War's other victims : development in international law on rape and sexual violence in armed conflict

Abstract

Taking a closer look at the major armed conflicts of the twentieth and twenty-first centuries, we realize that rape and sexual violence were used as a premeditated tool of war. Through the media the massive rapes and the 'sexualisation of war' became widespread. Today, everyone acknowledges that women's bodies were used, throughout history, as battlefields for warmongering and for reinforcing ethnic conflicts and hatred. All this took place despite continuous efforts made by the international community, to regard rape and other forms of sexual violence as war crimes, crimes against humanity and crimes of genocide. The conflicts in Former Yugoslavia and Rwanda ended the impunity for sex war crimes against women. We have witnessed a clear change from women being protected as part of the family, national, ethnic or religious community, to women being safeguarded because of their rights as women. The jurisprudence of the two ad hoc Tribunals has significantly enhanced the legal and social status of women and rendered them subjects of international law. The International Criminal Court has built on the lessons learned from the Tribunals and brought more radical changes for ending impunity where national authorities fail to do so. It has intertwined sex justice with international human rights and humanitarian law. Peoples remember that after the Holocaust, the entire world stood up and stated 'Never again!' However, since then, millions of people have died as a result of war crimes, crimes against humanity and genocide. Only by ending impunity of sexual war crimes and by bringing to justice wrongdoers can we send a clear message that the international community will no longer tolerate such demeanour. Our hope for future justice lies within a fully-fledged International Criminal Court.