집단강간

집단강간(集團強姦, genocidal rape)이란 전쟁 등의 상황에서 집단학살의 일환으로 적성세력에 대한 집단적 강간을 벌이는 행위로서 대량강간의 일종이다.^[1] 유고슬라비아 내전과 르완다 집단살해 당시 집단강간이 극심하여 그 개념이 국제적 중요성을 얻게 되었다.^[2] 전쟁강간은 인류의 역사에서 전쟁이 사라지지 않는 한 지속적으로 발생하고 또 발생하는 문제이지만, 그것은 어디까지나 전쟁에 의해 발생하는 부차적 결과이지, 강간 자체가 군사적 의도성과 목적성을 가진 것은 아니라는 데서 집단강간과 차이점을 갖는다.^[3]

집단강간으로 간주할 수 있는 대량강간 사례는 방글라데시 독립 전쟁 때 발생한 대량강간과 구유고슬라비아 내전 때의 강간공장, 르완다 학살 때 벌어진 강간 등을 꼽을 수 있다^[4]^[5]

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Genocidal rape
From Wikipedia

Genocidal rape is the action of a group which has carried out acts of mass rape and gang rapes, against its enemy during wartime as part of a genocidal campaign.[1] During the second Sino-Japanese war, the Holocaust,[2] Bangladesh Liberation War,[3][4][5][6] the Yugoslav Wars,[7] the Rwandan genocide,[4][8] the Congolese conflicts, the Iraqi Civil War, South Sudanese Civil War, the Rohingya genocide, and the Uyghur genocide,[9][10] the mass rapes that had been an integral part of those conflicts brought the concept of genocidal rape to international prominence.[11] Although war rape has been a recurrent feature in conflicts throughout human history, it has usually been looked upon as a by-product of conflict, and not an integral part of military policy.[12]

The acts of violence which were committed against women during the Partition of India have also been cited as examples of genocidal rape.[13]

Contents
1Genocide debate
2Rape as genocide
3Documented instances
4Footnotes
5References
6Bibliography
7Further reading

Genocide debate[edit source]

Some scholars argue that the Convention on the Prevention and Punishment of the Crime of Genocide should state that mass rape is a genocidal crime.[14] Other scholars argue that genocidal rape is already included in the definition under article two[Note 1] of the convention.[11][15] Catherine MacKinnon argues that the victims of genocidal rape are used as a substitute for the entire ethnic group, that rape is used as a tool, with the target being the destruction of the entire ethnic group.[16]

Siobhan Fisher has argued that forced impregnation and not the rape itself constitutes genocide. She says, "Repeated rape alone is still ‘just' rape, but rape with the intent to impregnate is something more."[3][17] Lisa Sharlach argues that this definition is too narrow because these mass rapes should not be defined as genocide based solely on those raped having been forcibly impregnated.[3]

Rape as genocide[edit source]

According to Amnesty International, the use of rape during times of war is not a by-product of conflicts, but is a pre-planned and deliberate military strategy.[18] In the last quarter of a century, the majority of conflicts have shifted from wars between nation states to communal and intrastate civil wars. During these conflicts the use of rape as a weapon against the civilian population by state and non-state actors has become more frequent. Journalists and human rights organizations have documented campaigns of genocidal rape during conflicts in Former Yugoslavia, Sierra Leone, Rwanda, Liberia, Sudan, Uganda, and during the civil war in the Democratic Republic of the Congo.[19]

The strategic aims of these mass rapes are twofold. The first is to instill terror in the civilian population, with the intent to forcibly dislocate them from their property. The second is to degrade the chance of possible return and reconstitution by having inflicted humiliation and shame on the targeted population and to decrease social cohesion of a targeted group. These effects are strategically important for non-state actors, as it is necessary for them to remove the targeted population from the land. Rape as genocide is well suited for campaigns which involve ethnic cleansing and genocide, as the objective is to destroy, or forcefully remove the target population, and ensure they do not return.[19]

One objective of genocidal rape is forced pregnancy, so that the aggressing actor not only invades the targeted population's land, but their bloodlines and families as well. However, those unable to bear children are also subject to sexual assault. Victims' ages can range from children to women in their eighties.[20][21]

Documented instances[edit source]
Main article: Wartime sexual violence

Armin Wegner's description: "the Armenian women and girls are generally very beautiful. Looking at you is the dark [and] beautiful face of Babesheea who was robbed by Kurds, raped, and freed only after ten days; like a wild beast the Turkish soldiers, officers, soldiers, and gendarmes swept down on this welcome prey. All the crimes that had ever been committed against women, were committed here. They cut off their breasts, mutilated their limbs, and their corpses lay naked, defiled, or blackened by the heat on the fields."[22]

In the Democratic Republic of the Congo (DRC) it is estimated that in 2011 alone there were 400,000 rapes.[23] In the DRC, genocidal rape is focused on the destruction of family and communities. An interview with a survivor gave an account of gang rape, forced cannibalism of a fetus taken from an eviscerated woman, and child murder.[24]

During the 1971 Bangladesh Liberation War, members of the Pakistani military and supporting Bihari and Razaker militias raped between 200,000 [25] and 400,000[26] Bangladeshi women in a systematic campaign of genocidal rape. Some women may have been raped as many as eighty times in a night.[27]

In the ongoing War in Darfur the Janjaweed militias have carried out actions described as genocidal rape, with not just women, but children also being raped, as well as babies being bludgeoned to death and the sexual mutilation of victims being commonplace.[28]

During the Second Sino-Japanese War the Imperial Japanese Army during the Battle of Nanking carried out what has come to be known as the Rape of Nanking, which has been described by Adam Jones as "one of the most savage instances of genocidal rape". The violence saw tens of thousands of women gang raped and killed.[29] The International Military Tribunal for the Far East estimated that 20,000 women were raped, including infants and the elderly.[30]

A large portion of these rapes were systematized in a process where soldiers would search door-to-door for young girls, with many women taken captive and gang raped.[31] The women were often killed immediately after being raped, often through explicit mutilation [32] or by stabbing a bayonet, long stick of bamboo, or other objects into the vagina. Young children were not exempt from these atrocities, and were cut open to allow Japanese soldiers to rape them.[33]

On 19 December 1937, the Reverend James M. McCallum wrote in his diary:[34]

I know not where to end. Never I have heard or read such brutality. Rape! Rape! Rape! We estimate at least 1,000 cases a night, and many by day. In case of resistance or anything that seems like disapproval, there is a bayonet stab or a bullet ... People are hysterical ... Women are being carried off every morning, afternoon and evening. The whole Japanese army seems to be free to go and come as it pleases, and to do whatever it pleases.

During the Rwandan genocide the violence took a gender specific form, with women and girls being targeted in a systematic campaign of sexual assault. It is estimated that between 250,000 and 500,000 were victims of rape.[35][23] Those who survived the genocidal rape found themselves stigmatised, and many also discovered that they were infected with HIV. This has resulted in these women being denied their rights to property and inheritance as well as their employment chances being restricted.[36] The first woman charged and convicted for genocidal rape was Pauline Nyiramasuhuko.[37]

In 1996 Beverly Allen wrote Rape Warfare: The Hidden Genocide in Bosnia-Herzegovina and Croatia in which the term genocidal rape was first introduced, she used the term to describe the actions of the Serbian armed forces who had a policy of rape with the intention of genocide.[38] In her book she compares genocidal rape to biological warfare.[39] During the conflict in Bosnia Allen gave a definition of genocidal rape as "a military policy of rape for the purpose of genocide currently practiced in Bosnia-Herzegovina and Croatia by the Yugoslav army the Bosnian Serb forces and the irregular Serb forces known as Chetniks".[40]

Coverage of the mass rapes during the ethnic cleansing carried out by the Serbian forces in the 1990s began the analysis over the use of rape as a part of genocide. Catherine MacKinnon argues that the mass rapes during the conflict "were a simultaneous expression of misogyny and genocide", and argues that rape can be used as a form of extermination.[Note 2][3][41]

Footnotes[edit source]

^ "...any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:(a) Killing members of the group;(b) Causing serious bodily or mental harm to members of the group;(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;(d) Imposing measures intended to prevent births within the group;(e) Forcibly transferring children of the group to another group. Convention on the Prevention and Punishment of the Crime of Genocide, Article 2"
^ "It is also rape unto death, rape as massacre, rape to kill and to make the victims wish they were dead. It is rape as an instrument of forced exile, rape to make you leave your home and never want to go back. It is rape to be seen and heard and watched and told to others: rape as spectacle. It is rape to drive a wedge through a community, to shatter a society, to destroy a people. It is rape as genocide"

References

^ Totten & Bartrop 2007, pp. 159–160.
^ "Sexual Violence in the Holocaust: Perspectives from Ghettos and Camps in Ukraine".
^ Jump up to:a b c d Sharlach 2000, pp. 92–93.
^ Jump up to:a b Sajjad 2012, p. 225.
^ Ghadbian 2002, p. 111.
^ Mookherjee 2012, p. 68.
^ "Rape and Rape Avoidance in Ethno-National Conflicts: Sexual Violence in Liminalized States on JSTOR".
^ Sharlach 2000, p. 90.
^ "China breaching every article in genocide convention, says legal report on Uighurs | Uighurs | The Guardian".
^ "'Credible' case of Chinese government genocide against Uighur Muslims, say lawyers | The Independent".
^ Jump up to:a b Miller 2009, p. 53.
^ Fisher 1996, pp. 91–133.
^ R. Brass, Paul (2003). "The partition of India and retributive genocide in the Punjab, 1946–47: means, methods, and purposes". Journal of Genocide Research. 5: 71–101. doi:10.1080/14623520305657.
^ Sharlach 2000, pp. 89–102.
^ Totten & Bartrop 2007, p. 159.
^ MacKinnon 2006, pp. 209–233.
^ Bisaz 2012, pp. 90–91.
^ Smith-Spark 2012.
^ Jump up to:a b Leaning, Bartels & Mowafi 2009, p. 174.
^ "Genocide Watch- Ten Stages of Genocide".
^ Smith 2013, p. 94.
^ Ihrig, Stefan (2016). Justifying Genocide: Germany and the Armenians from Bismark to Hitler. Harvard University Press. pp. 200–201. ISBN 978-0-674-50479-0.
^ Jump up to:a b Poloni-Staudinger & Ortbals 2012, p. 21.
^ Joeden-Forgey 2010, p. 74.
^ Saikia 2011b, p. 157.
^ Riedel 2011, p. 10.
^ Brownmiller 1975, p. 83.
^ Rothe 2009, p. 53.
^ Jones 2006, p. 329.
^ Paragraph 2, p. 1012, Judgment International Military Tribunal for the Far East.
^ "Japanese Imperialism and the Massacre in Nanjing: Chapter X: Widespread Incidents of Rape". Museums.cnd.org. Retrieved 6 March2011.
^ "A Debt of Blood: An Eyewitness Account of the Barbarous Acts of the Japanese Invaders in Nanjing," 7 February 1938, Dagong Daily, Wuhan edition Museums.cnd.org
^ Gao Xingzu; Wu Shimin; Hu Yungong; Cha Ruizhen. Japanese Imperialism and the Massacre in Nanjing. Chapter X: Widespread Incidents of Rape. Museums.cnd.org. Retrieved 11 October 2012.
^ Hua-ling Hu, American Goddess at the Rape of Nanking: The Courage of Minnie Vautrin, 2000, p.97
^ Eftekhari 2004, p. 7.
^ De Brouwer 2010, p. 19.
^ Fielding 2012, p. 25.
^ Card 2008, pp. 176–189.
^ Allen 1996, p. 131.
^ Vetlesen 2005, pp. 196–200.
^ Russell-Brown 2003, p. 1.

Bibliography

Allen, Beverly (1996). Rape Warfare: The Hidden Genocide in Bosnia-Herzegovina and Croatia. University of Minnesota Press. ISBN 978-0816628186.
Askin, Kelly Dawn (1997). War Crimes Against Women: Prosecution in International War Crimes Tribunals. Martinus Nijhoff Publishers. ISBN 978-90-411-0486-1.
Bisaz, Corsin (2012). The Concept of Group Rights in International Law: Groups as Contested Right-Holders, Subjects and Legal Persons. Martinus Nijhoff. ISBN 978-9004228702.
Brownmiller, Susan (1975). Against Our Will: Men, Women, and Rape. Simon & Schuster. ISBN 978-0-449-90820-4.
Card, Claudia (2008). "The Paradox of Genocidal Rape Aimed at Enforced Pregnancy". The Southern Journal of Philosophy. S1 (46): 176–189. doi:10.1111/j.2041-6962.2008.tb00162.x.
De Brouwer, Anne-Marie (2010). "Introduction". In Anne-Marie De Brouwer, Sandra Ka Hon Chu (ed.). The Men Who Killed Me: Rwandan Survivors of Sexual Violence. Douglas & McIntyre. ISBN 978-1553653103.
Eftekhari, Shiva (2004). Rwanda, Struggling to Survive: Barriers to Justice for Rape Victims in Rwanda. Human Rights Watch.
Fielding, Leila (2012). Female Génocidaires: What was the Nature and Motivations for Hutu Female. GRIN Verlag. ISBN 978-3656324409.
Fisher, Siobhán K. (1996). "Occupation of the Womb: Forced Impregnation as Genocide". Duke Law Journal. 46 (1): 91–133. doi:10.2307/1372967. JSTOR 1372967.
Ghadbian, Najib (2002). "Political Islam: Inclusion or violence?". In Kent Worcester; Sally A. Bermanzohn; Mark Ungar (eds.). Violence and Politics: Globalization's Paradox. Routledge. ISBN 978-0-415-93111-3.
Joeden-Forgey, Elisa Von (2010). "Gender and Genocide". In Donald Bloxham, A. Dirk Moses (ed.). The Oxford Handbook of Genocide Studies. Oxford University Press. ISBN 978-0199232116.
Jones, Adam (2006). Genocide: A Comprehensive Introduction. Routledge. ISBN 978-0415353847.
Leaning, Jennifer; Bartels, Susan; Mowafi, Hani (2009). "Sexual Violence during War and Forced Migration". In Susan Forbes Martin, John Tirman (ed.). Women, Migration, and Conflict: Breaking a Deadly Cycle. Springer. pp. 173–199. ISBN 978-9048128242.
Miller, Sarah Clark (2009). "Atrocity, Harm, and resistance". In Andrea Veltman, Kathryn Norlock (ed.). Evil, Political Violence, and Forgiveness: Essays in Honor of Claudia Card. Lexington. pp. 53–76. ISBN 978-0739136508.
MacKinnon, Catherine A. (2006). "Genocide Rape Is Different Than War Rape". Center on Law & Globalization.
Mookherjee, Nayanika (2012). "Mass rape and the inscription of gendered and racial domination during the Bangladesh War of 1971". In Raphaelle Branche; Fabrice Virgili (eds.). Rape in Wartime. Palgrave Macmillan. ISBN 978-0-230-36399-1.
Poloni-Staudinger, Lori; Ortbals, Candice D. (2012). "Rape as a Weapon of War and Genocide". Terrorism and Violent Conflict: Women's Agency, Leadership, and Responses. Springer. ISBN 978-1461456407.
Riedel, Bruce O. (2011). Deadly Embrace: Pakistan, America, and the Future of the Global Jihad. Brookings Institution. ISBN 978-0-8157-0557-4.
Rothe, Dawn (2009). State Criminality: The Crime of All Crimes. Lexington. ISBN 978-0739126721.
Russell-Brown, Sherrie L. (2003). "Rape as an Act of Genocide". Berkeley Journal of International Law. 21 (2).
Saikia, Yasmin (2011b). "War as history, humanity in violence: Women, men and memories of 1971, East Pakistan/Bangladesh". In Elizabeth D. Heineman (ed.). Sexual Violence in Conflict Zones: From the Ancient World to the Era of Human Rights. University of Pennsylvania Press. pp. 152–170. ISBN 978-0-8122-4318-5.
Sajjad, Tazreena (2012). "The Post-Genocidal Period and its Impact on Women". In Samuel Totten (ed.). Plight and Fate of Women During and Following Genocide (Reprint ed.). Transaction. pp. 219–248. ISBN 978-1412847599.
Sharlach, Lisa (2000). "Rape as Genocide: Bangladesh, the Former Yugoslavia, and Rwanda". New Political Science. 1 (22): 89–102. doi:10.1080/713687893.
Smith, Roger W. (2013). "Genocide and the Politics of Rape". In Joyce Apsel, Ernesto Verdeja (ed.). Genocide Matters: Ongoing Issues and Emerging Perspectives. Routledge. pp. 82–105. ISBN 978-0415814966.
Smith-Spark, Laura (8 December 2004). "How did rape become a weapon of war?". British Broadcasting Corporation. Retrieved 29 December 2013.
Totten, Samuel; Bartrop, Paul R. (2007). Dictionary of Genocide. Greenwood. ISBN 978-0313329678.
Vetlesen, Arne Johan (2005). Evil and Human Agency: Understanding Collective Evildoing. Cambridge University Press. ISBN 978-0521673570.

Further reading

Ruby Reid-Cunningham, Allison (2008). "Rape as a Weapon of Genocide". Genocide Studies and Prevention. 3 (3): 279–296. doi:10.3138/gsp.3.3.279.
Schott, Robin May (2011). "War rape, natality and genocide". Journal of Genocide Research. 13 (1–2): 5–21. doi:10.1080/14623528.2011.559111.

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동아시아의 평화와 화해의 정치학 Scrapbook

2021-09-14

유고슬라비아 전시강간 문제 - 집단강간(集團強姦, genocidal rape)

집단강간

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