The Prohibition of Rape in International Humanitarian Law as a Norm of Jus Cogens: Clarifying the Doctrine

David S. Mitchell

Duke journal of comparative & international law · 2005 · 42 citations · 0 references

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Abstract

In the law, it is not the obvious that needs be specified, but the ambiguous that must be clarified."The recent abuse of Iraqi prisoners by American soldiers at Abu Ghraib prison, including sexual violence and torture, shocked the public conscience. 2 Photographs appearing on the front page of every major news source in the world vividly depicted a pattern of systematic, sexualized abuse that wrenched the private horrors of war into the public sphere. 3Yet these images represent nothing new: rape,