Historical Perspectives on Reproductive Violence in International Law

This chapter conceptualizes reproductive violence as a distinct form of gender-based violence that is not necessarily committed in a sexualized manner. Its unique characteristic is the underlying violation of reproductive autonomy, understood as the freedom to choose whether, how, and under what circumstances to reproduce. Conflict-related reproductive violence may occur in various manifestations. This includes, for example, forced sterilization as a negative form and forced pregnancy as a positive form of reproductive targeting, which have been documented throughout history. Nevertheless, reproductive violence has rarely been addressed within the international criminal legal discourse. While post-World War II trials set important precedents particularly with regard to the act of forced sterilization, the prosecution of reproductive violence under international law has thus far remained limited to genocidal or similar group-related scenarios. Giving an overview on historical documentations of conflict-related reproductive violence and transferring insights from the discourse on reproductive human rights, this chapter argues that international criminal law and practice should address reproductive violence as a violation of reproductive autonomy independently of its possible collective dimension.