Rape The terms rape, sexual assault and sexual violence are frequently used interchangeably. The perpetrator invaded the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body.
Among some armies, looting of civilian areas is considered a way for soldiers to supplement their often meager income, which can be unstable if soldiers are not paid on time. Some militias that cannot afford to adequately pay their troops promote pillaging as a compensation for victory, and rape of civilians can be seen as a reward for winning battles.
Gayatri Chakravorty Spivak characterizes "group rape perpetrated by the conquerors" as "a metonymic celebration of territorial acquisition". Some refugees and internally displaced people experience human trafficking for sexual or labour exploitation due to the breakdown of economies and policing in conflict regions. In discussing gang rape as a means of bonding among soldiers, Cohen discusses the viewpoint of " combatant socialization ", in which military groups use gang rape as a socialization tactic during armed conflict.
By using gang rape during armed conflict, militia group members: Prompt feelings of power and achievement Establish status and a reputation for aggressiveness Create an enhanced feeling of masculinity through bonding and bragging Demonstrate dedication to the group and a willingness to take risks While war rape may not be an apparent tool or weapon of war, it does serve as a primary tool to create a cohesive military group.
The maleness of the military—the brute power of weaponry exclusive to their hands, the spiritual bonding of men at arms, the manly discipline of orders given and orders obeyed, the simple logic of the hierarchical command—confirms for men what they long suspect—that women are peripheral to the world that counts. An estimated forty-five million plus civilians died during World War II.
Male and female civilians may be subject to torture , but many studies show that war rape is more frequently perpetrated on women than men. Even when laws of war have recognized and forbidden sexual assault, few prosecutions have been brought.
According to Kelly Dawn Askin, the laws of war perpetuated the attitude that sexual assaults against women are less significant crimes, not worthy of prosecution. This gender-specific character has contributed to war rape being "narrowly portrayed as sexual or personal in nature, a portrayal that depoliticizes sexual abuse in conflict and results in its being ignored as a war crime. He argues that war rape occurs in the context of stereotypes about women and men, which are part of the basic belief that violent power belongs to men, and that women are its victims.
Stemple concludes that the "lack of attention to sexual abuse of men during conflict is particularly troubling given the widespread reach of the problem". The lack of awareness for the magnitude of the rape of men during conflict relates to chronic underreporting.
Although the physical and psychological repercussions from rape are similar for women and men, male victims tend to demonstrate an even greater reluctance to report their suffering to their families or the authorities. In the patriarchal societies found in many developing countries, gender roles are strictly defined.
Is this still a husband? Is it a wife? Men are expected to exert violence, while women are victimized by it. Moreover, their stigmatization takes on particularly severe dimensions within conservative social environments in which homosexual intercourse — regardless of consent — is punished harshly.
For example, Ugandan male rape victims explain their choice to not speak out with the fear of being branded homosexuals. In certain cases, gender roles concerning violence and sexual conduct are so deeply ingrained that the mere existence of male rape is denied. Laws of war Prosecution of rapists in war crime tribunals is a recent development. However, the lack of explicit recognition of war rape in international law or applicable humanitarian law may not be used as a defense by the perpetrator of war rape.
More recent humanitarian law concerns the maltreatment of civilians and "any devastation not justified by military necessity".
International humanitarian law One of the first references to the "laws of war", or "traditions of war" was by Cicero , who urged soldiers to observe the rules of war, since obeying the regulations separated the "men" from the "brutes".
Conquering the riches and property of an enemy was regarded as legitimate reason for war in itself. Women were included with "property", since they were considered under the lawful ownership of a man, whether a father, husband, slave master, or guardian. In this context, the rape of a woman was considered a property crime committed against the man who owned the woman. In medieval Europe, women were considered as an inferior gender by law.
According to Fadl , Medieval Islamic military jurisprudence laid down severe penalties for those who committed rape.
Salisbury believed that acts of theft and "rapine" property crimes should receive the most severe punishment, but also believed that obeying a superior's commands whether legal or illegal, moral or immoral, was the ultimate duty of the soldier. The influential writer Francisco de Vitoria stood for a gradual emergence of the notion that glory or conquest were not necessarily acceptable reasons to start a war.
The jurist Alberico Gentili insisted that all women, including female combatants, should be spared from sexual assault in wartime. However, in practice war rape was common. There is little evidence to suggest that superiors regularly ordered subordinates to commit acts of rape. The first formal prosecution for war crimes did not take place until the late Middle Ages. Emmerich van Vattel emerged as an influential figure when he pleaded for the immunity of civilians against the ravages of war, considering men and women civilians as non-combatants.
The Treaty of Amity and Commerce specified that in case of war "women and children Article 20 of the Order No. The Declaration of Brussels stated that the "honours and rights of the family The Lieber Code emphasized protection of civilians and stated that "all rape Similarly, individual states developed laws pertaining to war rape's victims and perpetrators.
Article 46 of the Hague Conventions of and regarding Land Warfare explicitly required that "[f]amily honour and rights [and] the lives of persons Efforts to prosecute failed. The victorious Allied powers established them in and respectively to prosecute the major war criminals of the European Axis powers in fact only Germans and of Japan for crimes against peace , war crimes , and crimes against humanity.
The possibility of prosecuting sexual violence as a war crime was present because of the recognition of war rape as serious violation of the laws of war in the Hague Conventions of and assertion that "[f]amily honour and rights [and] the lives of persons However, notwithstanding evidence of sexual violence in Europe during World War II, a lack of will led to rape and sexual violence not being prosecuted at the Nuremberg Tribunals. The War Crimes Tribunal in Tokyo included accounts of sexual violence crimes in the trial testimonies as well as public records.
According to some estimations over , women were raped by Soviet soldiers in Berlin during and after The Battle of Berlin. In total, historians estimate that over 2,, German women were raped. Geneva Conventions Common Article 3 of the Geneva Conventions provides that "violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture" and "outrages upon personal dignity, in particular humiliating and degrading treatment" are prohibited under any circumstance whatsoever with respect to persons who are hors de combat or who are not taking part of direct hostilities in internal conflicts.
Article 27 of the Fourth Geneva Convention explicitly prohibits wartime rape and enforced prostitution in international conflicts.
In the trial of Jean-Paul Akayesu , the mayor of Taba Commune in Rwanda , the Trial Chamber held that "sexual assault formed an integral part of the process of destroying the Tutsi ethnic group and that the rape was systematic and had been perpetrated against Tutsi women only, manifesting the specific intent required for those acts to constitute genocide.
Now it will be considered a war crime. We want to send out a strong message that rape is no longer a trophy of war. The Trial Chamber held that rape which it defined as "a physical invasion of a sexual nature committed on a person under circumstances which are coercive" and sexual assault constitute acts of genocide insofar as they were committed with the intent to destroy, in whole or in part, a targeted group, as such.
It found that sexual assault formed an integral part of the process of destroying the Tutsi ethnic group and that the rape was systematic and had been perpetrated against Tutsi women only, manifesting the specific intent required for those acts to constitute genocide.
This ruling challenged the widespread acceptance of rape and sexual enslavement of women as intrinsic part of war. Furthermore, two of the men were found guilty of the crime against humanity of sexual enslavement for holding women and girls captive in a number of de facto detention centres.
Many of the women subsequently disappeared. The Tribunal found Jean Paul Akayesu not guilty of the six remaining counts, including the count of complicity in genocide and the counts relating to violations of Common Article 3 to the Geneva Conventions and of Additional Protocol II thereto.
Security Council adopted resolution , which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide". The six priorities of the office are: The Office has eight priority countries: While six of the eight priority countries are in Africa, this problem is widespread and the Office of the Special Representative is engaged on this issue in Asia and the Pacific in Cambodia for residual cases from the Khmer Rouge period and the Middle East Syria.
Security Council unanimously passed Resolution , which supported abortion rights for girls and women raped in wars, "noting the need for access to the full range of sexual and reproductive health services, including regarding pregnancies resulting from rape, without discrimination.
Security Council earlier in in September that girls and women raped in war should have access to "services for safe termination of pregnancies resulting from rape, without discrimination and in accordance with international human rights and humanitarian law.