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. Thewritings of contemporary international law scholars display a more complexpicture when it comes to protecting women from violence.
Although the terminology "sexualviolence" and an analysis of the prohibition presents difficulties,wartime rape was not only discussed in the context of classical internationallaw of war. The prohibition of sexual violence also went hand in hand with theemerging notion of "humanity" in international law, the doctrine ofintervention, or the debate on the prohibition of colonial soldiers in Europeanwars.
The aim of this presentation is to examinethe legal situation of this regime in armed conflicts at the time of the Hague Conferencethrough an analysis of the academic and diplomatic debates around selectedevents in international politics of the preceding decades. Beginning with theacademic institutionalization of international law in the 1870s, the motives,goals, and legal consequences of international law scholars' preoccupation withthe protection of women will be examined.
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