Rape as a War Crime: The Position of International Law since World War II

Abstract

International attention first focused on the use of rape as a tactic ofwarfare in Bosnia between 1991 and 1995. Rape was also employed by Hututroops against Tutsi women in the genocidal campaign in Rwanda in 1994.In December of 1993, The United Nations adopted the Declaration on theElimination of Violence against Women, and with that the internationalcommunity acknowledged its global dimensions. What became clear to theworld was that women's distinctive needs, experiences, vulnerabilities,and perspectives were being excluded in the development of both thesubstantive and procedural rules of international humanitarian law, aswell as the remedies it offered victims. A community of elite womenlegal policy makers comprised of judges, prosecutors, lawyers, andinvestigators evolved to try these cases in International CriminalTribunals in Europe and Africa. During the Bosnian war of 1992-95Yugoslav women and hundreds of other Muslim women were systematicallyraped and tortured in a clear attempt to advance the cause of ethniccleansing. Several of the women took to court, and testified against,three Bosnian soldiers in the courtrooms of the Yugoslav war-crimestribunal in The Hague. The ruling made on the rape cases betweenYugoslav women and the Bosnian Serb army is a landmark in establishingthat systematic rape during conflict is not merely a violation of thepractice of war but a crime against humanity. In turn, sexual assaultduring slavery has been recognized as an independent crime underhumanitarian and human rights laws. The ruling is very significantbecause it opens the door for many other victims of sexual violence topress for their recognition as victims, for penalties, and forcompensation. It also means that effort will consequently be made topromote its application. However, whether the codification of such lawscan be translated into the practical protection of women during conflictremains to be seen.