Banwell, Stacy ORCID: 0000-0001-7395-2617 (2023) Rape, sexual violence and forced pregnancy: the expressions and consequences of reproductive violence committed during the war against nonhuman animals. Animal Liberation. ISSN 2836-6506 (Online) (In Press)

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Abstract

Based on an original interpretation of non-international armed conflict this article argues that we are currently engaged in a war against nonhuman animals. During this war, War Crimes and Crimes against Humanity are committed against nonhuman animals: Rape, sexual violence and forced pregnancy. These acts, their aims, and their outcomes are framed as the expressions and consequences of reproductive violence. Female farmed nonhuman animals capable of reproduction – dairy cows and sows – are the targets of this violence. Drawing on the International Criminal Court statute, Other Serious Violations of the Laws and Customs Applicable in Armed Conflicts not of an International Character, this article offers a unique interpretation of the three cumulative elements of the crime of forced pregnancy: (1) unlawful confinement and sexual slavery (2) forcible impregnation and the absence of consent and (3) grave violations of International Law, specifically rape and sexualized violence. It demonstrates how dairy cows and sows meet all three criteria contained within the International Criminal Court definition of forced pregnancy. By granting nonhuman animals legal personhood – and treating them as protected persons rather than the property of protected persons - we can use International Humanitarian law to protect them from the violence(s) of this species war.

Item Type:	Article
Uncontrolled Keywords:	forced pregnancy; crimes against humanity; international humanitarian law; legal personhood; reproductive violence; war crimes
Subjects:	H Social Sciences > H Social Sciences (General) J Political Science > JA Political science (General) K Law > K Law (General)
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:	Publisher
Last Modified:	13 Nov 2023 16:10
URI:	http://gala.gre.ac.uk/id/eprint/44869

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