Praeda Preda, Desuetude of a Gendered Code.
Houngbedji, Marlene M.
- Submitted in partial fulfillment of the degree Masters of Law in International Law at the Fletcher School of Law and Diplomac. Abstract: VICTIMS OF SEXUAL VIOLENCE: FROM SPOILS OF WAR TO FULL SUBJECTS OF INTERNATIONAL LAW Evolution of the Criminalization of War Time Rape from 1945 to the Present and the Gendered Perspective on Human Security. Women’s legal status in times of war has historically ... read morebeen that of objects available to the conquering males; sexual violence perpetrated on those spoils of war (or in Latin, Praeda Preda) was a legitimate prerogative of the combatant and a victor’s right. It was not until two major intra-state wars confounded the international community both by their intensity and their brutality that the latter’s transformation into full subjects of international law occurred. This paper seeks to analyze the evolution of the legal status of victims of wartime sexual violence that has resulted from legal developments of the past twenty years. It explores their shift from objects to subjects of international law as having occurred within the context of the emergence of an individualized perspective on security. Contending that supranational criminal prosecution is crucial to preventing the systemic use of sexual violence in current and mostly intra-state conflicts, it also argues favor of the creation of an engendered human security paradigm informed by norms of refugee, human rights and humanitarian law as a legal tool against impunity.read less