
Contents
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1. Introduction 1. Introduction
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2. Recent Social-Science Findings on Sexual Violence during Conflict: Policy or Practice 2. Recent Social-Science Findings on Sexual Violence during Conflict: Policy or Practice
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2.1. Rape as a practice of war 2.1. Rape as a practice of war
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2.2. Conditions for rape as a practice to be frequent 2.2. Conditions for rape as a practice to be frequent
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2.2.1. Why combatants would participate in rape as a practice 2.2.1. Why combatants would participate in rape as a practice
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2.2.2. Why commanders tolerate rape as a practice 2.2.2. Why commanders tolerate rape as a practice
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2.3. Telling the difference between sexual violence as a policy and a practice 2.3. Telling the difference between sexual violence as a policy and a practice
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3. Implications for Investigation and Prosecution 3. Implications for Investigation and Prosecution
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3.1. Is sexual violence as a “practice” an atrocity crime? 3.1. Is sexual violence as a “practice” an atrocity crime?
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3.2. Sexual violence as a “practice” and gender analysis 3.2. Sexual violence as a “practice” and gender analysis
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3.3. Sexual violence as a practice and investigations 3.3. Sexual violence as a practice and investigations
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3.3.1 General investigative approach 3.3.1 General investigative approach
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3.3.2. Evidence and proof of sexual crimes 3.3.2. Evidence and proof of sexual crimes
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3.4. Sexual violence as a practice and prosecution 3.4. Sexual violence as a practice and prosecution
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3.4.1. Characterizing (charging) sexual violence 3.4.1. Characterizing (charging) sexual violence
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3.4.2. Choice of defendants and modes of liability 3.4.2. Choice of defendants and modes of liability
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3.4.3. Command/superior responsibility 3.4.3. Command/superior responsibility
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3.4.4 Aiding and abetting 3.4.4 Aiding and abetting
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3.4.5. Joint criminal enterprise III and common purpose 3.4.5. Joint criminal enterprise III and common purpose
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3.5. Alternate accountability options 3.5. Alternate accountability options
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4. Conclusion 4. Conclusion
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References References
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27 Sexual Violence as a Practice of War: Implications for the Investigation and Prosecution of Atrocity Crimes
Get accessKim Thuy Seelinger is Research Associate Professor at the Brown School of Social Work, Public Health and Social Policy at Washington University in St. Louis, where she also serves as Visiting Professor at the School of Law and inaugural Director of the Center for Human Rights, Gender and Migration. She focuses on accountability for, and protection from, sexual violence in armed conflict and forced displacement. Previously, she was a Lecturer in Law and founding director of the Sexual Violence Program at the Human Rights Center, University of California, Berkeley School of Law (2010–2019). In 2021 Seelinger was appointed by the Office of the Prosecutor of the International Criminal Court to serve as Special Adviser on Sexual Violence in Conflict.
Elisabeth Jean Wood is Crosby Professor of the Human Environment and Professor of Political Science at Yale University.
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Published:18 March 2022
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Abstract
This chapter analyzes the implications of recent social science on sexual violence by armed actors for the investigation and prosecution of atrocity crimes. It focuses on a fundamental challenge to both: rape and other forms of sexual violence may be committed frequently by members of an armed organization without being ordered or authorized as policy. This, we term a practice. When frequent, it is driven by the gender norms held by combatants and those held by commanders. Attention to these social dynamics enhances prosecutors’ gender analysis and investigation of an armed conflict, illuminating the relationships between different acts of violence. Charging sexual violence that occurs as a practice calls for specific characterizations of the offense and type of responsibility. Because it features complicity, tolerance, and foreseeability, modes of liability such as aiding and abetting, command/superior responsibility, and joint criminal enterprise are most relevant.
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