International Justice

CJ354 Endicott College

Rape as a War Crime

A British documentary revealed a disturbing account of the rape chambers of Gaddafi.

When rape is used as a weapon in war and peace, there is a thin line where violators cross from what would be recognized as torture to the ICC or classified as an “ordinary crime” handled by civil court.

With the photo archives that have been revealed in the “sex dungeon” cases and even the tortures in Syria, what kind of suit would have to be brought against a person if there is not enough evidence of torture? In situations of massacres and large scale violence, how are rape cases distinguished between crimes of war, crimes against humanity, and instruments of genocide?

Because of such personal accounts and humiliation that come with the reporting of a rape crime, it is most likely the case that a lot of rape events have not been confronted as war crimes until much later after it actually happened. If an offender identifies with a party opposed to that which the civilian victim belongs to or to which she/he owes allegiance, is the crime ultimately considered to be carried out in unison with the ultimate goals of a military campaign?

The timing of the offense perpetrated during a non-international armed conflict is a complicated one. How is it proven that an offense has been created by an armed conflict? Does the timing of conflict necessarily create the context of rape? I ask this because I’m sure not all rape cases during conflict times are carried out in consonance with the ultimate goals of a military campaign and against a protected person.The same applies to the case of an offense committed (e.g. murder) in breach of IHL, by a civilian against a combatant belonging to the opposing party to the conflict.

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