1. The document discusses the threat posed by ISIS to global human security and international law. It argues that both minimalist and maximalist approaches to human security are needed to adequately address the human rights abuses committed by ISIS, including acts of extreme torture, rape, and sexual slavery. 2. A key point made is that the international community must not only acknowledge the evil and inhumane acts of ISIS, but must also employ legal channels and instruments to criminalize the atrocities and hold perpetrators accountable. Collective security requires recognition of abuses as well as justice through appropriate punishment. 3. The paper aims to examine ISIS's religious ideology and connection to sexual violence, discuss theories of

1. The Problem of ISIS: Religion, Sexual Violence,
and the Destabilization of Human Security
Lauren V. Steinman
Concordia University
Department of Political Science
1455 De Maisonneuve Blvd. West
Montreal, Quebec, Canada
H3G 1M8

2. Steinman 1
The ravages of the Second World War ushered in a new global concern for the subject of human
rights and global security. The massive genocide of the German Nazi regime is historically recognized as
one of the most prominent violations of humanity. In the aftermath of the war, the concept of human
rights was seen as “the appropriate instrument for reconstructing world society” (Mahoney 2007, 43). The
drafting of the Universal Declaration of Human Rights promoted the observance of basic human rights.
The UN sought to achieve “international cooperation …in [advancing] and encouraging respect for
human rights and…fundamental freedoms for all without distinction as to race, sex, language, or religion”
(Ibid 45). In order to affirm the inherent dignity of the human person, the UDHR entrenched a range of
civil, political, economic, social and cultural rights so as to ensure a proper standard of life for all people.
The Universal Declaration of Human Rights was adopted by the UN General Assembly in 1948, and
twenty years later, in May 1968, a proclamation was adopted at the International Conference on Human
Rights in Tehran, reasserting the principles outlined in the UDHR. This proclamation effectively
encouraged societies and governments to intensify their efforts to provide a life for all individuals that is
in harmony with the values of freedom and dignity, the latter of which is conducive to ensuring the
physical, psychological, social and spiritual welfare of citizens (Knight 2015, 34).
In 1966, two covenants—the International Covenant on Civil and Political Rights, and the
International Covenant on Economic, Social and Cultural Rights—codified the central clauses of the non-
binding declaration into two separate “legally binding treaties, which both came into force in 1976” (Ibid
34). As of November 1968, the existing narrative was furthered with the adoption of Resolution
2391/XXIII by the UN General Assembly, more notably recognized as the Non-Applicability of Statutory
Limitations to War Crimes and Crimes Against Humanity. It was thereby acknowledged that war crimes
and crimes against humanity were among the most acute forms of crime under international law, and that
those who commit such heinous acts should be subjected to proper punishment (Ibid 34). The existence of
crimes against humanity represents a fundamental international security concern that transcends borders
and states; they are recognized to breach conceptions of human dignity and the inviolability of the person.

3. Steinman 2
The terrorist organization of ISIS has presented the world with a significant threat to human and global
security.
When examining the affairs of states in the domain of world politics, it is essential to discuss
questions of both security and ethics. The existence of terrorism has brought with it new security
challenges, and in turn, this has given rise to numerous ethical dilemmas that are not fully recognized in
the study of international relations. In the field of international politics, the connection between questions
of ethics and security is, by and large, relatively neglected (Warner 2015, 8). This is particular to the
Canadian context, where the literature on the topic of Canadian foreign policy often describes a strong
sense of opposition between ethics and security. However, it is argued that the two elements of the binary
are closely linked rather than diametrically opposed, and the nexus between them remains both necessary
and essential (Ibid 3). In effect, there must be a full acknowledgement of morality when formulating
foreign policy decisions that are meant to address problems within the domain of human security. The
international community of state actors has both an ethical and a legal obligation to ensure that the rights
of citizens are safeguarded and that their wellbeing is protected.
Evidently, the notion of security is of great relevance to the contemporary world and should be a
priority for nation states. The term security requires some form of reconceptualization; traditional
understandings of the word link it to ideas concerning the necessity to protect human beings, at both the
level of individuals and collective groups, from sources of harm (Stoett 1999, 4). The existence of ISIS
presents a global threat to human security at both the national and international level. It is necessary to
adopt a proper approach to combatting this dangerous force in the world. Arguably, there must be a
bridging of both the minimalist and maximalist conceptions of human security. Minimalist conceptions
refer to “highly restrictive meanings, which usually conform to legal and/or more conventional definitions
or understandings, at one end;” (Ibid 12), whereas maximalist conceptions are defined by meanings that
are more broad, expanded and unconventional in nature. More specifically, minimalist conceptions are
often derived from international legal instruments and treaties.

4. Steinman 3
In contrast, while maximalist positions have a reputation for being more extreme in their leaning,
they posit that there is an extensive degree of state complicity in human and environmental rights
problems (Ibid 12). When applied to the present discussion of ISIS as a terrorist organization and the
looming global threats that it poses to human security, it is most effective to apply both models of human
security in order for an adequate solution to be reached that is aimed at protecting the rights, freedoms and
well-being of all persons who are affected by ISIS militants. Minimalist understandings “provide relative
clarity” and allow for “more practical possibilities” (Ibid 12) to develop actual concrete solutions to
problems that essentially involve the state (Ibid 12). Minimalist conceptions highlight the criminal nature
of the acts committed by ISIS against certain vulnerable groups and the need to institute legal corrective
measures. Maximalist positions emphasize, on a wider scale, that there is a state of inhumanity that
pervades certain regions of the world, which stems from negligence on the part of state actors, or a
disinterest of the world community, and which allows for the existence of these human rights atrocities
that are being perpetrated by the ISIS terrorist organization. Arguably, both positions are mutually
constitutive and reinforcing. When addressing a particular human security issue such as that of the Islamic
State, both minimalist and maximalist principles of security must be applied in order for the international
community of state actors to adopt, from the standpoint of policy, an approach that can properly merge
the concepts of ethics and security.
If the international community of states begins to acknowledge the evil nature of ISIS and the
inhumane acts of extreme torture and brutality that they are inflicting on innocent civilians—particularly
women and young girls, who are victims of rape and sexual slavery—state actors cannot be said to be
acting within a larger framework of ethics, since acknowledgement of ISIS as a force of evil is simply not
sufficient to counter and eradicate the terrorist organization. In order for an effective strategy to be
implemented that ensures the proper safeguarding of basic human rights and freedoms for the civilians
who are implicated in this crisis, the international community’s recognition of the glaring human rights
abuses committed by ISIS must be coupled with the employment of the necessary legal channels that

5. Steinman 4
effectively seek to counteract the heinous acts that have been committed by ISIS. The latter model would
essentially involve the use of the appropriate legal instruments that would serve to criminalize the
atrocities and bring the perpetrators to justice. Hence, it follows that the notion of accountability is of
great relevance to the discussion of the terrorist group’s engagement with the practices of rape and sexual
slavery.
The concept of collective security brings to bear the notion of justice, since it is under this principle
that states mutually agree that aggressors who commit acts of violence against other states, or against
people within their own state, must be subjected to proper forms of punishment (Ibid 18). In this paper, it
will be argued that the concept of collective security is indispensable to achieving an effective solution to
eradicating the evil force of ISIS. The notion of collective security is inextricably tied to an adoption of
both minimalist and maximalist positions of human security. Justice cannot be achieved without the
international community’s proper acknowledgement and recognition of the egregious acts being
committed by ISIS militants, through the application of a maximalist approach. Similarly, there cannot be
said to be proper justice without the adoption of a minimalist perspective of human security, which seeks
to apply the necessary legal instruments that would effectively criminalize the rape, sexual slavery and
other barbaric acts that are being perpetrated by the Islamic State and hold ISIS militants accountable for
their heinous war crimes and crimes against humanity.
The following paper will focus primarily on the religious ideology of ISIS, and the connection
between this extreme radicalism and the practices of rape and sexual slavery. The following section will
feature an examination of the securitization theory of rape and its implications for global security. This
section of the paper will bring to bear a discussion of Bosnia-Herzegovina and Rwanda, which will serve
as parallel examples that seek to further illustrate the atrocities that have been caused by the Islamic State
in the Middle East. Finally, some concluding remarks will be offered concerning the notion of the
criminalization of wartime rape and sexual slavery, and its connection to the Responsibility to Protect
doctrine. Prior to proceeding with this discussion, necessary background information will be provided on

6. Steinman 5
the ISIS terrorist organization, as well as a brief historical overview of wartime rape and sexual slavery.
The latter will be supplemented by some commentary from a report commissioned by the UN Human
Rights Council concerning the events that have unfolded in the context of the ongoing civil war in the
Syrian Arab Republic.
v
In the publication entitled, ISIS: The State of Terror, Jessica Stern and J.M. Berger define terrorism
as “an act or threat of violence against noncombatants, with the objective of exacting revenge,
intimidating, or otherwise influencing an audience” (Stern & Berger 2015, 9-10). Terrorists are non-state
actors who partake in acts of violence against civilians as a means of achieving a political goals or
disseminating a message. Terrorism is distinct from other forms of violence in two ways: firstly, it is
aimed at non-combatants, which therefore distinguishes terrorism from the fighting that occurs in wars.
Both the Islamic and Judaeo-Christian just war traditions explicitly prohibit the deliberate targeting of
non-combatants (Ibid 10). Hence, a terrorist act may be defined as a war crime that is committed by non-
state actors. The second feature that distinguishes terrorism from other types of violence is the objective
for which violence is used. Stern and Berger note that there is a dramatic purpose behind the violence
created by terrorists; they seek to instill a sense of trepidation in the target audience, and oftentimes, this
fear carries greater importance than the physical result of the violence itself (Ibid 10). In contrast to
murder and assault, terrorism thrives on the intentional creation of feelings of great angst and dread.
Lastly, it should be noted that terrorists may have the support of nation states, but likewise possess “a
fundamental quality of independence—or at least of disavowal and deniability” (Ibid 10).
Unlike other forms of terrorism, the group has been responsible for some of the most heinous acts
conceivable to the human mind. ISIS has moved beyond the most common forms of terrorism, which, like
al-Qaeda, Hezbollah and Hamas, involves a primary focus on committing acts of violence, such as the
murder of innocent civilians. According to investigative reporter Erick Stakelback, the United States has
become a breeding ground for many Islamic terrorist organizations. The Twin Cities of Minneapolis and

7. Steinman 6
St Paul Minnesota have a very high population of Somalis, “more than any metropolitan area in North
America” (Stakelback 2015, 2). It is rather ironic that two cities nestled in the upper Midwest, located a
state that is prosperous and provides a high quality of life, is in actuality, a hotbed for Islamic terrorism.
Since 2007, numerous Somali men and women from the Twin Cities have traveled overseas to join
various terrorist organizations (Ibid 2). The first wave of migration departed for Somalia to become
members of the al-Qaeda-linked group, al-Shabaab. Around the year 2012, as the Syrian Civil War gained
great attention in the media, there was a marked shift in this existing travel pattern. The conflict in Syria
became a prime center that magnetically attracted jihadists across the globe. One organization in
particular captured the imagination and allegiance of these aspiring mujahideen, or holy warriors (Ibid 2)
from Minnesota in an unparalleled way; namely, the Islamic State of Iraq and al-Sham, also known as
ISIS. The group is likewise referred to as ISIL, which stands for the Islamic State of Iraq and the Levant.
The terror group is an outgrowth of a particular faction of al-Qaeda, which had fought against American
forces during the invasion in Iraq (Ibid 2). ISIS may arguably be the most powerful terrorist group in
history; in many ways, it is a terrorist army, with its foot soldiers that range in the tens of thousands, and
countless more sympathizers that support the group’s hateful and dangerous ideology (Ibid 3). The threat
of ISIS does not loom solely over the Middle East; the United States, Canada and Europe are all equal
targets of the group’s terror in ways that are both “profound and unprecedented” (Ibid 3). The
organization employs a lethal combination of barbaric violence, battlefield expertise and extremist
ideology; added to this dangerous mix is their knowledge of how to manipulate social media as a further
means of disseminating their political agenda (Ibid 2). ISIS has swiftly moved its way across Syria and
Iraq, in a “rapid and stunning fashion” (Ibid 3) in pursuit of its goal to declare a caliphate, or Islamic
State.
The Islamic State is a terrorist organization comprised of warmongering jihadists that control
approximately thirty-five thousand square miles of territory that extends over both Syria and Iraq. The
area that ISIS occupies has been described as equivalent to the size of Jordan, or the state of Indiana (Ibid

8. Steinman 7
12). This territory is home to millions of people who are unfortunately living under the sadistic control of
ISIS. Notwithstanding the group’s military power and territorial dominance, the strong of influence of
ISIS is inextricably connected to its religious ideology. Followers of ISIS adhere to an extreme, violent
interpretation of Islam known as Jihadist-Salafism. Stakelback asserts that this belief system is widely
accepted by Sunni Islamic terrorists. Salafi jihadists have a strong hate for Western civilization and have
adopted the lifestyle of the prophet Mohammed and his earliest followers in seventh-century Arabia. In
the modern twenty-first century, this particular philosophy has translated into the “merciless application
of Islamic sharia law in all areas under ISIS control” (Ibid 12). The incidence of public beheadings,
amputations, crucifixions, sexual slavery and slave-trading are all considered standard, everyday practices
of the Islamic State (Ibid 12).
The media has largely focused its attention on specific acts of terrorism committed by ISIS, such as
gun violence linked to the murder of innocent civilians, as well as decapitations of captives who are under
their control. The gun violence typically occurs in public places that are being frequented by Western
foreigners, such as tourists or businesspeople who are visiting the area. Notwithstanding the need for open
dialogue about the brutality of these acts of terror, given their reported frequency, it is noteworthy that the
media has devoted little to no attention to discussing the atrocities that have impacted women and
religious minorities living directly under the rule of ISIS. In societies that are governed by the laws of
sharia, women and religious minorities have been placed in a particularly vulnerable position. They have
been subjected to mass persecution and have been relegated to the status of second-class citizens (Ibid
12). Women and young girls from the Yazidi community have befallen as victims of ISIS’ culture of rape
and sexual slavery. The existence of these heinous acts is not entirely foreign, since sexual violence,
slavery and rape have historically been part of the nature of war (Hirschauer 2014, 65). Given the
significant underreporting of these incidents, sexual violence, slavery and rape represent an “untold and
silenced backstory of war” (Ibid 65).
v

9. Steinman 8
Throughout history, war has always remained a hostile and dangerous endeavour that has been
pervaded by political conflicts, ideological elitism, inconceivable barbarism, terror and torture. The war
narrative possessed an overarching pattern of human pain and suffering, which discriminated along the
lines of race, class, ethnicity, and gender (Ibid 64). According to Hirschauer, the use of sexual violence
exhibited a “disturbing facilitating role in the warring interplay of state expansionism and nation
building” (Ibid 64). Mass murder and bloodshed were common consequences of war throughout history.
There was great tolerance for the gendered nature of inhumane misery and pain that derived from war.
Men and women suffered radically distinct fates in situations of large-scale conflict: “Men were typically
killed during battle while women and children became a subhuman commodity usually sold off to
serfdom and slavery” (Ibid 65). It was considered acceptable to commit acts of sexual violence and rape,
or to engage in the business of sex trafficking and sexual slavery; these were all deemed to be normative
behaviours within war, which was defined according to a strict binary of gender roles.
From a historical perspective, there was a widely uncontested assumption that at its core, rape was
opportunistic in nature and was motivated by the masculine need for sexual gratification (Ibid 65). Such a
need would typically be required to be immediately or eventually satisfied. Following this line of
reasoning, it was likewise assumed that wartime rape operated according to a logic of arbitrary
randomness, suggesting that it was both natural and unavoidable, left little room for an understanding that
it was strategically planned and was, in effect, part of the “systematic streamlining of war
objectives…from a state, of from militia or guerilla groups, or other commanding entities of authority or
elite” (Ibid 65). Notwithstanding these early beliefs, rape and mass sexual atrocities were also inextricably
connected to functionality. For centuries, rape was used as a “cheap and effective instrument of war” (Ibid
65), and it is only recently that it has been acknowledged as such. It was only as a consequence to the
heinous sexual acts committed on a mass scale during the conflicts of Bosnia-Herzegovina and Rwanda
that rape and sexual violence were finally recognized by both worldwide institutions and international law
as having an instrumental function in the context of war.

10. Steinman 9
Ancient and modern tales of wartime rape, as well as narratives of sexual torture and slavery, have
remained as a domain of history that has been largely disregarded. The typical plotline of war narratives
was meant to instill in audiences the notion of the heroic conquest of evil in the name of patriotism and
national security (Ibid 66). In effect, the gruesome and unpleasant nature of tales of wartime rape and
sexual violence were not suitable to meet the manipulative political objectives of conflict. Perhaps most
relevant to the subject of ISIS’s treatment of women and young girls, it is noteworthy that war was
distinct in its brutality and harshness towards women and children, who were placed in positions of great
vulnerability in their exposure to the numerous atrocities of conflicts (Ibid 66). As far back as 2000 or
1800 BC, the Hebrew prophets depicted a particularly dreadful and distressing situation concerning the
fate of women, infants and children captured in cities. Hebrew prophets graphically described attacks on
pregnant women and violent acts committed against infants. In their prophesies and curses, such horrific
portrayals of the treatment of vulnerable groups illustrated “a vision of a world without limits or structure
or morality” (Ibid 66), a world in which men contravened societally-entrenched, deeply-rooted taboos
concerning pregnancy and sexual behaviour (Ibid 66).
The violation of these customary prohibitions remained extensive in both scope and scale. Rape and
sexual slavery were predominant attributes of war throughout ancient and modern history. Hirschauer
asserts that in centuries of brutal warfare, the treatment of the sexes was radically different. As noted
earlier, there were strict gender divisions in war stemming from the male/female binary. Men were
typically killed because they were “thought to be harder to control” (Ibid 66), whereas women, and in
many instances, children, were held captive and were usually sold into slavery. During conflicts, women
were frequently the victims of sexual violence, being regularly sexually abused and violated. For
centuries, this was often part of a larger strategy, since the capturing of women amidst war and conflict
was extensively used as a method to retain control over the enemy in question. Religious texts and
accounts of ancient and modern warfare attest to the evolution of rape being used for strategic purposes,
as a “cruel, cheap and effective tool” (Ibid 67), in the pursuit and acquisition of territory and power.

11. Steinman 10
It is noteworthy that rape was utilized in an indiscriminate fashion by historical and religious figures
alike, and by leaders who were regarded as possessing moral authority. In the Old Testament, Moses
ordered the rape of thousands of young girls during the war fought against the Midianites. Rape occupied
a similarly significant role in Greek war history; in Homer’s Iliad, the Greeks sought to avenge equally
violent and horrific acts committed against them by raping the wives of the Trojans (Ibid 66). Perhaps the
most infamous case that illustrates the association between rape and warfare is that of the Roman Empire,
which was “legendarily populated through the Rape of the Sabine Women” (Ibid 67). While this account
is regarded as more of a mythical tale rather than a historical and factual event, it provides a strong
indication of contemporary attitudes towards sexual violence and warfare (Ibid 67). The association
between religion and the use of rape during war is perhaps most closely tied to the present-day situation
of ISIS and its control over regions of the Middle East. While Muslim extremists do not accept the Old
Testament as the primary religious text that underpins their faith, and consequently do not uphold the
practices of Moses and other biblical figures as forming a justification for the perpetration of barbaric,
cruel acts, the Qur’an can be subject to a high degree of manipulation and can be used for similar ends as
the Bible. In effect, given the close connection between ISIS and the ideology of radical Islam, the
terrorist organization may exploit verses and narratives from the Qur’an, or may choose to adopt some of
the practices that it espouses—namely that of rape and sexual slavery—as a rationalization for the heinous
crimes that it has committed against women and young girls living under their sadistic control.
The Human Rights Council of the UN established the Independent International Commission of
Inquiry on the Syrian Arab Republic on August 22, 2011, with a mandate to investigate all alleged
violations of international human rights law in Syria that dated back to March 2011. The Commission of
Inquiry was likewise assigned to determine and substantiate the facts and circumstances that amounted to
such violations and of the crimes perpetrated, and “where possible, to identify those responsible with a
view of ensuring that perpetrators of violations, including those that may constitute crimes against
humanity, are held accountable” (About the Commission of Inquiry, 1). The Report written by the

12. Steinman 11
Commission of Inquiry dated August 13, 2015 provides a detailed description of the crisis in Syria and
urges the UN Human Rights Council and UN Security Council to address the situation, with the goal of
finding solutions to bring peace to the region and open the paths to justice and legal accountability (Ibid
1).
Section H of the Report provides information on ISIS’s actions directed towards religious and
ethnic communities. Clause #113 through to #117 discuss ISIS’s treatment of Yazidi women and girls.
ISIS has adopted an extremist Islamic ideology, which calls for the creation of an “expansionist caliphate”
(UNHRC, Report Commission of Inquiry on Syria, Clause #113) and has motivated the targeting of
religious communities deemed to be infidels. The implementation of this radical brand of Islam has been
most apparent in the crimes ISIS has committed against thousands of Yazidi who were abducted from
Sinjar. Hundreds of women and girls were taken by ISIS during the August 2014 attack on the Sinjar
region of northern Iraq. They were forcibly moved over the border into Syria (Ibid, Clause #114). The
Yazidi were specifically targeted because of the religious identity of the community, which ISIS believes
to be pagan. In this state of captivity, ISIS has subjected Yazidi women and children to heinous abuse.
The Report details how “Women and girls have been sold or gifted…to ISIS fighters and tribal leaders in
[the] ISIS-controlled Syrian Arab Republic. Others are imprisoned in houses in towns and villages across
[Syria], where they are held in sexual slavery” (Ibid, Clause #115). The women have been treated as
objects or commodities; those who have been interviewed have described multiple rapes committed by
several ISIS fighters, including incidents of gang rape (Ibid, Clause #115). Significant numbers of
victims have been under the age of eighteen. One example was reported that involved the gifting and
subsequent rape of a 9-year-old Yazidi girl in the city of Raqqah (Ibid, Clause #116).
v
The gruesome and horrific treatment of Yazidi women and children is further discussed by Jessica
Stern and J.M. Berger, in their publication, ISIS: The State of Terror. The question of forced religious
conversion plays a role in ISIS’s treatment of vulnerable groups. The refusal to convert led women and

13. Steinman 12
children to be sold as sex slaves or given to fighters, where they would undergo extreme levels of abuse.
Moreover, the fate of married women was not much better; they were told by members of ISIS that there
was no legal recognition to their previous marriages under Islamic law. Hence, they were forcibly given
to ISIS fighters to marry, as were the single women who agreed to convert religions (Stern & Berger
2015, 216). The Yazidis are a predominantly Kurdish-speaking group that follow a syncretic religion,
which blends elements from both the Christian and Islamic traditions. ISIS believes that the Yazidis
worship the devil, and along with other religious minorities, there are not viewed as people of the book.
ISIS’s interpretation of Shariah law provides justification for their belief that Yazidis are required to
undergo conversion, or will be subject to death in their refusal to change their religious identity (Ibid
216). Stern and Berger refer to scholar Matthew Barber, of the University of Chicago, who studies the
history of the Yazidi people. Barber notes that according to ISIS, the practice of forcibly taking the
Yazidis and other religious minorities into sexual slavery is a means of preventing the “sin of premarital
sex or adultery” (Ibid 216). In addition, it is believed that the enslavement of polytheist and pagan women
is acceptable, since their enslavement is one of the signs of the hour, as well as “one of the causes of al
Malhalah al Kubra”, the Final Battle that will take place in Dabiq.
ISIS maintains that the abandonment of slavery as a practice led to an increase in the sins of
adultery and fornication; this forms yet another justification for engaging in sexual slavery. If a man
cannot afford a proper marriage to a free woman, in such as instances it is reasoned that a man should take
a woman as a slave, since he will otherwise find himself tempted to commit acts of sin (Ibid 216). Similar
to the Judaeo-Christian tradition, the Islamic faith holds that all men possess the capacity to sin. In their
radical, extremist interpretation of Islam, ISIS has adopted the institution of slavery as a legitimate and
justifiable alternative to marriage mandated by sharia law. In comparison to the acts of fornication and
adultery, the enslavement of women is not regarded as immoral, or as a contravention of any religious
ethical teachings. In effect, those who engage in the practice of sexual slavery are not to be regarded as
having committed a wicked, morally reprehensible act; rather, it is believed by ISIS that Allah blesses the

14. Steinman 13
Islamic State with its revival of archaic practices (Ibid 216), that were in existence many centuries prior to
the present day, at the time of the Prophet Muhammad.
Indeed, the use of enslaved women as sexual partners was widely accepted throughout the ancient
Mediterranean and Near Eastern world, where Islam originated in the seventh century (Ali 2010, 111).
Historically, it has been documented that in seeking to develop a friendly relationship with the Prophet
Muhammad, the Christian commander of Alexandria sent him two enslaved women as a gift. The
Medieval Muslim tradition records that one of the Coptic women, Mariya, became Muhammad’s slave
and concubine. The tradition typically refers to her as Maria the Copt, and “appears in most postmodern
sources as the Prophet’s slave” (Ibid 111). In consideration of the fact that a seventh-century Christian
figure did not believe it to be immoral or inappropriate to send women as gifts to a powerful leader, it is
therefore evident that the treatment of women and girls as sexual commodities was broadly deemed a
legitimate and acceptable practice throughout the region (Ibid 112). Given the Qur’an’s repeated
references to the permissibility of men’s sexual relations with women that their right hands possess, most
interpretations of Islam consider the practice of sexual slavery approved and sanction by the religious
tradition (Ibid 112).
ISIS’s radical interpretation of Islam has led its members to believe that it is permissible to capture
unbelieving women, who are characterized as infidels due to their Jewish, Christian or polytheistic
background. The Yazidis would fall into this latter camp, since their faith is comprised of a syncretic
blending of doctrines from both the Islamic and Christian traditions (Stern & Berger 2015, 216-17). In
addition, ISIS upholds the belief that it is permissible to engage in sexual intercourse with female
captives, since such a practice is approved by Allah. They the Qur’anic verse 23:5-6 which refers to
believers guarding their chastity, except from their wives, or the captives and slaves that their right hands
possess, since it is in those situations that men cannot be guilty of any wrongdoing (Ibid 217). The notion
of possessing women, whether they be wives or slaves, brings to bear the theme of objectification.
According to ISIS, women are merely property, which therefore provides justification for buying, selling,

15. Steinman 14
or giving as gifts female captives and slaves. Since women have been relegated to the status of property, it
is acceptable to dispose of them after they have outlived their use, “as long as that doesn’t cause [the
Muslim ummah] any harm or damage” (Ibid 217).
The practices of rape and sexual slavery implemented by ISIS highlight a great dissonance between
medieval and modern religious views. It is commonly understood that with the passage of time, any
religion that survives for an appreciable period must eventually confront the problem of adapting to
historical change. Such a dilemma is not only applicable to Islam, since many religious traditions uphold
practices that are no longer deemed acceptable in modern society. The reconciling of the “divine
scriptural provenance of scriptural rules” (Ali 2010, 107) with a moral code that is influenced by
principles of secular humanism can prove to be an extremely difficult task. The conflict that exists
between religious understandings of ethics and contemporary morality arises when one considers that
Classical Islamic law accepts the institution of slavery and the sexual use of female slaves (Ibid 107).
While the overwhelming majority of Muslims today reject all forms of slavery, the terrorist organization
of ISIS upholds the practice, and does not perceive an inherent dissonance between modern notions of
human rights and the archaic religious values that it upholds. ISIS’s endorsement of a radical
interpretation of Islam enables the terrorist organization to justify its heinous and abhorrent treatment of
Yazidi women and young girls through its implementation of rape and sexual slavery.
Many historians, scholars of the classical era and traditionally trained scholars of Islam, view
slavery as having a place in Muslim history and in the sacred texts of the religious tradition. However, a
large number of late twentieth-century and twenty-first-century Muslim authors and laypeople have
downplayed the existence of slavery in the history and texts of Islam (Ibid 108). It is commonly perceived
by the West that the Islamic faith is uniquely oppressive of women. It is typically understood that Muslim
men are sexually lascivious and display significant promiscuity; women, in contrast, operate under great
restraint and are sexually controlled. To ignore or deny the existence of the place of slavery and slave
concubinage is a means for individuals to neatly “reject this portrait of Islam as a debased religion” (Ibid

16. Steinman 15
108). Notwithstanding that the sexual oppression of women in Islamic societies is frequently portrayed by
Western media sources, the atrocities committed against Yazidi women and children, as well as other
religious minorities demonstrate that there is some truth to the stereotype of controlled female sexuality in
Islamic society. Although the vast majority of Muslims are in agreement that slavery does not have a
place in the modern world, and some nineteenth and twentieth-century reformers, such as Sir Sayyid
Ahmad Khan, were in opposition to the practice, the pressure to abolish the institution of slavery derived
from a combination of European colonial powers, as well as economic and demographic shifts, which
ultimately lessened the utility of slaveholding (Ibid 109).
Although predominantly Muslim nations terminated the practice of slavery, the critique of the
institution was not framed by government officials, legislators and activists in religious terms.
Conversely, religious precepts and doctrines have been used to legitimize slavery by isolated defenders of
the practice. In its radical, fundamentalist interpretation of Islamic scripture, ISIS has constructed a
justification for the atrocities that it has perpetrated against women and young girls and has opposed
arguments in favour of the abolition of slavery “on the grounds that slavery [is] accepted in religious
texts” (Ibid 109). Indeed, the institution of slaveholding was regarded with a high degree of legitimacy in
Ottoman society, which serves to further bolster arguments in favour of slavery. Today, there are a
number of fringe and radical groups, such as ISIS, that insist that slavery would “still be a viable part of
the social order, if Muslims were to return to their natural place of political and military supremacy in the
world” (Ibid 109). In their pursuit of the establishment of a caliphate, or an Islamic State, ISIS is seeking
to occupy a position of military and political power on the world stage. The notion of the caliphate is
central to the ideological framework of the terrorist organization, since it is through the creation of a
purely theocratic state, which is governed on an extremist interpretation of Islamic sharia that ISIS can be
permitted to commit some of the greatest atrocities known to mankind.
In its egregious and morally reprehensible treatment of women and young girls from the Yazidi
community and other religious minorities, ISIS has developed a radical theology of rape and sexual

17. Steinman 16
slavery that has become deeply rooted in the ideology of the Islamic State. The systematic use of rape and
sexual slavery highlights how these practices have been “enshrined in the group’s core tenets”
(Callimachi 2015, 1). The article entitled, “ISIS Enshrines a Theology of Rape” from the New York
Times by journalist Rukmini Callimachi describes how the Islamic State has developed an administrative
system of sexual slavery that has been likened to a form of bureaucracy, which includes sales contracts
that have been notarized by the ISIS-run Islamic courts. The women and girls are registered in these
contracts as having slave status, and if their owner would sell them to another buyer, a new contract
would then be drafted, which can be analogously likened to the transferring of a deed of property (Ibid 4).
The system being used by ISIS militants is “replete with its own methodology of inventorying the
women” (Ibid 3), and a lexicon has been developed, where the term for slave—Sabaya—was added to
their names. Wholesalers would purchase women and girls; they would then be photographed and given
numbers so that they could be advertised to potential buyers (Ibid 3). The aforementioned details illustrate
the extreme objectification and commodification of the women and girls who are being held captive by
ISIS militants and trafficked for sexual slavery.
The practice of sexual slavery has become used as a recruiting tool by ISIS to lure men who are
living in highly conservative Muslim societies, where casual sex is regarded as taboo and dating is not
permitted. Guidelines for slavery have been established through a growing body of internal policy
memos, as well as a “lengthy how-to manual issued by the Islamic State Research and Fatwa Department”
(Ibid 1). ISIS leadership has persistently placed emphasis on a restricted and selective interpretation of the
Qur’an and other religious ordinances to justify violence, as well as to exalt and celebrate each act of
sexual assault as being virtuous and of spiritual benefit to those who are committing such acts.
ISIS fighters believe that the raping of women who practice a religion other than Islam is
permissible. In view of their status as infidels, the Qur’an not only gives the men the right to rape women
and young girls from the Yazidi community and other minority groups. According to members of the
terrorist organization, the text likewise condones and encourages this behaviour. ISIS fighters adopt the

18. Steinman 17
line of reasoning that the rape of unbelievers brings them closer to God, and is a form of divine worship.
According to Callimachi, acts of rape are typically bookended with acts of religious devotion. It was
reported that fighters would prostrate themselves in religious prayer both before and after the act of rape
(Ibid 1). The Islamic State has made it explicitly clear that their systematic enslavement of Yazidi women
and young girls has been “extensively preplanned” (Ibid 3). The sex trade has been primarily based on the
enslavement of females from the Yazidi community, primarily due to the terrorist organization’s belief
that one of the seven angels to whom Yazidis prey—known as Taus Malik—is not God, but is rather an
embodiment of the devil. Since they worship the devil, it has been reasoned by the Islamic State that the
Yazidis are their property and can be sold and used for any purposes that they deem to be appropriate and
necessary (Ibid 2).
The association of Yazidis with polytheism has likewise placed them on the fringe of Islamic
society. ISIS has defined the Yazidis as an other, since it is believed that they occupy a position on the
periphery of “despised unbelievers, even more than Christians and Jews, who are considered to have some
limited protections under the Qur’an as fellow ‘People of the Book’” (Ibid 2). Religious faith plays a
dangerous role, given the Islamic State’s construction of a theology of Islam that is both radical and
fundamentalist in nature, and which emphasizes the importance of rape and sexual slavery in its treatment
of female minorities. The terrorist organization cites specific verses and narratives from the Qur’an or the
Sunna, the latter of which consists of the deeds and sayings of the Prophet Muhammad, to justify their
human trafficking of Yazidi women and children (Ibid 3). Many scholars agree that much of Islamic
scripture sanctions slavery. Cole Bunzel, scholar of Islamic theology at Princeton University, has
indicated numerous references to the phrase, “Those your right hand possesses” in the text of the Qur’an.
For centuries, interpretations of this statement have suggested that it is referring to the control and
ownership of female slaves. In addition to religious scripture, there is a corpus of Islamic jurisprudence,
which extends into the modern era, that includes detailed sets of regulations for the treatment of slaves
(Ibid 3). According to Bunzel, while many modern Muslims would contend that the institution of slavery

19. Steinman 18
is no longer relevant and has fallen into a state of abeyance, ISIS believes in the revival of this institution,
since they seek to emulate the lifestyle and practices of the Prophet Muhammad in the seventh century
AD (Ibid 3). Arguably, ISIS’s manipulation of religious dogma has led to the creation of a perilous and
threatening situation that affects human security on both a regional and a global scale. The rape of
thousands of women and young girls from the Yazidi community has been occurring in the context of
war; rape is “one form of atrocity that occurs alongside other atrocities” (Wood 2012, 390) and war itself
provides an appropriate setting for the occurrence of widespread rape (Ibid 390). However, the existence
of the civil war in the Syrian Arab Republic is not the sole underlying cause for the sexual enslavement
and rape of Yazidi women and young girls. The Islamic State’s ideology of religious extremism has
likewise contributed to its implementation of rape as an effective strategy of war. On a practical level, the
mass rape of the Yazidis can be likened to a form of ethnic cleansing and genocide, and poses a
significant existential threat to the security of all persons living under the control of ISIS, as well as to the
international community of states.
v
Notwithstanding that genocide and crimes against humanity pose serious dangers to the security of
nations, and despite the fact that acts of sexual violence have, throughout history, been frequently
deployed in vast scope and scale, “the structural impact and digressive and complex security
implications” (Hirschauer 2014, 5) of sexual violence have not been recognized legally and politically for
the severe threats that they constitute for the international community. According to Hirschauer,
oftentimes reports that have alleged the existence of sexual violence and mass rape during conflicts have
benefited governments in their capacity to manipulate these events, using them as propaganda tools to
advance their power ambitions in war. Women thus remained the spoils of war and rape was utilized as a
mechanism of terror. Despite countless violations of human rights and threats to human and global
security, mass sexual atrocities during war remained a matter of silence (Ibid 5). Reports concerning the
event of wartime rape were constructed to appear as an inevitable and natural consequence of conflict.

20. Steinman 19
The structurally damaging nature of rape during war and the horrifying realities that it engendered upon
its victims was not conveyed to a global audience. The lack of seriousness ascribed to acts of sexual
violence can be attributed to the notion that rape was perceived as a “garden-variety domestic crime”
(Ibid 5) rather than an unlawful act that transcends borders internationally. Wartime rape did not evoke
the same sense of terror on an international political scale in comparison to other war crimes and crimes
against humanity. Rather, it was typically viewed as a matter that solely impacted the private, social and
domestic sphere. Consequently, states disregarded the impact of rape and its underlying structural nature.
Rape and acts of sexual violence during war were not believed to constitute a true breach of security and
were dismissed as an individual, rather than a collective problem (Ibid 5). It was only in the aftermath of
the mass rapes that occurred during the conflicts in Rwanda and Bosnia-Herzegovina that the
international community, “within a new legal context, start[ed] to wrestle - ...with the wider implications
of rape as a ‘clear strategy of war’” (Ibid 5).
Wartime rape and sexual slavery must be securitized, which is to suggest that the problem must
appropriate a distinctive security character, “validated through a specific, existential threat component”
(Ibid 5-6). Securitization is an intersubjective process that is dependent upon an interplay between
subjects. The notion of intersubjectivity demands that a set of steps and process sequences be adhered to,
and that the specific threat that exists between subjects be properly legitimized. Typically, securitization
bodies, such as the state, international organizations, non-governmental groups and the media are able to
indicate which group is experiencing a threat to their security. Women—and by extension—the state, a
specific region, and international peace, are all collectively existentially threatened by wartime rape (Ibid
6). At this juncture, securitization joins together a specific existential threat component, which is usually
inevitably damaging or fatal, to a particular issue, such as rape. Based on reasoning and proper
evidentiary support, a gradual logic, or awareness, surrounding the threat is established, which is then
legitimized through its presentation to “a credible, competent audience” (Ibid 6). The notion of audience
is best exemplified by international institutions, or war crime tribunals, such as those instituted for

21. Steinman 20
Rwanda and the former Yugoslavia. Once the audience is convinced of the severity and existential nature
of the threat in question, such as wartime rape and sexual slavery, the audience must then begin to
undertake exceptional measures that have a goal of addressing this serious threat (Ibid 6).
According to Hirschauer, various steps have been taken to ensure the securitization of rape, both
during and after the conflicts in Bosnia and Rwanda. Perceptions of wartime rape of women have matured
and evolved from a collective understanding of rape as a standard by-product of war, or “at best, a
perennial element of humanitarian crises” (Ibid 6), to a danger that existentially threatens women, and by
extension, a threat that more broadly impacts the state and the collective in terms of regional and
international peace. Through the conflicts of Bosnia and Rwanda, rape has become securitized due to the
wider political, economic and social consequences that it poses to the world community. Extraordinary
and exceptional measures were deployed as responses to the situation of mass rape; these responses went
beyond the typical objectives motivated by altruism and humanitarianism. The wars in Rwanda and
Bosnia occasioned a significant shift in international norms and assumptions that had largely served to
construct an understanding of sexual violence for many centuries. In effect, wartime rape was, for the first
time, deemed to be a threat to world peace and security (Ibid 6).
As a direct product of the concept of securitization, ad hoc tribunals were established during the
conflicts of the former Yugoslavia and Rwanda; these tribunals appeared for the first time since
Nuremberg. This was followed by a development of a new set of international case law, which in turn
created “new international legal practice and a new judicial understanding about sexual violence during
war” (Ibid 6-7). The tribunals convicted mass rapists, holding them accountable for their crimes, since
they were perceived to be contributing to the facilitation of genocide. In addition, amidst the turmoil of
these genocidal events. The mass rapes of Bosnia and Rwanda emerged as unprecedented watershed
moments for international security, and introduced new assumptions and norms concerning wartime rape.
In this way, the operative structural mechanisms and security impact of rape and sexual violence were
made visible and globally recognizable (Ibid 7).

22. Steinman 21
The conceptual framing of wartime rape was greatly impacted and transformed by the conflicts in
Bosnia and Rwanda. The situation in both countries serves as a parallel narrative of the present-day chaos
and turmoil in the Middle East that is largely connected to the atrocities being committed by ISIS against
Yazidi women and young girls. The situation in Bosnia involved the existence of rape camps and the
tactic of forcible impregnation, which was used in connection with ethnic cleansing as a key war
objective. Thousands of women were forcibly impregnated and held captive in rape camps throughout the
region; the women were imprisoned in these camps for a prolonged period of time, which made it
impossible for them to seek abortions (Ibid 19) and reclaim rights to their bodily integrity and personal
autonomy, which had been wrongfully violated. Sex was used “reproductively on an ethnic basis with the
aim [of] producing a dominant ethnicity” (Ibid 10). The nexus of forced impregnation, ethnic cleansing
and genocide is highlighted by the mass rapes in Bosnia, where Serbian soldiers raped women so that they
would eventually give birth to little Serbian soldiers. It has been argued by scholars that the raping of an
individual in order to erase and obliterate their ethnicity can effectively constitute genocide if it can be
established that such an act induces serious physical or psychological harm (Ibid 19). As demonstrated by
the Bosnian war case, rape and forcible impregnation have a significant impact on ethnic and cultural
identity (Ibid 19).
Moreover, the large influx of children born as a result of genocidal rape in and forced impregnation
caused great disruption. The everyday memory of the past— “the children born out of these mass rapes”
(Ibid 11)—engendered a permanent state of social disorder to the extent that the culture and institutions of
the society were ultimately destroyed. The events of mass rape and forced pregnancy led to great trauma
and terror and affected whole generations. Consequently, it brought about both the community’s physical
destruction and “warped and changed its communal psyche and identity” (Ibid 11). Research found that
the harm engendered by mass wartime rape altered the national, multi-ethnic identity of the Bosnian
Muslims. They were recognized to have an inclusive, heterogeneous and multi-ethnic way of life, and

23. Steinman 22
after the war in Bosnia, the distinct identity traits that defined them as a people were nearly completely
eradicated.
Similarly, with respect to the situation in Rwanda, mass sexual violence during the genocide
developed an equivalently devastating and enduring legacy; although, in the aftermath of the war, there
were some notable differences from the Bosnian crisis in terms of the impact of wartime rape on the
social and economic dimensions of the society. The Rwandan genocide gave rise to a concept, amongst
scholars, of genocidal rape, which refers to “a systematically organized military tactic of terror and
genocide” (Ibid 19), which elevates these acts of sexual violence to a strategy of terrorism. The targets of
the systematic mass rape in Rwanda were primarily women and girls from the Tutsi population. As a
consequence to the atrocities that transpired, the majority of rape survivors were ostracized by their
villages and husbands. Marriage in many regions of Africa remains a “critical, social provider of
economic security” (Ibid 11), which was meant to ensure a woman’s ability to survive economically and
financially. However, following the Rwandan genocide, many survivors of rape were considered to be
defiled, tainted and unsuitable as potential wives. Several scholars have perceived these extensive
“structural implications as a function of genocide” (Ibid 11) since they were instrumental in facilitating
the annihilation of an entire population, impacting both the physical and social dimensions of their
existence. In addition, many of the Rwandan rape survivors were infected by HIV and later died of AIDS
as an unfortunate ramification of the mass use of sexual violence. The contraction of HIV/AIDS was
associated with great stigmatization and marginalization; as such, rape survivors experienced significant
difficulty with the process of societal reintegration and were thereby forced “into the social and economic
peripheries of their communities” (Ibid 11).
Similar to the Islamic State’s deployment of rape as an instrumental weapon and tactic of war that is
meant to destroy the culture and identity of the Yazidi community, rape in Bosnia and Rwanda has been
recognized as specifically designed to “psychologically destroy the structural fabric of a society, to [create
irreversible] damage…through the invasion of the female body” (Ibid 9-10). The systematic rape and

24. Steinman 23
sexual slavery of Yazidi women and girls occurring in parts of Iraq and Syria by ISIS militants has been
likened to a form of genocide, since the intention behind the act is to bring about the destruction of the
group’s identity. Religious conversion plays a role in this scheme; ISIS believes that Yazidis are devil-
worshippers and therefore must undergo a conversion of faith while living under their control as sex
slaves. Religion is deeply connected to notions of personal and cultural identity; requiring that individuals
forcibly renounce their faith is tantamount to an assault on their personhood and minority group status.
When examining the situations in Bosnia, Rwanda and the Middle East comparatively, the perpetrators of
the heinous acts deployed slightly different methods of sexual violence. ISIS militants did not adopt the
Bosnian strategy of forcible impregnation, and conversely, the Bosnian military did not adhere to a
religious fundamentalist ideology that legitimized the institution of sexual slavery. However, despite these
technical differences, two themes remain uniform in all three situations: firstly, rape was deployed as a
weapon of war and as a terror strategy. Secondly, the intention behind the perpetration of these acts of
wartime rape and sexual violence was to bring about mass genocide and the ethnic cleansing of
vulnerable populations and minority groups. Evidently, these three cases highlight that the existence of
wartime rape and sexual violence presents a significant threat to human security on both a regional and
international level, and that perpetrators of these heinous, reprehensible acts must be held accountable
under international law. In effect, in order to achieve true justice, wartime rape and sexual violence must
be acknowledged by the international community as egregious acts that require proper punishment, as
mandated by the maximalist approach to human security. In addition, wartime rape and sexual violence
must be subject to proper criminalization; however, as it will be demonstrated in the forthcoming
conclusion, the implementation of a minimalist conception of human security, which mandates the use of
legal instruments to effectively criminalize rape and sexual slavery, is fraught with numerous challenges
that may ultimately obstruct the path to collective security and eventual retribution.
The severe conflicts of Bosnia-Herzegovina and Rwanda and the atrocities committed against
innocent civilians thrust wartime rape into the forefront of international security. In the Spring of 1992,

25. Steinman 24
“at the advent of the 21st
century and an increasingly multilateral political world order” (Ibid 13), the
reports of rape camps stationed throughout Europe sparked great outrage and sent shockwaves across the
international community. The mass rape of Tutsi women in the Spring of 1994, which played a cruel
instrumental role in the Rwandan genocide, likewise stunned the world. International institutions, non-
profit groups, political actors, activists and scholars struggled to comprehend these grave atrocities
committed on such a large scale that was plainly visible to the world. The UN, in its pursuit to regain its
own institutional credibility, established the Hague Tribunal in 1993. This was interpreted as a means of
avoiding potential humiliation, following the media’s extensive reporting of the horrific ethnic cleansing
that took place on a mass scale in Bosnian Serb prison camps (Ibid 14). Through the creation of the
Hague Tribunal, the UN sought to “reassert and reposition itself as an institutional authority” (Ibid 14).
The Hague would eventually set out a new normative framework for the concept of International Law.
The Tribunal effectively securitized wartime rape in performing a binary function; firstly, the Security
Council adopted the position of a securitization actor and spoke of the grave state of emergency
concerning the committed atrocities of rape and sexual violence as existential threats to international
peace and security. Secondly, the Tribunal, with its “judgments and legal interpretations, including
convictions, became an extraordinary – exceptional – measure” (Ibid 14), since it operated distinctively
as an international judicial body that possessed the capacity to hold war perpetrators and rapists
responsible for the heinous crimes that were committed during situations of conflict. Prior to the
institution of the Hague Tribunal, the notion of judicial accountability was not considered with respect to
acts of wartime rape and sexual violence (Ibid 14).
In 1993, the Security Council passed Resolution 808, thereby establishing the Tribunal as an active
judicial body. Resolution 808 treated wartime rape as a “threat to international peace and security” (Ibid
14). In effect, in adopting the role of securitization actor, the Security Council, through Resolution 808,
cemented a clear link between security and wartime rape. The Security Council passed additional
monumental resolutions which further reinforced the connection between wartime rape and human and

26. Steinman 25
global security. Resolution 1325, which was advocated by feminist activists and women working within
the UN apparatus, acknowledged the intersection between women, peace and security. Resolution 1820
discussed the underlying link between “wartime rape and international peace and security” (Ibid 17), and
Security Council Resolution 2106 focused on sexual violence in armed conflict highlighted the need for
all Member States and United Nations entities to take appropriate action to combat these crimes and
condemn their impunity (Ibid 17). The mass perpetration of wartime rape in Bosnia and Rwanda led to
the development of a new normative legal terrain, which established rape as a “widely endorsed
mechanism of war” (Ibid 17). It was with the passing of Resolutions 1325, 1820 and 2106 that the UN
Security Council finally acknowledged the connection between wartime rape and international human
security (Ibid 17-18).
As an international entity of law, the Hague Tribunal’s judicial legitimacy enabled it to become a
principal extraordinary measure in its response to the existential threat of wartime rape. The Tribunal
reinstated rape as a war crime and crime against humanity, and acknowledged the particularly egregious
nature of war-based acts of sexual violence, given their perpetration on a “widespread scale with a
preplanned tactical purpose” (Ibid 16). Finally, the Hague Tribunal set a precedent for an international
court’s ability to issue judgments on war crimes and crimes against humanity. Ultimately, the Tribunal
redefined pre-existing perceptions concerning the treatment of acts of wartime rape and sexual violence.
As a result of the conflicts in Bosnia and Rwanda and the establishment of the Hague Tribunal, there was
a shift in global consciousness concerning the problem wartime rape and sexual violence. Henceforth,
rape was recognized as a prosecutable war crime and crime against humanity. This view gained
considerable legal and political traction; the continued securitization of rape imbued both national and
global policies, and had a significant influence on landmark judicial decisions (Ibid 16-17).
v
The wartime rape and sexual slavery of Yazidi women and young girls that has been perpetrated
by ISIS militants must be addressed through the application of a securitization framework that treats

27. Steinman 26
wartime rape and the institution of sexual slavery as war crimes and crimes against humanity that must be
duly prosecuted under international law. For many centuries, rape has remained unrecognized as a war
crime and its perpetrators have evaded punishment for their heinous acts. Throughout the “global
landscapes of war, [rape] has enjoyed legal complacency, rewarded with state-sponsored impunity” (Ibid
82). In 1998, the Rome Statute, signed by 120 states, was not only the vehicle for the subsequent
establishment of the International Criminal Court (ICC) in 2002, but likewise firmly entrenched a new
normative legal terrain for wartime rape as a violation of international law. The ICC was a natural
derivative of the Yugoslav and Rwandan Tribunals, but was deemed to be a court of last resort that should
only be “actively pursued once national courts failed to act” (Ibid 84) in an appropriate manner. The
Rome Statute is responsible for ushering in a new vocabulary and specific legal mechanisms which were
aimed at prosecuting wartime sexual violence. Following the standards set out by the Rwandan
International Tribunal, the Statute understood and interpreted rape—as well as sexual violence—
specifically, as a “war crime and crime against humanity, which could constitute acts of genocide” (Ibid
84). The ICC was uniquely able to demand that reparations be provided to survivors of wartime rape.
Moreover, given the events that took place in Bosnia, the ICC’s Statute distinctively outlined a legal
framework for the term, forced pregnancy, defining it as the illegal and wrongful confinement of a
woman forcibly made pregnant, with the overall objective of impacting the ethnic composition of any
population, or conducting other serious contraventions of international law (Ibid 84). Moreover, the ICC’s
Statute appeared promising to address women’s rights issues, given its heightened sensitivity to gender. In
its overarching judicial philosophy, and in its interpretation of cases and statements made by witnesses,
the ICC sought to imbue women’s objectives into its rulings, providing an analysis of law rooted in an
understanding of the nature of gender in society. The ICC required that its judges and advisers possess
legal knowledge in issues concerning gender-based violence, including violence that specifically targets
women and children. In addition, given its sensitivity to gender-related problems, the ICC likewise

28. Steinman 27
demanded the recruitment of personnel who specialize in trauma, with a particular emphasis on trauma
that is associated with crimes of sexual violence (Ibid 84-85).
Although international law and justice have evolved considerably since the Nuremberg trials in the
aftermath of the Second World War, their enduring vulnerabilities as concepts, which are chiefly aimed to
bring retribution to victims and provide for a secure, peaceful and morally sound world, have been highly
apparent. The notion of crimes against humanity has been embattled from the very beginning, clashing
with another fundamental principle of modern politics—namely, the “absolute sovereignty of the state”
(Ibid 85). The occurrence of numerous heinous atrocities perpetrated by ISIS in Iraq and Syria, including
their deliberate targeting of Yazidi women and young girls for mass rape and sexual slavery, has largely
been permitted due to the international community’s unwillingness and inability to develop and execute
appropriate strategies for tracking down members of the ISIS militia, with the ultimate goal of bringing
them to justice. In essence, in their refusal to deploy ground troops, the international community of state
actors is contributing to the gross violations of international humanitarian law that are occurring under the
rule of the Islamic State in Iraq and Syria. In Resolution 2249 adopted on November 20, 2015 by the UN
Security Council, it is acknowledged that ISIS represents a “global and unprecedented threat to
international peace and security” (UNSC Resolution 2249, 1), and that all acts of terrorism are “criminal
and unjustifiable” (Ibid 1), constituting serious dangers to global security. The UN likewise reaffirms that
the situation in the Middle East will continue to deteriorate if no political solution is to be found. Member
States are expected to ensure that proper steps are taken to combat terrorism in compliance with their
“obligations under international law…international human rights, refugee and humanitarian law” (Ibid 2).
The UN condemns the systematic and widespread abuse of human rights and contraventions of
international law committed by ISIS. Resolution 2249 reaffirms that those individuals responsible for the
perpetration of “violations of international humanitarian law [as well as] violations or abuses of human
rights” (Ibid 2) will be held accountable for their actions. While it appears that the Security Council
believes that the atrocities committed by ISIS represent a serious existential threat to the international

29. Steinman 28
community, paradoxically, Resolution 2249 upholds the doctrine of “sovereignty, territorial integrity,
[and] independence” (Ibid 1) of all states in accordance with the principles of the United Nations Charter.
Paradoxically, it is precisely this compliance with the notion of state sovereignty that is further
contributing to the worsening of an already grave situation in Iraq and Syria. The UN possesses all the
necessary tools and resources for combatting this source of evil in the Middle East; however, they are
failing to properly implement strategies that should, as an end goal, lead to the eradication of the Islamic
State terrorist organization. While the UN and other international securitization actors fail to take
appropriate measures to fight ISIS, beyond the overused deployment drones, Yazidi women and young
girls will continue to be victims of rape and sexual slavery, and the brutal slaughtering of this minority
group will only persist until they are completely annihilated by ISIS militants. In order to prevent the total
destruction of a people, and in order to combat this extremist terrorist organization, the Responsibility to
Protect (R2P) doctrine must be invoked as a measure that will ultimately bring about greater security to
all affected regions of the Middle East, as well as to the international community, since all states are
potential targets of ISIS and can therefore be subject to various forms of terrorism.
In his essay entitled, “The Responsibility to Protect: From Evolving Norm to Practice”, Andy
Knight argues that there is an obligation to intervene in the affairs of other states for humanitarian
purposes, to protect people who are at risk of “extermination by governments” (Knight 2015, 31) that are
supposed to act in the role of guardians to their citizens. Similarly, there is likewise a responsibility to
intercede in countries that are afflicted by civil conflict, to protect individuals who are being harmed and
targeted by other groups (Ibid 31). In the face of mounting deaths and suffering populations, it is no
longer possible to stand by and adopt an attitude of inaction. Rather, states have a moral responsibility to
put an end to the violence and carnage of genocidal events (Ibid 33). The R2P doctrine emerged out of an
evolving narrative that has increased our awareness of the need to treat all people of the world with
dignity and respect, as well as to focus on “people-centred security” (Ibid 33). Moreover, the R2P
doctrine has built a new normative paradigm that is designed to advance the belief that sovereignty can no

30. Steinman 29
longer be used as a means to conceal the most heinous crimes committed against innocent people (Ibid
33). Canada was one of the central countries that pioneered the establishment of the R2P doctrine. A
convention of the Legal Council of the League of Nations in 1933 recognizes that in times of peace and
war, genocide is to be regarded as a crime that is punishable under international law. States must thereby
take action within their own respective countries to enforce sanctions and punishment against the
perpetrators who are committing acts of genocide (Ibid 33-34).
Chapter VII of the UN Charter is invoked to “sidestep the embedded Charter principles of
sovereignty and non-intervention” (Ibid 35). In the interest of maintaining peace and security, Chapter VII
functions as a recognized exception to the principles of sovereignty and non-intervention. By virtue of
Chapter VII, the Security Council has been able to engage in discussion and deliberation over the proper
use of humanitarian interventions to stop large-scale atrocities. Such interventions normally take the form
of coercive action by one or more states through the use of armed force “in another state without the
consent of its authorities” (Ibid 35), with the purpose of preventing widespread loss of life in the form of
genocide or mass killing, forced migration and ethnic cleansing, and an extensive, systematic violation of
human rights (Ibid 35). The R2P doctrine addresses the conflict between the competing perspectives of
humanitarian intervention and the norm of sovereignty and non-intervention (Ibid 38). The concept of
sovereignty was thereby reframed as responsibility, advancing the notion that the international community
has a responsibility to advocate respect for human rights “and humanitarian standards inside the
boundaries of failed or failing states” (Ibid 39). In effect, Canada, along with other pioneers of the R2P
norm, joined together in asserting the belief that sovereignty and the protection of people at risk are not
mutually exclusive concepts (Ibid 39). Sovereignty could therefore no longer be regarded through an
absolutist lens; this is to suggest that state leaders can no longer use it as a justification to treat their
citizens in a manner that is inconsistent with the principles of dignity and respect for human rights. It was
no longer an applicable or appropriate to conceive of state sovereignty through an absolutist perspective.
Rather, absolutism would be replaced with a “bridging [of] the seemingly incompatible principles of

31. Steinman 30
sovereignty and humanitarian intervention” (Ibid 51). In effect, the Canadian government’s efforts to
pioneer the R2P norm are worthy of recognition, since it is in the advancement of such a principle that the
country has sought to avert genocide, mass slaughter, ethnic cleansing and a myriad number of other
significant human rights abuses (Ibid 51).
State sponsored impunity has given rise to a sense of tolerance and acceptance of perpetrators who
have committed grave acts of wartime rape and sexual violence. In their refusal to intervene in the affairs
of Iraq and the Syrian Arab Republic and deploy measures to eradicate the Islamic State, the world is
turning a blind eye to genocide and various egregious crimes against humanity. In so doing, the
international community is responsible for perpetuating the barbaric acts of wartime rape and sexual
violence that are being committed by ISIS against Yazidi women and young girls. Evidently, this
condemnation and punishment of states that engage in genocidal acts is relatively rare, given the existence
of the non-intervention principle. It is under this rule that all states are “decreed equal, and none…have
the right, divine or otherwise, to interfere in the internal affairs of another” (Ibid 17). It is reflective of a
central tenet in policymaking, known as the national interest, which is defined primarily in relation to
territorial security of the state (Ibid 17). In effect, the principle of non-intervention bears a close
relationship to the notion of sovereignty, which is frequently espoused by a realist perspective in world
politics theory. Concerning its military implications, the principle of non-intervention is upheld with great
seriousness by decision-makers. Any discussion of international or unilateral interventions that are
designed with the intention to stop or prevent genocidal events from occurring must grapple with the
reality of state sovereignty. Arguably, state sovereignty can engender state violence, since it is states that
commit or are complicit in these massive atrocities (Ibid 32). In addition, in its espousal of the doctrine of
non-intervention in the affairs of other states, the principle of state sovereignty does more harm than good
by fostering an attitude of inaction that ultimately facilitates further acts of genocide and human rights
abuses.
v

32. Steinman 31
As a matter of conclusion, it is necessary to recapitulate the underlying objective of the paper in
terms of the material covered and the overarching argument that was advanced. The preceding discussion
focused primarily on the religious ideology of ISIS, and the connection between this extreme radicalism
and the practices of rape and sexual slavery. The following section featured an examination of the
securitization theory of rape and its implications for global security. This section of the paper brought to
bear a discussion of Bosnia-Herzegovina and Rwanda, which served as parallel examples that illustrated
the atrocities that have been caused by the Islamic State in the Middle East. Finally, some concluding
remarks were offered concerning the notion of the criminalization of wartime rape and sexual slavery, and
its connection to the Responsibility to Protect doctrine. Prior to proceeding with the aforementioned
topics, necessary background information was provided on the ISIS terrorist organization, as well as a
brief historical overview of wartime rape and sexual slavery. The latter was supplemented by some
commentary from a report commissioned by the UN Human Rights Council, concerning the events that
have unfolded in the context of the ongoing civil war in the Syrian Arab Republic.
When addressing a particular human security issue such as that of the Islamic State, both minimalist
and maximalist principles of security must be applied in order for the international community of state
actors to adopt, from the standpoint of policy, an approach that can properly merge the concepts of ethics
and security. The concept of collective security brings to bear the notion of justice, since it is under this
principle that states mutually agree that aggressors who commit acts of violence against other states, or
against people within their own state, must be subjected to proper forms of punishment (Ibid 18). In this
paper, it has been argued that the concept of collective security is indispensable to achieving an effective
solution to eradicating the evil force of ISIS. The notion of collective security is inextricably tied to an
adoption of both minimalist and maximalist positions of human security. Justice cannot be achieved
without the international community’s proper acknowledgement and recognition of the egregious acts
being committed by ISIS militants, through the application of a maximalist approach. Similarly, there
cannot be said to be proper justice without the adoption of a minimalist perspective of human security,

33. Steinman 32
which seeks to apply the necessary legal instruments that would effectively criminalize the rape, sexual
slavery and other barbaric acts that are being perpetrated by the Islamic State, and hold ISIS militants
accountable for their heinous war crimes and crimes against humanity.
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