Children Born of Wartime Rape: Rights and Representations

Abstract

The ongoing conflict in Darfur has once again served to highlight the threat of sexual violence that women face during times of war. Yet, although sexual violence in wartime has existed probably for as long as war itself, it is only in more recent times that its recognition as a crime under international humanitarian law has taken place. Moreover, although it is recognized that women may conceive as a result of such wartime rape, largely missing from the international rights framework, and from the discourse that surrounds it, is a consideration of the children – or ‘war babies’ – who are born as a result. This article places the focus upon ‘war babies’ by considering the reasons for their current marginalization as a category in international discourse. In addition to examining such marginalization within existing theoretical analyses, this article also analyses the potential for their incorporation within the wider rights framework: first, in terms of international legal practice and; second, in terms of the actions of civil society. The final section concludes.