Wartime sexual violence

Wartime sexual violence refers to rape or other sexual crimes committed by combatants during armed conflicts. This includes wars, military occupations, or ethnic conflicts. These acts are often used as a tool of psychological warfare to terrorize or humiliate an enemy. Such violence can occur in many ways, including individual acts or organized systems like institutionalized sexual slavery. In some cases, these crimes are part of genocide. Genocide is the intent to destroy a specific group of people in whole or in part.

Defining these crimes can be complex because there is no single consensus. Different organizations use different categories. The Rome Statute of the International Criminal Court (ICC) classifies several acts as crimes against humanity or war crimes. These include rape, sexual slavery, enforced prostitution, forced pregnancy, and enforced sterilization. Another group uses the Sexual Violence in Armed Conflict (SVAC) dataset. This dataset identifies seven specific forms: rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization or abortion, sexual mutilation, and sexual torture.

History shows that the legal treatment of these crimes has changed significantly. In the Middle Ages, some military circles viewed sexual violence as a reward for victory. Soldiers were often paid irregularly by their leaders. Consequently, they sometimes viewed rape and looting as tangible rewards for their service. In the 15th and 16th centuries, some believed women and children were part of the enemy. This mindset allowed violence to continue despite early attempts at regulation.

Early efforts to protect civilians began with religious and moral movements. In 989, the Catholic Church proclaimed the Peace and Truce of God. This institution aimed to discourage soldiers from attacking women and civilians. In 1159, John of Salisbury wrote about regulating the conduct of armies. By the 14th century, some army codes prohibited rape to maintain discipline and prevent hostility. Later, jurists like Alberico Gentili argued that all women should be spared from assault.

During the early modern period, legal scholars began to systematize the laws of war. In 1625, Hugo Grotius wrote a major work on international laws. He argued that rape should be punished in war just as it is in peace. In the 19th century, treaties began to include protections for non-combatants. The Lieber Code of 1863 was a major milestone for humanitarian law. It was the first codification of international customary laws for land warfare. It explicitly prohibited rape under the penalty of death.

The 20th century brought both new technology and new legal challenges. The Hague Conventions of 1899 and 1907 were somewhat vague on this issue. They required that the "honours and rights of the family" be respected. After World War I, a commission found evidence of sexual violence by the Central Powers. However, efforts to prosecute these crimes failed at that time. During World War II, the Nuremberg and Tokyo Tribunals were established. While witnesses testified to widespread sexual violence during the Holocaust, these specific crimes were not prosecuted at Nuremberg.

A major shift occurred in the 1990s regarding international justice. New legal instruments were developed to prosecute perpetrators of genocide. A pivotal moment was the Akayesu case at the International Criminal Tribunal for Rwanda. This case was widely lauded for its historical precedent. It successfully prosecuted rape as an instrument used to commit genocide. Today, the United Nations works to address conflict-related sexual violence as a matter of global peace and security.