Sex as a weapon: The war on terror and just war theory

Findings and Conclusions: This thesis asserts that jus in bello standards for contemporary warfare can be meaningfully adapted to regulate asymmetric conflicts. Although, non-state agents may be forced to resort to acts of terror in order to achieve their aims, empowered states must abide by jus in bello criteria as regulations of wartime conduct. For example, a captured enemy who is not abiding by jus in bello standards---a terrorist who uses immoral tactics---may be justified in doing so if their targets are military ones. These agents deserve fair treatment from empowered states even if they themselves do not abide by jus in bello standards. Similarly, as captured combatants these agents must be treated according to the just war standards that govern the treatment of captured enemies. Enemy combatants, even if outside the legal parameters of prisoners of war, have the right to benevolent quarantine and to be safeguarded from torture. I use the Abu Ghraib scandal as a case illustration to demonstrate the perverse nature of torture and to discuss its place in contemporary warfare. The Abu Ghraib photos also expose the use of sexual aggression as an interrogation tactic. I offer support for the claim that such tactics are immoral and impermissible not only under the established protections of international law, but also as ethical violations of the basic rights owed to detainees and their female interrogators. In order to be successful, sexualized torture must capitalize on the systemic chauvinism present in both military culture and traditional Muslim culture. Through the self-marginalization of female sexuality, female soldiers are exploiting their own bodies as weapons of war in order to humiliate Muslim detainees. This self-marginalization contradicts normative gender roles and the expectations of women as soldiers in western society. The Abu Ghraib photos exploded gender roles and exposed the detriment to gender equality in forcing female interrogators to reaffirm the systemic chauvinism of military culture. In order to overcome the self-marginalization of female sexuality, the patriarchal ideals of the military must be disbanded and gender-neutral practices must be implemented in interrogation tactics to preserve the advancement of women in the military.