Ressource pédagogique : Anastasia Hammerschmied - Violence, Gender, Warfare: Origins of an International Legal Regime in the 19th Century

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"The honor and rights of the family ... must be respected", states Article 46 of the Hague Convention of 1899/1907, a phrase used by earlier studies on sexual violence in war to reject a "prohibition of rape" in nineteenth-century international law. The writings of contemporary international law scholars display a more complex picture when it comes to protecting women from violence. Although the terminology "sexual violence" and an analysis of the prohibition presents difficulties, wartime rape was not only discussed in the context of classical international law of war. The prohibition of sexual violence also went hand in hand with the emerging notion of "humanity" in international law, the doctrine of intervention, or the debate on the prohibition of colonial soldiers in European wars. The aim of this presentation is to examine the legal situation of this regime in armed conflicts at the time of the Hague Conference through an analysis of the academic and diplomatic debates around selected events in international politics of the preceding decades. Beginning with the academic institutionalization of international law in the 1870s, the motives, goals, and legal consequences of international law scholars' preoccupation with the protection of women will be examined.

"Domaine(s)" et indice(s) Dewey

• Droit international (341)

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