Sexual violence : an invisible weapon of war violating international law

Abstract

Sexual violence as a spoil of combat has often been seen as an unfortunate, yet inevitable by-product of war. History, from ancient times to date, is replete with descriptions of mass sexual violence accompanying armed conflict. However, although sexual abuses of women in wars have been acknowledged throughout history, they were not specifically recognised as war crimes. Rape and sexual violence remained "crimes without a name" in the realm of censorship. Taking a closer look at the major armed conflicts of the twentieth and twenty-first centuries, we realize that rape and sexual violence seem to be used as a premeditated tool of war. News of massive rapes and the "sexualisation of war," became widespread. Women's bodies were used as battlefields for warmongering and for reinforcing ethnic conflicts and hatred. This took place despite the effort made by the international community, to regard rape and other forms of sexual violence as genocide, crimes against humanity and war crimes. The wars in the Former Yugoslavia and Rwanda have ended the impunity for sex war crimes against women. We can witness a clear change from women being protected as part of the national, ethnic or religious community, to women being recognised as having rights as women. The jurisprudence of the two ad hoe tribunals, has significantly improved the legal and social status of women who became subjects of international law. The International Criminal Court has built on the practice of the Tribunals and has brought even more radical changes by ending impunity for gender crimes. It has introduced sex and gender justice in international human rights and humanitarian law. After the Holocaust, the entire world stood up and said, "Never again!" Since then, more than 100 million people have died as a result of genocide, war crimes and crimes against humanity. Our hope is to end the impunity of sexual war crimes, by bringing to justice evil-doers and send a clear message that the world will no longer tolerate such demeanour. Our hope lies with a fully-fledged International Criminal Court.