Looting and Rape in Wartime

University of Pennsylvania Press · Books & Media

Looting and Rape in Wartime

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Women were historically treated in wartime as property. Yet in the Hague Conventions of 1899 and 1907, prohibitions against pillaging property did not extend to the female body. There is a gap of nearly a hundred years between those early prohibitions of pillage and the prohibition of rape finally enacted in the Rome Statute of 1998. In Looting and Rape in Wartime , Tuba Inal addresses the development of these two separate "prohibition regimes," exploring why states make and agree to laws that determine the way war is conducted, and what role gender plays in this process. Inal argues that three conditions are necessary for the emergence of a global prohibition regime: first, a state must believe that it is necessary to comply with the prohibition and that to do otherwise would be costly; second, the idea that a particular practice is undesirable must become the norm; finally, a prohibition regime emerges with state and nonstate actors supporting it all along the way. These conditions are met by the prohibition against pillage, which developed from a confluence of material circumstances and an ideological context: the nineteenth century fostered ideas about the sanctity of private p

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