Just War Theory, Crimes of War, and War Rape

Recent decades have witnessed rape and sexual violence used on such a massive scale and often in a widespread and systematic program that the international community has had to recognize that rape and sexual violence are not just war crimes but might be crimes against humanity or even genocide. I suggest that just war theory, while limited in its applicability to mass rape, might nevertheless offer some framework for making the determination of when sexual violence and rape constitute war crimes, crimes against humanity, or genocide. In addition, just war theory can provide the normative justification individual soldiers need to resist orders and actions that demonstrate egregious moral breakdown as found in instances of mass rape and systematic use of sexual violence, and just war criteria demonstrate that the use of rape and sexual violence in war time can never be legitimated, especially in the case of prisoner interrogation
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.5840/ijap20062011
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 16,667
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
Larry May (2007). War Crimes and Just War. Cambridge University Press.
Aleksandar Jokic (2012). What's A Just War Theorist? Journal of Theoretical and Philosophical Criminology 4 (2):91-114.

Monthly downloads

Added to index


Total downloads

19 ( #147,764 of 1,726,249 )

Recent downloads (6 months)

6 ( #118,695 of 1,726,249 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.