Just War Theory, Crimes of War, and War Rape

Authors
Sally J. Scholz
Villanova University
Abstract
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 Applied Philosophy  General Interest
Categories (categorize this paper)
ISBN(s) 0739-098X
DOI 10.5840/ijap20062011
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 34,938
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

Addendum to "Rape as a Weapon of War".Claudia Card - 1997 - Hypatia 12 (2):216 - 218.
Human Rights, Radical Feminism, and Rape in War.Sally J. Scholz - 2005 - Social Philosophy Today 21:207-224.
Nowhere to Run? Punishing War Crimes.Michael Clark & Peter Cave - 2010 - Res Publica 16 (2):197-207.
The Ethics of War.Patience Coster - 2013 - Rosen Central.
What's A Just War Theorist?Aleksandar Jokic - 2012 - Journal of Theoretical and Philosophical Criminology 4 (2):91-114.
Rape as a Weapon of War.Claudia Card - 1996 - Hypatia 11 (4):5 - 18.
Defining War for the 21st Century.Steven Metz & Phillip R. Cuccia (eds.) - 2011 - Strategic Studies Institute, U.S. Army War College.

Analytics

Added to PP index
2011-01-09

Total downloads
38 ( #163,136 of 2,273,315 )

Recent downloads (6 months)
3 ( #150,257 of 2,273,315 )

How can I increase my downloads?

Monthly downloads

My notes

Sign in to use this feature