Estupro de mulheres como crime de guerra sob as perspectivas feministas.

• Autor(a) principal: Moura, Samantha Nagle Cunha de
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/tede/8331
• topic: Gênero. Estupro. Mulheres. Conflitos armados.; Gender. Rape. Women. Armed conflicts.; CIENCIAS SOCIAIS APLICADAS::DIREITO

Rape has been an outstanding feature of various armed conflicts throughout history, but it started to be seen as a relevant subject by the international community only from the 90s, with the creation, pressured by the feminist movements, of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR). With a fruitful engagement established between International Humanitarian Law (IHL) and International Criminal Law (ICL) on one side and feminist discourses on the other, this dissertation investigates what type of subject is produced by gender norms operated by Law and aims to show whether regulations consolidate women’s political and sexual agency or, on the contrary, intensify their victimization. Accordingly, the feminist Law as a technology of gender approach, the feminist theories of rape and the specialized literature are used as the theoretical foundation to analyse the ad hoc tribunals’ jurisprudence and the pertinent rules from the 1949 Geneva Conventions and its 1977 Additional Protocols. Thus, the text is divided in four parts: 1) feminist theoretical framework that will guide the analysis of the research’s subject; 2) historical context of the international criminalization of rape; 3) IHL, especially the main rules regarding rape, the gendered construction of the distinction principle and the diversity of women’s experiences during conflicts; 4) ad hoc tribunals’ rulings, including the conflicting rape definitions, the coercion presumption during armed conflicts, the convictions of women who committed rape and the recognition of men as rape victims. It concludes by pointing at the worrying trend, within International Law, of constructing the “raped Woman” subject as inexorably marked by passivity, powerlessness and victimization.