Abstract

It was not until recently that mass rape during conflict was recognized as a crime against humanity. Although now recognized by the United Nations, there is still a gap between the norms of human rights and the mechanisms to enforce human rights violations. In this work, the case of mass rape, with emphasis in the Democratic Republic of Congo, is used to show the gap between norms and enforcement. Feminist theory is used first to understand war rape and the way it differs from interpersonal rape. Then the structure of international relations is analyzed to understand why the gap exists. While most feminist theories agree that ideas about femininity and masculinity must be addressed to overcome the problem of gender based violence and war rape, generational changes such as these take time. Right now current judicial structures already in place must be updated to better enforce human rights injustices, which could lead to the change in society’s views.