Forced maternity, children's rights and the genocide convention: A theoretical analysis

Journal of Genocide Research

Volumn 2, Issue 2, 2000, Pages 213-244

  Carpenter, Robyn Charli ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84937328293     PISSN: 14623528     EISSN: 14699494     Source Type: Journal    
DOI: 10.1080/713677603     Document Type: Article

References (69)

1. Markusen, Eric. 1987. "Genocide and total war: a preliminary comparison," ”. In Genocide and the Modem Age: Etiology and Case Studies of Mass Death, Edited by: Wallimann, Isidor, and Dobkowski, Michael N., 101New York: Greenwoord Press.
2. Charny, Israel. 1994. "Toward a generic definition of genocide," ”. In Genocide: Conceptual and Historical Dimensions, Edited by: Andreopoulos, George. University of Pennsylvania Press.
3. Drost, Pieter. 1959. The Crime of State, Vol 2, Genocide, Vol 2, 122–123. Leyden: A. W. Sythoff.
4. Freeman, M. D. A., 1983. The Rights and Wrongs of Children, London: Francis Pinter Publishers. The extent to which this is the case is unascertained and is likely highly variable; some orphanages run by NGOs and funded by foreign charities may have provided a very good standard of living: in many cases it is getting the children to appropriate care which is the problem, where women give birth outside of hospitals or in refugee camps. In general, however, the quality of life for children in care of the state is lower than those raised within a family context, a consideration which has been taken up by children's rights advocates especially in Britain. See
5. Niarchos, Catherine. 1995. "Women, war and rape: challenges facing the International Tribunal for the former Yugoslavia,". in Human Rights Quarterly, 17 (4) Though war rape has been illegal in some form for centuries, such legislation has usually been couched in terms of men's property rights rather than women's human rights or subsumed under more general categories of "ill-treatment of civilians" (at the Nuremburg trials) or "inhumane treatment" (the Geneva Conventions) rather than labeled explicitly. See The International Tribunals for Yugoslavia and Rwanda have been groundbreaking in addressing sexual violence for what it is
6. Copelon, Rhonda. "Surfacing gender: reconceptualizing crimes against women in war," ”. In Mass Rape: The War Against Women in Bosnia-Herzegovina See Alien, Rape Warfare
7. Koenig, Dorean. 1994. "Women and rape in ethnic conflict and war,". in Hastings Women's Law Journal, 5 (2)
8. Pine, Rachel. 1994. "Pregnancy as evidence of crime,". in National Law Journal, 16 (21) Copelon, p 207. "[Forced impregnation] expresses the desire to mark the rape and rapist upon the woman's body and upon the woman's life." See also
9. Gledhill, Ruth. 1993. "Muslims give adoption warning,". The Times, January 5 For example in Bosnia, the Bosnian government claimed the children as Bosnian; the ethnic Bosnian Muslims rejected the children as Muslim while the international Muslim community claimed that the children were Muslim and should not be adopted by foreigners. See
10. Tatz, Colin. "Genocide in Australia," ”. a Research Section Occasional Paper 28–35. Australian Institute of Aboriginal and Torres Strait Islander Studies. An exception would be some studies regarding forced assimilation of indigenous children by white settlers. See for example Some of these studies, however, such as those regarding half-caste Aborigine children in Australia, have generally sought to apply Article 2(e) of the Genocide Convention uncritically, but are in fact as conceptually problematic as other cases of forced miscegenation
11. Salzman. 1998. "Rape camps as a means of ethnic cleansing: religious, cultural, and ethical responses to rape victims in the former Yugoslavia,". Human Rights Quarterly, 20 (2)
12. Horvath, Daniela. "Children of the rapes: youngest victims of ethnic cleansing" quoting Pope John Paul II as saying women should "accept the enemy within them,". World Press Review, June 1993: 12 See Allen, p 131; Fisher, p 99
13. Leblanc, Lawrence. 1995. The Convention on the Rights of the Child U.N. Lawmaking on Human Rights, Lincoln: University of Nebraska Press.
14. Williams, Carol. 1993. "War rapes produce orphans: Bosnia prohibits babies' adoption,". Dallas Morning News, August 1
15. Goldstein, Anne Tierney. 1994. Recognizing Forced Impregnation as a War Crime, Special Report of the Center for Reproductive Law and Policy New York The most ground-breaking arguments on forced impregnation as genocide include
16. Fisher, Siobhan. 1996. "Occupation of the womb: forced impregnation as genocide,". in Duke Law Journal, 46 (73): 91
17. Allen, Beverly. 1996. Rape Warfare: The Hidden Genocide in Bosnia-Herzegovina, London: University of Minnesota Press.
18. Niarchos, Catherine. 1995. "Women, war and rape: challenges facing the International Tribunal for the former Yugoslavia,". in Human Rights Quarterly, 17 (4) The International Tribunal for the former Yugoslavia recognized rape and other sexual violence as a systematic and intentional part of the genocide in Bosnia and has aimed at prosecuting such offenses. See
19. Sokoloff, Heather. 1999. "A new rape definition brings justice to survivors,". Ms., April/May: 18 supra n 9. The International Tribunal for Rwanda has recently issued a historic international legal definition of rape and sexual violence. See As early as 1993, The Vienna Declaration and the Rome Statute for the International Criminal Court also paid careful attention to forced impregnation.
20. Wallimann and Dobkowsi, eds. 1987. "A typology of genocide," ”. In Genocide and the Modem Age: Etiology and Case Studies of Mass Death, NY: Greenwood Press. Kurt Jonassohn and Frank Chalk have included genocides in which "the group" is initially a complete invention of the perpetrators' imaginations within their typology of genocide. See
21. Goldstein writes, 'To watch helplessly as someone you love is tortured may be as bad or worse than being tortured yourself and international law should be able to reach and punish such harms." See p 22..
22. Wing, Adrien Katherine, and Merchan, Sylke. 1993. "Rape, ethnicity and culture: spirit injury from Bosnia to black America,". in Columbia Human Rights Law Review, 25 (1)
23. Seifert, Ruth. 1993. "War and rape: a preliminary analysis," ”. In Mass Rape: The War Against Women in Bosnia-Herzegovina, Lincoln: University of Nebraska Press.
24. Carpenter, Robyn. 2000. "Surfacing children: limitations of genocidal rape discourse,". Human Rights Quarterly, 22 (2) May: 428–477.
25. Kuper, Leo. 1985. The Prevention of Genocide, New Haven: Yale University Press.
26. Lemkin, Raphael. 1944. Axis Rule in Occupied Europe, Washington: Carnegie Endowment for World Peace.
27. Robinson, Nehemiah. 1960. The Genocide Convention: A Commentary, 58New York: Institute of Jewish Affairs.
28. Smith, Roger. 1987. "Human destructiveness and politics: the twentieth century as an age of genocide," ”. In Genocide and the Modern Age: Etiology and Case Studies of Mass Death, Edited by: Wallimann, Isidor, and Dobkowski, Michael N., 22New York: Greenwood Press.
29. Pascoe, Peggy. 1996. "Miscegenation law, court cases and ideologies of 'race' in twentieth century America,". in Journal of American History, June
30. Bagley, Christopher, and Young, Loretta. 1984. "The welfare, adaptation and identity of children from intercultural marriage," ”. In Race Relations and Cultural Difference, Edited by: Verma, Gajendra K., and Bagley, Christopher. 250London: Croom Helm.
31. Chalk and Jonassohn. A History and Sociology of Genocide 30 Especially, see
32. Chalk, Frank. 1994. "Redefining genocide," ”. In Genocide: Conceptual and Historical Dimensions, Edited by: Andreopoulos, George. Philadelphia: University of Pennsylvania Press.
33. Dzombic, S., 1992. "Go and give birth to Chetniks,". Vecernji List, November 25
34. Allen. Rape Warfare 87 See, in particular
35. MacKinnon, Catherine. 1993. Paper presented at the American Society of International Law Annual Meeting. April31993, Washington, DC.
36. Connor, Walker. "A nation is a nation …," ”. 37
37. Hobsbawn, Eric, and Ranger, Terence, eds. 1983. The Invention of Tradition, Cambridge: CUP. Introduction
38. Anderson, Benedict. 1991. Imagined Communities, London: Verso.
39. Pettman, Jan. 1996. Worlding Women, London: Routledge. For an good overview see
40. Anthias, Floya, and Yuval-Davis, Nira. 1994. "Women and the nation-state," ”. In Nationalism: A Reader, Edited by: Hutchinson, John, and Smith, Anthony. NY: Oxford.
41. See Salzman, "Rape camps as a means of ethnic cleansing" on responses to rape victims and their children.
42. See Alien, Rape Warfare, who argues that children of genocidal rape are actually weapons of biological warfare.
43. Horowitz, Donald. 1973. "Color differentiation in the American system of slavery,". in Journal of Interdisciplinary History, 3 (3)
44. Degler, Carl. 1971. Neither Black Nor White: Slavery and Race Relations in Brazil and the United States, 192NY: Macmillan Publishing.
45. Meznaric, Silva. 1994. "Gender as ethno-marker: rape, war and identity politics in the former Yugoslavia," ”. In Identity Politics and Women: Cultural Reassertion and Feminism in International Politics, Edited by: Moghaden, Valentine. 92Boulder: Westview. Allen, p 91
46. Rozario, Santi. 1997. "Disasters and Bangladeshi women," ”. In Gender and Catastrophe, Edited by: Lentin, Ronit. London: Zed Books.
47. Malik, Amita. 1972. Year of the Vulture, 152New Delhi: Orient Longman.
48. Brownmiller. 1975. Against Our Will: Men, Women and Rape 79–83. Bantam
49. Nowrojee, Bianifer. 1996. Human Rights Watch/Africa, Human Rights Watch Women's Rights Project, and Federation Internationale des Ligues des Droits de l'homme, Shattered Lives: Sexual Violence during the Rwandan Genocide and its Aftermath, 79NY: Human Rights Watch/Africa.
50. Hammer, Joshua. 1996. "Born under a bad sign,". Newsweek, September 23: 50
51. "The convention on the rights of the child,". UNESCO Courier, October 1991: 41
52. Mencke, John. 1979. Mulattoes and Race Mixture: American Attitudes and Images, 1865-1918, 28UMI Research Press.
53. Wenkart, Antonia. 1973. "The child meets the world," ”. In The Child's Discovery of Himself, Edited by: Moustakas, Clark. NY: Jason Aronson, Inc.
54. Ainsworth, M. D. S., 1962. "The effects of maternal deprivation," ”. Public Health paper No 14 Geneva: World Health Organization.
55. Britton, R., 1978. "The deprived child,". The Practitioner, 371 September
56. Britton, Ronald. 1983. "Breakdown and reconstitution of the family circle," ”. In Psychotherapy with Severely Deprived Children, Edited by: Boson, Mary, and Szur, Rolene. 105London: Routledge and Kegan Paul.
57. Day, Beth. 1974. Sexual Life Between Blacks and Whites: The Roots of Racism, NY: Thomas Crowell Company. Day debunks the myth that mixed-race children are inherently maladjusted, citing the advantages of belonging to both races
58. MacKinnon, Catherine. 1994. "Rape, genocide, and women's human rights," ”. In Mass Rape: The War Against Women in Bosnia-Herzegovina, 191University of Nebraska. For example, on the Serb rapes of Bosnian Muslim women, see
59. Green, Jennifer. 1994. "Affecting the rules for the prosecution of rape and other gender-based violence before the international criminal tribunal for the former Yugoslavia: a feminist proposal and critique,". Hastings Women's Law Journal, 5 (2): 194 "Croatian and Muslim women are being raped to help make a Serbian state by making Serbian babies"; Goldstein, p 27: "A woman who is forcibly impregnated must perform … the gestation of her captor's child" "Impregnating women with children of another ethnicity is a measure intended to prevent births within the group." (All italics added by author unless otherwise indicated.)
60. Thompson, John. "Genocide as boundary-crossing behavior,". Internet on the Holocaust and Genocide, 21 (special issue) June 1989: 1–9.
61. Connor, Walker. 1978. "A nation is a nation, is a state, is an ethnic group, is a …,". Ethnic and Racial Studies, 1 (4): 379
62. Renan, Ernest. 1882. Qu'est-ce qu'une nation?, Edited by: Snyder, Ida Mae. 26Paris: Calmann-Levy. "common suffering is greater than happiness … national sorrows are more significant than triumphs because they impose obligations and demand a common effort."
63. Fein, Helen. 1994. "Genocide, terror, life integrity and war crimes: the case for discrimination," ”. In Genocide: Conceptual and Historical Dimensions, Edited by: Andrepoulos, George J., 102Philadelphia: University of Pennsylvania Press.
64. Calhoun, Craig. 1997. Nationalism, Minneapolis: University of Minnesota Press.
65. See Chalk and Johnasson, A History and Sociology of Genocide"; Charny, 'Toward a generic definition of genocide"; Smith, "Human destructiveness and politics"; Harff, "The etiology of genocides"; Fein, "Genocide, terror, life integrity, and war crimes.".
66. Stigalmeyer, Alexandra. "The rapes in Bosnia-Herzegovina," ”. In Mass Hope: The War Against Women in Bosnia-Herzegovina 85
67. See Wing and Merchan, "Rape, ethnicity and culture"; Fisher, "Occupation of the womb"; Goldstein, "Recognizing forced impregnation as a war crime.".
68. See Carpenter, "Surfacing children."
69. Sharlach, Lisa. 2000. "Rape as genocide: Bangladesh, the former Yugoslavia, and Rwanda,". New Political Science, 22 (1) March: 89–102. Some evidence suggests that although rape was systematic in Rwanda, forced impregnation was incidental rather than planned. See This may implicate treating it as genccidal in the Rwandan context, because of the intent clause in the Genocide Convention. The outcome for the children, however, has been similar to other genocides