Universiteit van Amsterdam
MA Holocaust and Genocide Studies Camille Gianna Leur
Student Number: 12304239 January , 2021
Sexual Violence and the ICTY
-
a comparative analysis of male and female witnesses in
court
Supervisor: Laurien Vastenhout
Abstract
While men have frequently fallen victim to sexual violence in multiple forms during periods of conflict, this violence is often overlooked by researchers and generally mentioned only as a side note to research on sexual violence perpetrated against women. The first international court to prosecute crimes of wartime sexual violence was the International Criminal Tribunal of the former Yugoslavia (ICTY), which tried crimes involving both male and female victims. This thesis attempts to answer the question of ‘How did gender and the way it was perceived in the former Yugoslavia influence the ways in which witnesses testified at the ICTY on sexual violence?’ To examine how gender in the former Yugoslavia influenced the witnesses’ testimonies on sexual violence, this thesis uses an interdisciplinary approach that combines gender studies theories on the social construct of gender and how it influences society, with existing historical and anthropological research on the former Yugoslavia and the ICTY documents and court transcripts from three ICTY trials. In doing so it shows how
the perception of gender influenced the social stigma that survivors of sexual violence faced and how the terminology used by the ICTY excluded male victims from rape.
Table of contents
1. Introduction
1.1. Historiography 3
1.2. Sexual violence and the ICTY 6
1.3. Sources and methodology 9
1.4. Structure of the thesis 11
2. Gender structures 13
2.1. Linguistic structures 14
2.2. Gender as a social structure 17
2.3. Toxic masculinity 18
2.5. Conclusion 20
3. The Former Yugoslavia 22
3.1. Cultural frame of the former Yugoslavia 22
3.2. Sexual violence 27
3.3. Perception after the war 34
3.4. Conclusion 39 4. ICTY 41 4.1. ICTY 41 4.2. ICTY regulations 44 4.3. Conclusion 49 Conclusion 51 Bibliography 55
1. Introduction
January 15, 1993, the New York Times headlined an article with the title ‘The Balkans Rapes: a Legal Test for the Outraged’ .1 The article drew attention to the large number of rapes of women in Bosnia and Herzegovina during the disintegration of Yugoslavia and questioned how these crimes could be prosecuted under international law. Due to the enormous number of cases, and the efforts of women's advocacy groups and human rights organisations to seek justice for these women, the conflict marked a shift in how wartime rape is seen.
For a long time, rape was considered a by-product of war. According to Doris E. Buss, this vision was widely accepted until the 1990s, when it became the subject of much debate. The mass rapes that took place in both former Yugoslavia and in Rwanda led sexual violence to be considered a tool of war, instead of just a by-product. 2With this change in the perception of sexual violence came the call from human rights organisations and other activists for these crimes to be brought to trial under international law.3
The first international court to prosecute crimes of wartime sexual violence was the International Criminal Tribunal of the former Yugoslavia (ICTY), established in 1993. The ICTY has, according to its own statement, “ played a historic role in the prosecution of wartime sexual violence in the former Yugoslavia and has paved the way for a more robust adjudication of such crimes worldwide.”4The ICTY had survivors
5of sexual violence testify in
court, and a third of those convicted by the ICTY were sentenced for crimes of sexual violence, which means the ICTY has the numbers to support its statement.6
The New York Times article fails entirely to mention the male victims of sexual violence during the conflict in former Yugoslavia. However, it was not alone in neglecting to mention male victims. Research on sexual violence has often been limited to cases involving female victims and male perpetrators. Sandesh Sivakumaran, a professor at the University of Nottingham who specialised in humanitarian law and conflict, writes that even though sexual violence against men has frequently happened in conflict in multiple forms, it is often
1 Tamar Lewin, “The Balkans rapes: a legal test for the outraged,” The New York Times, January 15,
1993, 16,
https://www.nytimes.com/1993/01/15/news/the-balkans-rapes-a-legal-test-for-the-outraged.html
2Doris E. Buss, “Rethinking ‘Rape as a Weapon of War’,” Feminist Legal Studies 17, no. 2 (2019):
147.
3 Buss, “Rethinking ‘Rape as a Weapon of War’,” 147; Catharine A MacKinnon, "Rape, Genocide, and
Women's Human Rights," Harvard Women's Law Journal 17, (1994): 8,11-13; Lisa Sharlach, “Rape as Genocide: Bangladesh, the Former Yugoslavia, and Rwanda,” New Political Science 22, no. 1 (March 2000): 98; Douglas Page, and Samuel Whitt, “Confronting Wartime Sexual Violence: Public Support for Survivors in Bosnia,” Journal of Conflict Resolution 64, no. 4 (April 2020): 676.
4 “Crimes of Sexual Violence,” International Criminal Tribunal for the former Yugoslavia, accessed
May 20, 2020, https://www.icty.org/en/features/crimes-sexual-violence.
5 According to Jessica Williamson and Kelly Serna when speaking about sexual violence victims the
term ‘survivors’ is often used. Doing so in the context of a dialogue is meant to empower those who have experienced sexual assault by referring to them as survivors rather than as victims, as the label of ‘victim’ suggests a passive attitude towards the assault and recovery while the term ‘survivor’ implies strength of will and resistance.
Jessica Williamson, and Kelly Serna, “Reconsidering Forced Labels: Outcomes of Sexual Assault Survivors Versus Victims (and Those Who Choose Neither).” Violence Against Women 24, no. 6 (May 2018): 668–83.
overlooked by researchers and is commonly mentioned only as a side note in research on sexual violence perpetrated against women.7
According to law professor Dr Sandesh Sivakumaran, in many cases, women are perceived as the victims of sexual violence, while men are perceived as the dominant aggressors. This prejudice is unhelpful as it perpetuates the idea that men are rarely victims of sexual violence.8However, that doesn’t mean that men cannot fall prey to sexual violence. In fact, wartime sexual violence has also claimed a large number of male victims, as was the case in the former Yugoslavia.
In the prosecution of wartime sexual violence, the ICTY has successfully convicted individuals for sexual crimes perpetrated against both men and women, and has therefore not overlooked crimes against men. First of all, this thesis will explore differences between cases of sexual violence against women and men in the trials of the ICTY, how each gender was influenced by the stigma of that violence and how that stigma may have affected the testimonies these individuals provided during the trials. In order to examine these differences, this introductory chapter will first provide a historiography. This will be followed by a brief description of the ICTY and the type of sexual crimes it prosecutes, as well as an explanation of the sources and methodology used in the thesis. Finally, it will give an overview of the main body of the thesis.
1.1. Historiography
In the 1990s, multiple primarily feminist scholars started focusing on the use of sexual violence as a weapon during armed conflict, thus breaking away from the idea that sexual violence was a by-product of war. Scholars such as Catharina A. MacKinnon, Lisa Sharlach and Doris E. Buss argued that sexual violence in conflict should be seen as a weapon used against whole communities, and not just against the victims themselves.9 In 1994, legal scholar Catharina A. MacKinnon argued that in some cases, for instance in the former Yugoslavia, mass sexual violence can be considered a tool of genocide. 10Other legal scholars, including Sharlach, Buss and Sherrie L. Russell-Brown, have further researched this claim and seem to agree with MacKinnon that sexual violence in some cases (as in former Yugoslavia) does represent a form of genocide as defined by the Genocide Convention.11 They argue that by raping the women from one group, an essential part of the group is damaged. Due to the social, physical and psychological consequences, the groups’ ability to reproduce will be impaired. 12 This shift in the understanding of wartime sexual violence, from it being a by-product of war to it being considered as a strategic weapon, effectively opened the field up for more research, which has brought more attention to the subject over the past 30 years.
Not everyone agreed with the idea that sexual violence could be considered as a tool of war and an act of genocide. Misha Glenny, a British journalist specialising in Southeast 7 Sandesh Sivakumaran, “Sexual Violence Against Men in Armed Conflict,” European Journal of International law 18, no. 2 (2007): 253.
8 Sivakumaran, “Sexual Violence Against Men in Armed Conflict,” 253.
9 Buss, “Rethinking ‘Rape as a Weapon of War’,” 147; MacKinnon, “Rape, Genocide, and Women's
Human Rights,” 11-13; Sharlach, “Rape as Genocide,” 98.
10MacKinnon, "Rape, Genocide, and Women's Human Rights," 8,11-13.
11 Buss, “Rethinking ‘Rape as a Weapon of War’,” 147; MacKinnon, “Rape, Genocide, and Women's
Human Rights,” 8,11-13; Sharlach, “Rape as Genocide,” 98
Europe, still deemed sexual violence to be a by-product of war after the 1990s. He claimed that the trauma and social consequences of the rapes were greatly overstated after the Yugoslav wars. According to Glenny, sexual crimes were also perpetrated on a great scale during previous conflicts in the Balkans. In his book, ‘The fall of Yugoslavia, the third Balkan war’, Glenny states that Balkan women have always been subject to rape on a comparable scale during these conflicts.13 The only difference this time was the attention that the Yugoslavian conflict garnered from both Western media and researchers, which made the scale of the crime seem much worse, whereas Glenny believed that it was in fact similar to the level endured during previous conflicts in the region. Glenny’s book views sexual violence as something that always happens in conflict and thus should not be considered impactful. With this, Glenny was siding with the other side of the debate in considering sexual violence as merely a by-product of war.
More recently, scholars have started to include men in this debate as a forgotten victim group. Dr Sandesh Sivakumaran, specialist in international law, argues that even though there is plenty of source material, little has been written on male victims of sexual violence. Moreover, male victims have all too often been a mere footnote to research on sexual violence victims.14 Senior Researcher at the Harvard Law School Program on International Law and Armed Conflict Dustin A. Lewis writes that the lack of research into men as victims of sexual violence is harmful for international justice.15 Professor of International Relations, Marysia Zalewski, maintains that more scholars have become aware of the invisibility of male victims in policy papers and research, and argues that the narrow understanding of rape as vaginal penetration causes ineffective results in both prosecution and research. As a result of this, she claims that sexual crimes against men are often legally defined as ‘inhumane acts’, ‘cruel treatment’, ‘torture’, and ‘persecution’ instead of ‘rape’ or ‘sexual violence’.16 These scholars show how male victims are at last gaining recognition in the debate on sexual violence in conflict.
After being subjected to sexual violence, victims often face the obstacle of social stigmatisation. Fear of how they might be perceived often affects their ability to come forward about the crime and resume normal day-to-day life. Consequences for victims often vary from becoming a social outcast to being blamed for the crime or even falling victim to more violence or murder to avenge the loss of honour. 17 These social consequences can cause survivors to be more reluctant to report the crime. Men that fall victim to sexual violence often feel more stigmatised than women. According to American political scientist Elisabeth Jean Wood, men in most societies, even in peaceful, non-conflict societies, are reluctant to even report rape. 18 Sexual violence against men is often ‘homosexualised’, especially if the victim is from a region where the social norms prohibit homosexuality, as was the case in the former Yugoslavia. This fear of being associated with homosexuality in a society where homosexuality is socially rejected can cause victims to experience more
13 Misha Glenny, The Fall of Yugoslavia The Third Balkan War (London: Penguin,1996), 209. 14 Sivakumaran, “Sexual Violence Against Men in Armed Conflict,” 253-276.
15 Dustin A. Lewis, “Unrecognized victims: Sexual violence against men in conflict settings under
international law,” Wisconsin International Law Journal 27, no. 1 (2009): 1.
16 Marysia Zalewski, Paula Drumond, Elisabeth Prügl, and Maria Stern, Sexual violence against men in global politics (London: Routledge, 2018), 1-2.
17 Sharlach, “Rape as Genocide,” 98.
18 Elisabeth Jean Wood, “Variation in Sexual Violence during War,” Politics & Society 34, no. 3
extensive stigmatisation.19 To add to this, there is the idea that the victim’s masculinity is damaged by the event, as rape is often seen as something that only happens to women. 20 If it happens to men, they may receive less sympathy and lose status as a man.21
Wood further asserts that sexual violence that occurs during conflict is more often reported than sexual violence that occurs in peace time. She claims that due to the bigger scale and the level of displacement, the traditional norms are relaxed and the chance of seeing the perpetrator again is reduced. She also states that in wartime there are more resources to help and report on sexual violence due to the presence of humanitarian aid groups and international commissions.22 Zalewski agrees with Wood that even though male victims often don’t report crimes due to the shame and stigmatisation they face, the evidence and documentation of sexual violence towards men during periods of conflict is extensive compared with the amount of such material generated in peace time. Zalewski attributes the lack a research on male victims of sexual violence to a “female-specific approach to rape” and to a “fear of diverting already scarce funding from female victims”.23
Under international law, rape is a gender-neutral crime. However, sexual violence is never clearly defined.24 Rape is most often defined by international law and the international war crimes tribunals as “the coerced (under physical force or threat of physical force against the victim or a third person) penetration of the anus or vagina by the penis or another object, or of the mouth by the penis.” 25 This means that the definition of rape used in international law does not specify the gender of either the victim or the perpetrator. In 2001, the Rome Statute officially condemned rape as a crime against humanity. Section G of Article 7 classifies “Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” 26 as crimes against humanity. This meant that rapists who committed offences in any conflict on a broad scale could be tried and brought to justice. In 2001, the ICTY Kunarac court case used the following definition of rape in its judgement:
“The actus reus of the crime of rape in international law is constituted by: the sexual penetration, however slight: (i) of the vagina or anus of the victim by the penis of the perpetrator or any other object used by the perpetrator; or (ii) of the mouth of the victim by the penis of the perpetrator; where such sexual penetration occurs without the consent of the victim ... The mens rea is the intention to effect this sexual penetration, and the knowledge that it occurs without the consent of the victim.”27
19Page, and Whitt, “Confronting Wartime Sexual Violence,” 676. 20 Ibid, 679.
21 Ibid.
22 Wood, “Variation in Sexual Violence during War,” 319.
23Zalewski, Drumond, Prügl, and Stern, Sexual violence against men in global politics, 1-2. 24 Kirsten Campbell, “The gender of transitional justice: Law, sexual violence and the International
Criminal Tribunal for the Former Yugoslavia,” The International Journal of Transitional Justice 1 no.3 (December 2007): 416; Kirsten Campbell, "The Trauma of Justice: Sexual Violence, Crimes against Humanity and the International Criminal Tribunal for the Former Yugoslavia," Social & Legal Studies 13, no. 3 (September 2004): 331.
25Wood, “Variation in Sexual Violence during War,” 308. Ruth Seifert, “The Second Front: The Logic
of Sexual Violence in Wars,” Women's Studies International Forum 19, no. 1-2 (January 1996): 37.
26 Buss, “Rethinking ‘Rape as a Weapon of War,” 147. 27 Kunarac, Trial Chamber Judgement, 2001, para 460.
While neither gender is excluded from either of these definitions, the penetration has to be done by the perpetrator. This excludes those who were forced by others to commit the penetration. For example, when someone forces a prisoner to perform fellatio on another prisoner, the one forcing them to do so is not the one who commits the penetration and is thus not considered guilty of rape. This, again, is based on a heteronormative idea of male and female and based on cis-gender people since transmen and transwomen may also have vaginas / penises. Therefore, there is a need for a more inclusive term and an understanding of gender and its effect on how sexual violence is perceived.
The existence of article 7 in the Rome Statute made it possible for international tribunals to prosecute perpetrators for crimes of sexual violence. The International Criminal Tribunal for Rwanda (ICTR) and the ICTY were the first tribunals to have the opportunity to put this article into practice, as mass rape occurred in both conflicts. The ICTY was the first to do so, by delivering its first rape verdict in 1997. An analysis of the judgements passed by the ICTY, as well as of the problems and successes encountered in the different cases, can give valuable insights in the prosecution of sexual violence in international law. This thesis aims to provide such insights by comparing the testimony of both male and female victims of sexual violence and showing that male victims should be included as a victim group.
1.2. Sexual violence and the ICTY
The ICTY was formed to bring justice to those who had committed crimes during the disintegration of the former Yugoslavia. The country of Yugoslavia was formed from different territories, including the Serbian, Croatian and Slovenian states, and inhabited by several different ethnic groups.28 After World War II, Yugoslavia was ruled by a communist regime under Josip Broz Tito.29 Under the communist regime, the country’s motto was “Brotherhood and Unity”, which was supposed to encourage the different ethnic groups to live peacefully in the country of Yugoslavia.30 The country consisted of six republics (Slovenia, Croatia, Bosnia-Herzegovina, Macedonia, Serbia and Montenegro) and two provinces (Vojvodina and Kosovo), each with their own communist party representative, and the political system functioned through a system of equal power sharing. The centralising power was Tito, who ruled the separate republics as one.31 After Tito’s death in 1980, Yugoslavia’s political system of equal power sharing under six republics and two provinces attempted to continue. However, it was now missing its centralising force. 32 Without a central leader to hold it together, the country fell apart.33 A big contributor to the rising tensions in the country was the emergence of a new political elite in each of the republics. 34This coincided with a strong 28Luka Ostojić, “Another country: One hundred years after the creation of Yugoslavia, there are few
signs it ever existed in Croatia. Why?,” Index on Censorship 47, no. 1 (2018): 15.
29 Ostojić, “Another country,” 15. 30Ibid.
31 Gregory F Treverton and Renanah Miles, “Unheeded Warning of War: Why Policymakers Ignored
the 1990 Yugoslavia Estimate,” Intelligence and National Security 32, no. 4 (2017): 506.
32Treverton and Miles, “Unheeded Warning of War,” 506.
33Ibid; Steven L Burg, “Elite Conflict in Post-Tito Yugoslavia,” Soviet Studies 38, no. 2 (1986): 170;
Steven Majstorovic, “Ancient Hatreds or Elite Manipulation?,” World Affairs 159, no. 4 (Spring 1997): 170; Aleksandar Pavkovic, The Fragmentation of Yugoslavia: Nationalism and war in the Balkans,
(New York City: Springer, 2000), 77.
rise of nationalism, whereby political leaders used extremist propaganda to create a clear division between the various groups. This, in turn, heightened the tensions between the different factions.35 As nationalism rose in all regions, it created divisions between the Serbians, Slovenes, Croatians and the Bosnian Muslims. All these groups started claiming rights to specific areas and buildings. They used historical stories to confirm their heritage and claim ground that they believed to be rightfully theirs.36 These opposing national ideologies denied each other the right to territory, and their belief in their own supremacy led to the violent collapse of Yugoslavia as different ethnic-religious groups fought over controlled territory.37 This ultimately led to the disintegration of Yugoslavia, as Croatia and Bosnia declared their independence and war broke out between Serbia, Croatia and Bosnian groups, a war that lasted from 1992 until 1995.38
As religious-ethnic boundaries were at the core of the ensuing conflict, the definitions of ethnicity used by different ethnic groups and the impact those definitions had on social relations influenced the course of the war. Militias were formed along ethnic lines. The different factions fought each other for territory with the hope of becoming the dominant group in the region and subsequently claiming it as their own. Thus, these militia groups perpetrated violence against those perceived as not part of their own group, including acts of sexual violence.
Sexual violence was perpetrated on a large scale during the wars that took place in the Balkans between 1992 and 1995. It is estimated that approximately 20,000 women were raped over the period.39 While there were male victims as well, there is no clear estimate for how many.40 By taking the sexual violence cases that were tried by the ICTY as an indicator of how many men fell victim to sexual violence during the conflict, the percentage works out at between 30% and 40% male, which points to approximately 7,000 male victims. This estimate could still be on the low side as, according to prevalence studies by the Red Cross, 80% of the 5,000 male victims of concentration camps in the Sarajevo Canton had been subjected to rape, which makes for a total of 4,000 sexual violence victims in the Sarajevo Canton alone.41 Since the prevalence studies only applied to the Sarajevo Canton, the total estimates for the entire country of Yugoslavia could be even higher than 7,000.
In 1995 the ICTY was created as an international platform for the prosecution of crimes committed in former Yugoslavia. 42 The ICTY therefore had to manage the social stigma of sexual violence and make it possible for victims to testify and support their recovery. The ICTY recognised the aforementioned as problematic, stating that “Many [of the victims of sexual violence] risked being ostracised from their society by coming to testify about the horrors they had endured.”43 Even though it faced obstacles, the ICTY received a total of over 4,000 testimonies from witnesses on crimes they saw or experienced during the 35 Cathie Carmichael, “From the Guest Editor: Neighbours and War: Genocide in the Central Balkans,” Journal of Genocide Research 8, no. 3 (2006): 249.
36Pavkovic, The fragmentation of Yugoslavia, 88-97. 37 Ibid, 98.
38 Ibid.
39 Campbell, “The gender of transitional justice,” 423. 40 Ibid, 423.
41Sandesh Sivakumaran, "Lost in translation: UN responses to sexual violence against men and boys
in situations of armed conflict," International Review of the Red Cross 92, no 877 (2010): 259.
42“Landmark Cases,” International Criminal Tribunal for the former Yugoslavia, accessedJanuary 14,
2020, https://www.icty.org/en/features/crimes-sexual-violence/landmark-cases.
43 “Innovative Procedures,” International Criminal Tribunal for the former Yugoslavia, accessed April
1992-1995 Yugoslav wars. According to the ICTY, a significant amount of these testimonies had been on sexual violence.44 Based on these testimonies, the ICTY has been able to charge more than 70 individuals on crimes of sexual violence. These 70 individuals were tried in 17 different court cases, and the charges varied from ‘sexual violence against men’ to ‘rape as torture’, ‘rape as a crime against humanity’ and ‘rape as ethnic cleansing’.45
Even though the ICTY has clearly made progress in prosecuting cases of wartime sexual violence, there are some that are critical of its work. Sociologist Kirsten Campbell critiques the court on several of its policies and methods. According to Campbell, the ICTY does not have a clear definition of sexual violence and the only form of sexual violence that is specified in the statutes of the ICTY is ‘rape as a crime against humanity’. 46 According to Campbell, because the court used a definition of rape based on penetration and the actions of the perpetrator, many of the sexual violence crimes could not be considered a crime against humanity. She argues that had the court used a definition of rape that had focused on the material integrity of the sexual body and on trauma done to it, it would have been more inclusive of all victims and survivors.47 Finally, Campbell criticised the court for primarily having men testify, as 80% of the witnesses were men while Campbell believes having more women testify would have provided a more accurate representation of the war and the crimes committed.48
According to Professor Janine Natalya Clark, a specialist in conflict-related sexual violence, transitional justice and international criminal courts from the Birmingham Law School, during and immediately after the fall of former Yugoslavia, victims of sexual violence received a lot of attention, both in research and in the media. 49 However, over the past 15 years, this attention has died down. According to Clark, this is because research moved on to newer conflicts, leaving a gap in the information on how these past stories concluded. 50 In an attempt to fill this gap, this thesis will look at how these victims of sexual violence have developed and reintegrated into their respective societies after the conflict and at the influence of the ICTY.
Sexual violence remains a recurring aspect in war, as evidenced by the more recent Iraq and Syrian conflicts, in which ISIS perpetrated sexual violence against the Yazidi people.51 Examining the ways in which the international justice system has dealt with such occurrences in the past can offer insights into problems encountered and possible solutions to be applied in modern conflicts. Thus, examining how gender in the former Yugoslavia influenced the witnesses of the ICTY could offer relevant insights – as is the purpose of this thesis – into what the international justice system has previously done to help victims of sexual violence testify in a safe environment or into the reasons why social stigma stops victims from testifying. These insights could be combined with other cases and used in future 44 “Innovative Procedures,” International Criminal Tribunal for the former Yugoslavia.
45 “Landmark Cases,” International Criminal Tribunal for the former Yugoslavia.
46Campbell, “The gender of transitional justice,” 416; Campbell, "The Trauma of Justice,” 331. 47 Ibid, 334.
48 Ibid.
49Janine N Clark, Rape, Sexual Violence and Transitional Justice Challenges: Lessons from Bosnia Herzegovina (London: Routledge, 2017), 2.
50 Clark, Rape, Sexual Violence and Transitional Justice Challenges, 2.
51 Johanna E Foster and Sherizaan Minwalla, “Voices of Yazidi Women: Perceptions of Journalistic
Practices in the Reporting on ISIS Sexual Violence,” Women's Studies International Forum 67, (2018): 53; Jan I Kizilhan, Florian Steger and Michael Noll-Hussong, “Shame, Dissociative Seizures and their Correlation among Traumatised Female Yazidi with Experience of Sexual Violence,” The
attempts to provide transitional justice for crimes involving sexual violence. For example, they could be used to help make a court accessible to both male and female victims and also to help international tribunals negate the social stigma that is experienced by victims.
1.3. Sources and methodology
This thesis attempts to answer the question “How did gender and the way it was perceived in the former Yugoslavia influence the ways in which witnesses testified at the ICTY on sexual violence?” In asking this question, this thesis does not focus solely on one specific gender among the victims. Instead, it offers a comparative study of the testimonies of both male and female ICTY witnesses on sexual violence, with a view to understanding both perspectives in the context of transitional justice. This thesis uses a heteronormative understanding of gender, as this is the way many co urts operate and there is limited information regarding LGBT victims in these contexts. Th erefore, for the purposes of this thesis, gender excludes those who identify as transsexual, nonbinary, bisexual, gay or any other form of sexuality or gender other than heterosexual man or woman.
To examine how gender in the former Yugoslavia influenced the witnesses’ testimonies on sexual violence, this thesis uses an interdisciplinary approach that combines gender studies theories on the social construct of gender and how it influences society, with existing historical and anthropological research on the former Yugoslavia and the ICTY documents. Secondary academic sources are used to examine the general concept of gender construction, and how these constructions can affect individuals and cultures. These secondary works are not specific to the case of the former Yugoslavia, but are essential for understanding gender and are a crucial tool for analysing gender relations in the former Yugoslavia. Combining this knowledge of gender with existing historical and anthropological research on the former Yugoslavia will assist in creating an image of how the gender studies theories apply to the specific case of former Yugoslavia. At the centre of this thesis is a close examination of ICTY court procedures. To illustrate how gender influenced the testimonies for the ICTY on sexual violence, examples from court cases will be used as primary sources.
Three high-profile court cases will be used as primary sources. All three contain charges of sexual violence against both male and female victims, which inherently makes a comparison of male and female testimonies much easier. The first court case used is that of Dusko Tadic, the former Bosnian Serb Democratic Party’s local board president from Kozarac, who was arrested in Germany in February 1994. This was the first case to try sexual violence against men.52 A year later, he was transferred to The Hague following his indictment by the ICTY.53 The indictment charged Tadic with:
“Crimes against humanity (Article 5 of the Statute - persecution on political, racial and/or religious grounds; murder; inhumane acts), grave breaches of the 1949 Geneva Conventions (Article 2 - wilful killing; torture or inhuman treatment; wilfully causing great suffering or serious injury to body or health) and violations of the laws or customs of war (Article 3 - cruel treatment; murder).”54
52“Landmark Cases,” International Criminal Tribunal for the former Yugoslavia.
53 “Dusko Tadic transferred to Germany to serve Prison Sentence,” International Criminal Tribunal for
the former Yugoslavia, website accessed on 14 May 2020,
https://www.icty.org/en/press/dusko-tadic-transferred-germany-serve-prison-sentence
54 “Dusko Tadic transferred to Germany to serve Prison Sentence,” International Criminal Tribunal for
In January 2000, Tadic was sentenced to 20 years in prison.55 According to the indictment: “Dusko TADIC, subjected Muslims and Croats inside and outside the camps to a campaign of terror which included killings, torture, sexual assaults, and other physical and psychological abuse.”56 The indictment further asserted that he took part in the abuses at the Omarska, Keraterm and Trnopolje detention camps, and that he also “physically took part or otherwise participated in the torture of more than 12 female detainees, including several gang rapes, which occurred both in the camp and at a white house adjacent to the camp during the period between September, 1992 and December, 1992.”57
During the trial, the ICTY court heard from 30 witnesses who described the horrors that had taken place in the Omarska camp. 58 Some of these testimonies depicted violence against men. Count 5-11 refers to the torture and killing of several men at the Omarska camp.
The second case used is the Mucić et al. case, which was the first case to try sexual violence as torture. This case tried the crimes of Hazim Delić, Zdravko Mucić and Esad Landžo. All three had been members of the Bosnian armed forces. These men were accused of sexual violence perpetrated against prisoners at the Čelebići camp. The prisoners were Serb civilians.59 The suspects were accused of ‘rape as torture’ in counts 18 to 23, and of ‘sexual violence as torture’ under counts 44 and 45. 60 This led to this case recognising rape as a form of torture in its judgement. 61 Counts 18 to 23 related to the rape of various women,62 while counts 44 and 45 were perpetrated against men, and 11 witnesses testified to the crimes.63
The last case used is the Sikirica et al. case. This is one of the two ICTY cases that included anal penetration of a male victim among the crimes. This case tried three men, Duško Sikirica, Damir Došen and Dragan Kolundžija. All three men had a leading position in the Keraterm detention camp where non-Serb civilians were kept as prisoners.64 The case originally had seven suspects. However, those who were found not guilty were acquitted of their crimes. The indictment included several counts of rape and sexual violence: counts 3 to 5 focused on ‘inhumane acts’ and ‘outrages upon human dignity’ while counts 16 to 22
55“Landmark Cases,” International Criminal Tribunal for the former Yugoslavia.
56 The International Tribunal for the Former Yugoslavia, Case no. IT-94-1-I: The Prosecutor of the
Tribunal Against Dusko Tadic aka "Dule" aka "Dusan" Goran Borovnica, Indictment (Amended). 4.
57 Case no. IT-94-1-I Indictment (Amended). 4.3.
58 Prosecutor v. Dusko Tadic aka "Dule" (Opinion and Judgment), IT-94-1-T, International Criminal
Tribunal for the former Yugoslavia (ICTY), May 7, 1997, 58.
59“Landmark Cases,” International Criminal Tribunal for the former Yugoslavia.
60The International Criminal Tribunal for the Former Yugoslavia Case no.: IT-96-21 The Prosecutor Of
The Tribunal Against Zejnil Delalic, Zdravko Mucic, aka "Pavo”, Hazim Delic and Esad Landzo aka "Zenga". Indictment, counts 18-23, counts 44-45.
61 International Tribunal for the Prosecution of Persons Responsible for Serious Violations of
International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, Case no.: IT-96-21-T, Prosecutor v. Zejnil Delalic, Zdravko Mucic, aka "Pavo”, Hazim Delic and Esad Landzo aka "Zenga". Judgement November 16, 1998, 178.
62 Case no.: IT-96-21-T, Judgment, 324-331. 63 Case no.: IT-96-21-T, Judgment, 362.
64“Sikirica,” from The International Justice Resource Center website, accessed May 19, 2020.
related to murder, rape and torture. The latter included forcing prisoners to perform fellatio on other prisoners and forcing objects into prisoners' anuses.65
This study uses court indictments, judgements and trial-chamber transcripts as primary sources for the witness testimonies. Based on the court transcriptions and the court regulations, the thesis will examine the questioning and regulations of the court, as well as the wording chosen by the witnesses, paying attention to the content of the testimonies and wording that includes or excludes a specific gender. The three cases are chosen on the condition that they contain charges of sexual violence against both male and female victims, so that a comparison may be drawn. They include cases with victims from both the Serb and Bosnian communities, primarily to look at where there are perceivable differences in the treatment and testimonies of male and female witnesses. Throughout the three chapters, these case studies will serve as examples of the ways in which gender influenced testimonies for the ICTY on sexual violence.
1.4. Structure of the thesis
In order to analyse the information gained from the court cases and answer the question of how gender affected the ways in which the witnesses testified, this thesis will investigate gender, how gender affected the way in which sexual violence victims were perceived after the conflict in the former Yugoslavia, and how the ICTY procedures dealt with those testimonies. This is done, first, by researching how gender is constructed and the effect this has on societies, and second, by looking at how gender was perceived in the region of the conflict. This second approach gives insights into how gender may have influenced the nature of sexual violence in the former Yugoslavia, its victims, its perpetrators and the treatment of the survivors after the conflict. It also allows for a better understanding of the cultural frameworks in which both survivors and witnesses testified in the cases handled by the ICTY. Finally, it allows a more detailed analysis of the efforts of the ICTY to provide an open and equal space for both male and female victims and witnesses to testify, as well as insights into the extent to which it succeeded in providing such a space.
The first chapter discusses the theoretical idea of human perception of gender by explaining several theories that originate from the field of gender studies. The way in which our perception can shape the definition of an abstract concept, such as gender, leads to the creation of a culturally constructed image of what a gender entails: the gender image. The theoretical frames constructed in the field of gender studies can help understand our perceptions of sexual violence. This first chapter will use these theories to answer the question “How can gender studies be used to understand the cultural perception of sexual violence victims?”. To answer this question, this chapter will first explain how language influences the human experience of reality, arguing that the choice of wording can be used to study cultural hierarchies and how cultural hierarchies affect people. Second, this chapter will explain how gender is socially constructed. As a result, the perception of gender varies across societies. The norms and expected behaviour of a gender in a society creates a gender image. Lastly, this chapter focuses on the theory of toxic masculinity. This theory narrows in on possible negative consequences of the social norms of gender and what specific gender image could trigger those negative effects. It shows that social norms that
65 Prosecutor v. Dusko Sikirica, Damir Dosen, Dragan Kolundzija (Sentencing Judgement), IT-95-8-S,
constitute what it means to be a man can have a negative effect on the mental wellbeing of men and exacerbate social stigma for those that do not comply with society’s idea of the male gender.
Building on this first chapter, the second chapter sets out to define a cultural and historical frame to the events that transpired in the former Yugoslavia. The second chapter will first attempt to answer the question of how gender was perceived in the former Yugoslavia. To do so, it will examine how the Yugoslavian culture viewed gender before the war and after the war. Second, it will look into the sexual violence that survivors experienced during the war with a view to establishing that gender influenced how sexual violence was perpetrated during the war. Lastly, this chapter looks at how sexual violence survivors were perceived and treated after the war, arguing that the gender image in the former Yugoslavia influenced the social stigma that the survivors faced.
The purpose of this chapter is twofold. First, it shows how gender was perceived in the former Yugoslavia and how this perception of gender affected the nature of the violence that was committed. Second, it examines how the survivors of sexual violence were treated after the war, arguing that gender image in the former Yugoslavia influenced the social stigma experienced by the survivors.
Chapter three will examine the question of “What procedures does the ICTY have for dealing with sexual violence crimes and its witnesses?”. First, the chapter will look at the aims and purposes of the ICTY in terms of its approach to sexual violence. Second, it will examine the court procedures that ensured the survivors’ safety and allowed them a safe space for their testimonials. This will show whether the ICTY was successful in creating a safe space where both men and women could testify on sexual violence crimes against victims of either gender. It will also examine whether the ICTY altered its perspective on, or description of, sexual violence crimes, depending on the gender of the victim. We will see that the ICTY mandates and court procedures are designed to help overcome any obstacles that either male or female victims of sexual violence might feel when they testify in court. A major problem, however, is the terminology used by the ICTY in its definition of rape, given that the term may only be employed to describe events perpetrated against women.
The conclusion will highlight the main information provided in all three chapters and case studies by setting it out in a summary. It will then answer the question of “How did gender and the way it was perceived in the former Yugoslavia influence the ways in which witnesses testified at the ICTY on sexual violence?”, and describe the effect that gender has had on survivors of sexual violence and how this is visible in the ICTY witness testimonies provided in the three case studies. Finally, the conclusion explores further research opportunities.
2. Gender structures
Men and women are perceived differently due to the gender structures to which we adhere. This can even be seen in the way we understand the term sexual violence. Generally, sexual violence is interpreted as an act committed by men who exert their dominance over women. Men are rarely perceived as victims of sexual violence. 66 However, men can, and often do, fall victim to sexual violence in conflicts, such as the Yugoslav Wars. Sexual violence against men was also reported during the genocide in Rwanda in 1994 and in Abu Ghraib in 2003-4, where the US military sexually abused Muslim men who were held captive there. The forms of assault can vary from rape, enforced nudity, enforced masturbation and enforced fellatio to enforced sterilisation and sexual mutilation.67
How survivors of sexual violence are perceived and treated afterwards differs depending on the society in which they live. These differences strongly depend on the gender construct of that society. 68The perception of gender can cause different communities to respond differently to male and female victims, depending on the cultural norms of the community. Over the years, gender studies have looked at how we perceive gender and how it functions in society. 69 To understand differences between male and female victims of sexual violence, it is important to be able to recognise perceived differences between men and women. Gender studies thus provides a framework that helps to establish the gender constructs that prevailed in the former Yugoslavia at the time of the conflicts. This in turn provides a perspective that is essential for understanding how gender may have affected the witnesses who testified for the ICTY in cases of sexual violence and for analysing differences between male and female testimonies.
The main question that will be answered using these gender studies theories is ‘How can gender studies be used to understand differences between the perception of male and female survivors of sexual violence?’ To answer this, different theoretical frameworks from the field of gender studies will be discussed. First, this chapter looks at the influence of language on our understanding of everyday life and on our understanding of gender and sex. This will demonstrate how specific words or phrases can affect a society’s perception of gender. Second, this chapter will look at gender as a social construct. This shows how gender is different for every society, as the society itself creates the idea of what a gender should entail. Lastly the chapter will explain the idea of toxic masculinity, which is defined as the negative effect of strongly defined ideals of dominant masculine gender norms. These three theories will create a framework which will be used in the following chapter, to analyse the patterns of sexual violence in the former Yugoslavia.
66 Sivakumaran, “Sexual Violence Against Men in Armed Conflict,” 253; Lewis, “Unrecognized
victims,” 12.
67Ibid.
68 Buss: “Rethinking ‘Rape as a Weapon of War,” 147; MacKinnon, “Rape, Genocide, and Women's
Human Rights,” 8,11-13; Sharlach, “Rape as Genocide,” 98; Page, and Whitt, “Confronting Wartime Sexual Violence,” 676.
69 Different theories such as linguistic relativity, intersexuality and discourse analysis will be
2.1. Linguistic structures
“The fundamental building blocks of a culture begin with language whose categories and vocabulary reflect the cumulative experience of a society.” 70 According to this hypothesis from linguist John A Lucy, language both reflects and influences culture, as the way it is organised and categorised reveals structures that are telling of the hierarchy of that culture. Because we think in language, these structures influence the way we think, the way we behave, and ultimately even help shape our culture itself. We can therefore use a specific culture's language or an individual’s choice of words to understand their perception of gender. Two frequently mentioned theories that can be used to create a theoretical framework to aid in this research are Linguistic Relativity and Language Structures. Both these theories came from linguistic studies and were later used in gender studies to expand the understanding of gender and the influence of language on the construction of gender.
The Linguistic Relativity hypothesis espouses the idea that the language we speak has an impact on the way we think and view reality.71This raises the question of, How does language influence our thoughts and way of thinking?. 72 Linguistic Relativity applications have three aspects in common. First, any adaptation of linguistic relativity theory claims that the properties of a language influence the way in which thought and reality are shaped. 73 Second, the thought patterns of a person are influenced by “immediate perception and attention, with personal and social-cultural systems of classification, inference, and memory, or with aesthetic judgment and creativity.”74 Lastly, the definition of reality can be defined by everyday life and its experience, or the idealisation of tradition. 75This shows that the culture we live in and the language we speak influence our view of reality and how we perceive everyday life. It is important to keep in mind that the reality of a people is culturally bound, meaning it is embedded in their culture.
According to the Linguistic Relativity hypothesis, the language we speak has an influence on the way we think.76This is in line with the article “More than words: do gendered linguistic structures widen the gender gap in entrepreneurial activity?” by Diana M. Hechavarría. This article drew on research into 55 languages used in over 105 countries to analyse how language influences the perception of gender.77 The article differentiates between three types of gendered language. The first type of language uses two genders to identify pronouns (e.g. the use of ‘le’ and ‘la’ in French). The second type of language uses a neutral gender. For example, English is considered a gender-neutral language. The last type of language is ‘genderless’, i.e. it offers no distinctions of grammatical gender. Indonesian, 70John A Lucy, “Linguistic relativity,” Annual review of anthropology 26, no. 1 (1997), 291; Steven
Samuel, Geoff Cole and Madeline J Eacott, “Grammatical gender and linguistic relativity: A systematic review,” Psychonomic bulletin & review 26, no. 6 (2019), 1767.
71Lucy, “Linguistic relativity,” 291.
72 Ibid, 292; Samuel, Cole and Eacott, “Grammatical gender and linguistic relativity,” 797; Maria
Montefinese, Ettore Ambrosini and Eka Roivainen, “No grammatical gender effect on affective ratings: evidence from Italian and German languages,” Cognition and Emotion 33, no. 4 (2019): 852-3.
73Lucy, “Linguistic relativity,” 294. 74 Ibid.
75 Ibid.
76Diana M. Hechavarría, Siri A. Terjesen, Pekka Stenholm, Malin Brännback, and Stefan Lång, “More
than Words: Do Gendered Linguistic Structures Widen the Gender Gap in Entrepreneurial Activity?”
Entrepreneurship Theory and Practice 42, no. 5 (September 2018): 797; Steven Samuel, Geoff Cole and Madeline J Eacott, “Grammatical gender and linguistic relativity,” 1767.
for instance, does not differentiate between the words ‘she’ or ‘he’. According to this research, if a language has a sex-based system and gender-differentiated pronouns, it tends to reinforce male versus female stereotypes. This argument is again supported by research conducted in 2019 by psychologists Maria Montefinese and Eka Roivainen, and cognitive neuroscientist Ettore Ambrosini.78
All languages spoken in the former Yugoslavia are Slavic languages, which is a family of languages that are gendered and thus belong to the first category described above. This means that both Serbian and Bosnian are gendered languages.79 So, according to the previously mentioned research, these languages have a stronger influence on the perception of gender by reinforcing male versus female stereotypes.
For the witnesses examined in this thesis, only the cultural connotations of the Yugoslav languages is important. According to American linguist and psychologist Dan I. Slobin, our perception of gender does not change when we switch to another language. He does recognise that language influences the creation of the gender image, as many social and cultural cognitions are imprinted in a language itself. Therefore, a person’s mother tongue will influence their perception of gender, while a second or third language learnt at a later age will not.80 This implies that the language spoken in court does not influence the judges’ or the witnesses’ perception of gender. Thus, the ICTY witnesses would not have been influenced by the gender neutrality of the English language but by their native languages.
It is not only pronouns that structure language in a way that influences the perception of gender. In 1983, French philosopher De Saussure wrote “A language is a system in which all the elements fit together, and in which the value of any one element depends on the simultaneous coexistence of all the others.” 81This means that words in a language have a value in relation to one another, and that this value or hierarchy can be studied. This idea gave way to the base of structuralism. Structuralism looks at how words relate to one another and attempts to make sense of how language is used and understood by finding the hierarchy in language.82
The idea that language has a hierarchy has influenced gender studies. If words assign value representative of a position in society, the value of words associated with a specific gender can reflect the hierarchy of gender in a society. In the field of gender studies, these language hierarchies have been used to analyse female-male communication, often
78Montefinese, Ambrosini and Roivainen, “No grammatical gender effect on affective ratings,” 848-54. 79Italky, “Your Guide To Serbian Genders,”
https://www.italki.com/article/637/your-guide-to-serbian-genders, accessed June 3, 2020; “Bosnian,” must go world languages, https://www.mustgo.com/worldlanguages/bosnian/ accessed June 3, 2020,
80Dan I. Slobin, “Language and thought online: Cognitive consequences of linguistic relativity,” Language in mind: Advances in the study of language and thought 157192 (2003): 160.
81 Gary P. Radford and Marie L. Radford, “Structuralism, Post-Structuralism, and the Library: De
Saussure and Foucault,” Journal of Documentation 61, no. 1 (2005): 60.
82 Radford and Radford, “Structuralism, Post-Structuralism, and the Library", 65; Mary Bucholtz,
“Theories of discourse as theories of gender: Discourse analysis in language and gender studies,” in
considering the masculine dominant to the feminine.83 Looking at whether a word is associated with male or female can help to indicate what behaviour is associated with each gender and therefore to establish the perceived hierarchies of a society .
Another theory added to the discussion was British philosopher John Langshaw Austin’s reaction to structuralism. He proposed the idea that language can change the state of being, which would change the reality, and created a theoretical frame through which he attempted to understand this process. 84Austin made the distinction between performative and constative language.85 Constative language describes an event, simply characterising/categorising something as true or false, for example, the statement that ‘a rose is red’. Performative language changes something about reality; it uses words or sentences that are meant to inspire a certain action or behaviour, thus changing the state of things.86 For example, by saying “I do” on their wedding day, a couple gets married, which has social and legal obligations. This same principle applies when conceiving a gender. When a child is born, the doctor declares its biological sex. 87This is a constative statement, for it can be true or false. However, it has a performative element as well. From that point on, the child is perceived to be as the doctor stated, either a boy or girl. Therefore, people treat it as such. The gender of the child comes with social expectations and cultural obligations. Thus, calling a child a boy or a girl changes it from a baby to its gender.
These theories imply a dialectic relation between the way language shapes our perception of reality and the way language has an impact on our understanding of gender. These different theories also imply that the way in which we speak has an impact on how we perceive gender, both consciously and subconsciously. The realisation that language influences our perception of gender means that the cultural understanding of both gender and sexual violence before, during, and after the war in the former Yugoslavia had an effect on the survivors of the war and thus on those who chose to testify for the ICTY. This means that the language and phrasing used by the witnesses and offenders heard by the tribunal could indicate how gender affected their testimonies. Given that language, according to the above-described theories, has a built-in hierarchy, some words could indicate a more important crime overshadowing other crimes, or could alternatively exclude a crime by definition of a gender group. An example of this are the terms rape and sexual violence. Rape is mentioned as a crime against humanity in the Rome Statute and in the ICTY mandate, however, sexual violence is not. This shows that rape is considered a more serious crime than sexual violence. As described in the introduction to this thesis, the ICTY 83 Sriwimon Lanchukorn and Pattamawan Jimarkon Zilli, “Applying Critical Discourse Analysis as a
conceptual framework for investigating gender stereotypes in political media discourse,” Kasetsart
Journal of Social Sciences 38, no.2 (2017): 136; Ylva Fältholm and Cathrine Norberg, “Gender
diversity and innovation in mining - a corpus-based discourse analysis,” International Journal of Gender and Entrepreneurship (2017): 360; Ming Ming Chiu and Allan Jeong, “Gender, social distance
and justifications: statistical discourse analysis of evidence and explanations in online debates,”
Educational Technology Research and Development (2019): 1-26; Bucholtz, “Theories of discourse as theories of gender,” 49; Michelle M Lazar, “Feminist Critical Discourse Analysis: Articulating a Feminist Discourse Praxis,” Critical Discourse Studies 4, no.2 (2007): 141-64.
84Jonathan Culler, “Convention and Meaning: Derrida and Austin,” New Literary History 13, no. 1
(1981): 16.
85Culler, “Convention and Meaning: Derrida and Austin,” 16. 86Ibid, 18.
87 A person’s sex is biologically defined by the reproductive organs. Gender refers to the roles,
used a clear definition of rape, which did not exclude either gender but because it is defined by the act of the perpetrator and not by the trauma done to the victim, sexual violence towards men is often not considered to be rape.
2.2. Gender as a social construct
What is conceived as gender is not only influenced by language but also by culture. To gain a better understanding of the complicated relationship between gender and culture, one must first look at gender as a social construct to understand how gender can be considered and studied as a social structure.
According to the basic idea of gender studies, gender itself is a social construct created by society. Both femininity and masculinity are socially constructed.88What it means to be a man or a woman, the expected behaviour and the expected physique is created by society through unwritten social rules and interactions. All human cultures have done this in some way or another. Depictions, practices and structures all contribute to the integration of the definition of a gender. 89 Since most of us feel like we are male or female and are raised in a society that tells us what it means to be that respective gender, the assigned gender becomes part of one's identity and thus is something everyone subconsciously maintains. 90 “Gender is constructed and maintained by both the dominants and the oppressed, because both ascribe to its values in personality and identity formation and in appropriate masculine and feminine behaviour.”91 This means that because gender is a part of one's identity, even for those who are considered oppressed by the norms they must abide by, one does not aim for change because these norms make them feel masculine or feminine. A simple example can be wearing high heels, even though they can be painful, impractical, or even restrict movement. High heels are perceived as feminine, thus to look and feel feminine women continue to wear them. According to Judith Butler, humans are so inclined to create this gender, that when talking about something that appears gender neutral, we attempt to force a gender on it. Butler states:
“Insofar as it relies on this construal, the sex/gender distinction founders…if gender is the social significance that sex assumes within a given culture…then what, if anything, is left of ‘sex’ once it has assumed its social character as gender?…If gender consists of the social meanings that sex assumes, then sex does not accrue social meanings as additive properties, but rather is replaced by the social meanings it takes on; sex is relinquished in the course of that assumption, and gender emerges, not as a term in a continued relationship of opposition to sex, but as the term which absorbs and displaces ‘sex’.”92
The social construct of gender is continuously evolving, depending on time and space, and is deeply embedded in both society and in an individual's sense of identity. 93This means that gender is not just the sex that we are born with but is also influenced by what is
88Kathy Davis, Mary Evans and Judith Lorber, Handbook of gender and women's studies (London:
Sage, 2006), 5.
89Davis, Evans and Lorber, Handbook of gender and women's studies, 55. 90Ibid, 2.
91Ibid, 2.
92Judith Butler, Bodies that matter: On the discursive limits of sex (London: Taylor & Francis, 2011),
5.
