Wartime - Law and Change in International Relations (Paperback)
Series: Pennsylvania Studies in Human Rights
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Women were historically treated in wartime as property. Yet in the
Hague Conventions of 1899 and 1907, prohibitions against pillaging
property did not extend to the female body. There is a gap of
nearly a hundred years between those early prohibitions of pillage
and the prohibition of rape finally enacted in the Rome Statute of
1998. In Looting and Rape in Wartime, Tuba Inal addresses the
development of these two separate "prohibition regimes," exploring
why states make and agree to laws that determine the way war is
conducted, and what role gender plays in this process. Inal argues
that three conditions are necessary for the emergence of a global
prohibition regime: first, a state must believe that it is
necessary to comply with the prohibition and that to do otherwise
would be costly; second, the idea that a particular practice is
undesirable must become the norm; finally, a prohibition regime
emerges with state and nonstate actors supporting it all along the
way. These conditions are met by the prohibition against pillage,
which developed from a confluence of material circumstances and an
ideological context: the nineteenth century fostered ideas about
the sanctity of private property, which made the act of looting
seem more abhorrent. Meanwhile, the existence of conscripted and
regulated armies meant that militaries could take measures to
prevent it. In that period, however, rape was still considered a
crime of passion or a symptom of behavioral disorder-in other
words, a distortion of male sexuality and outside of state
control-and it would take many decades to erode the grip of those
ideas. Only toward the end of the twentieth century did
transformations in gender ideology and the increased participation
of women in politics bring about broad cultural shifts in the way
we perceive sexual violence, women, and women's roles in policy and
lawmaking. In examining the historical and ideological context of
how these two regimes evolved, Looting and Rape in Wartime provides
vital perspective on the forces that block or bring about change in
international relations.
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