RAPE UNDER INTERNATIONAL LAW: A FEMINIST ANALYSIS

Abstract

This dissertation examines international law’s response to the global pandemic of rape—i.e. the global rape culture. It argues that the international legal system does not adequately respond to rape and the needs of rape survivors. Particularly, it fails to explicitly prohibit all rape, define states’ due diligence obligations to address rape, and to hold states responsible when they do not meet their international obligations to address rape. Consequently, the international legal system does not only fail to effectively combat rape culture; it in fact contributes to it. Using feminist legal theory, this thesis argues that international law could better respond to rape by adopting a number of gender sensitive solutions that incorporate the realities of rape and the experiences and needs of rape survivors.