Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence

Geneva Conventions (1949)
Common Article 3(1)(c) of the 1949 Geneva Conventions provides that “outrages upon personal dignity” are prohibited at any time and in any place whatsoever with respect to persons hors de combat. 
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, Article 3(1)(c); Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, Article 3(1)(c); Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 3(1)(c); Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 3(1)(c).
Geneva Convention IV
Article 27, second paragraph, of the 1949 Geneva Convention IV provides: “Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.” 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 27, second para.
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others
Article 1 of the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others provides:
The Parties to the present Convention agree to punish any person who …
(1) Procures, entices or leads away, for purposes of prostitution, another person, even with the consent of that person;
(2) Exploits the prostitution of another person, even with the consent of that person. 
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, adopted by the UN General Assembly, Res. 317 (IV), 2 December 1949, Article 1.
Additional Protocol I
Article 75(2)(b) of the 1977 Additional Protocol I provides that “enforced prostitution and any form of indecent assault” shall remain prohibited at any time and in any place whatsoever. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 75(2)(b). Article 75 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 250.
Additional Protocol I
Article 76(1) of the 1977 Additional Protocol I provides that women “shall be protected in particular against rape, forced prostitution and any other form of indecent assault”. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 76(1). Article 76 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 251.
Additional Protocol I
Article 77(1) of the 1977 Additional Protocol I provides that children “shall be protected against any form of indecent assault”. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 77(1). Article 77 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 251.
Additional Protocol II
Article 4(2)(e) of the 1977 Additional Protocol II provides that “enforced prostitution and any form of indecent assault” shall remain prohibited at any time and in any place whatsoever. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 4(2)(e). Article 4 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.50, 3 June 1977, p. 90.
African Charter on the Rights and Welfare of the Child
Article 27 of the 1990 African Charter on the Rights and Welfare of the Child provides:
States Parties to the present Charter shall undertake to protect the child from all forms of sexual exploitation and sexual abuse and shall in particular take measures to prevent: (a) the inducement, coercion or encouragement of a child to engage in any sexual activity; (b) the use of children in prostitution or other sexual practices; (c) the use of children in pornographic activities, performances and materials. 
African Charter on the Rights and Welfare of the Child, adopted by the Sixteenth Ordinary Session of the OAU Assembly of Heads of State and Government, Res. 197 (XVI), Monrovia, 17–20 July 1990, OAU Doc. CAB/LEG/24.9/49 (1990), Article 27.
ICC Statute
Pursuant to Article 6(d) of the 1998 ICC Statute, “[i]mposing measures intended to prevent births within the group” constitutes genocide when “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. 
Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, UN Doc. A/CONF.183/9, Article 6(d).
ICC Statute
Pursuant to Article 7(1)(g) of the 1998 ICC Statute, “[r]ape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” constitutes a crime against humanity “when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack”. 
Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, UN Doc. A/CONF.183/9, Article 7(1)(g).
ICC Statute
Pursuant to Article 8(2)(b)(xxii) and (e)(vi) of the 1998 ICC Statute, “[c]ommitting rape, sexual slavery, enforced prostitution, forced pregnancy … enforced sterilization, or any other form of sexual violence” constitutes a war crime in both international and non-international armed conflicts. 
Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, UN Doc. A/CONF.183/9, Article 8(2)(b)(xxii) and (e)(vi).
Optional Protocol on Child Trade, Prostitution and Pornography
Article 1 of the 2000 Optional Protocol on Child Trade, Prostitution and Pornography provides that the States Parties shall prohibit child prostitution and child pornography. 
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, adopted by the UN General Assembly, Res. 54/263, 25 May 2000, Annex II, Article 1.
Protocol on Trafficking in Persons
Article 1 of the 2000 Protocol on Trafficking in Persons states: “The purposes of this Protocol are … (a) to prevent and combat trafficking in persons, paying particular attention to women and children”. Article 5 of the Protocol provides:
1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in article 3 of this Protocol [i.e. trafficking in persons], when committed intentionally.
2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:
(a) Subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article;
(b) Participating as an accomplice in an offence established in accordance with paragraph 1 of this article; and
(c) Organizing or directing other persons to commit an offence established in accordance with paragraph 1 of this article. 
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime, adopted by the UN General Assembly, Res. 55/25, 15 November 2000, Annex II, Articles 1 and 5.
SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution
Article 3 of the 2002 SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution provides:
1. The State Parties to the Convention shall take effective measures to ensure that trafficking in any form is an offence under their respective criminal law and shall make such an offence punishable by appropriate penalties which take into account its grave nature.
2. The State Parties to the Convention, in their respective territories, shall provide for punishment of any person who keeps, maintains or manages or knowingly finances or takes part in the financing of a place used for the purpose of trafficking and knowingly lets or rents a building or other place or any part thereof for the purpose of trafficking.
3. Any attempt or abetment to commit any crime mentioned in paras 1 and 2 above or their financing shall also be punishable. 
South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, Kathmandu, 5 January 2002, Article 3.
Statute of the Special Court for Sierra Leone
Article 3(e) of the 2002 Statute of the Special Court for Sierra Leone states that “[t]he Special Court shall have the power to prosecute persons who committed or ordered the commission of serious violations of article 3 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, and of Additional Protocol II thereto of 8 June 1977”, which include “rape, enforced prostitution and any form of indecent assault”. 
Statute of the Special Court for Sierra Leone, annexed to the 2002 Agreement on the Special Court for Sierra Leone, Freetown, 16 January 2002, annexed to Letter dated 6 March 2002 from the UN Secretary-General to the President of the UN Security Council, UN Doc. S/2002/246, 8 March 2002, p. 29, Article 3(e).
UN-Cambodia Agreement Concerning the Prosecution under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea
Article 9 of the 2003 UN-Cambodia Agreement Concerning the Prosecution under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea provides:
The subject-matter jurisdiction of the Extraordinary Chambers shall be the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, crimes against humanity as defined in the 1998 Rome Statute of the International Criminal Court and grave breaches of the 1949 Geneva Conventions and such other crimes as defined in Chapter II of the Law on the Establishment of the Extraordinary Chambers as promulgated on 10 August 2001. 
Agreement between the UN and the Royal Government of Cambodia Concerning the Prosecution under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea, Phnom Penh, 6 June 2003, Article 9.
In accordance with Article 2 of the Agreement, Cambodia’s Law on the Establishment of the ECCC (2001), as amended, further implements these provisions. 
Agreement between the UN and the Royal Government of Cambodia Concerning the Prosecution under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea, Phnom Penh, 6 June 2003, Article 2.
Kampala Convention
Article 9(1) of the 2009 Kampala Convention states:
State Parties shall protect the rights of internally displaced persons regardless of the cause of displacement by refraining from, and preventing, the following acts, amongst others:
d. Sexual and gender based violence in all its forms, notably rape, enforced prostitution, sexual exploitation and harmful practices … . 
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 9(1)(d).
A corresponding obligation for members of armed groups, defined as “dissident armed forces or other organized armed groups that are distinct from the armed forces of the state”, is provided in Article 7(5)(f), which states: “Members of armed groups shall be prohibited from: … engaging in sexual slavery”. 
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 7(5)(f).
Lieber Code
Article 44 of the 1863 Lieber Code provides that all rape of persons in the invaded country is prohibited. 
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, promulgated as General Order No. 100 by President Abraham Lincoln, Washington D.C., 24 April 1863, Article 44.
Report of the Commission on Responsibility
Based on several documents supplying evidence of outrages committed during the First World War, the 1919 Report of the Commission on Responsibility lists violations of the laws and customs of war which should be subject to criminal prosecution, including rape and the abduction of girls and women for the purpose of enforced prostitution. 
Report submitted to the Preliminary Conference of Versailles by the Commission on Responsibility of the Authors of the War and on Enforcement of Penalties, Versailles, 29 March 1919.
Allied Control Council Law No. 10
Article II(1)(c) of the 1945 Allied Control Council Law No. 10 provides that “rape, or other inhumane acts committed against any civilian population” is a crime against humanity. 
Allied Control Council Law No. 10: Punishment of Persons Guilty of War Crimes, Crimes against Peace and against Humanity, enacted by the Allied Control Council of Germany, composed of the United Kingdom of Great Britain and Northern Ireland, France, the United States of America and the Union of Soviet Socialist Republics, Berlin, 20 December 1945, Article II(1)(c).
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 4 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that all civilians be treated in accordance with Article 75 of the 1977 Additional Protocol I. 
Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 4.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Under paragraph 1 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina, the parties committed themselves to respect and ensure respect for common Article 3 of the 1949 Geneva Conventions. Paragraph 2.3 requires that all civilians be treated in accordance with Article 75 of the 1977 Additional Protocol I. 
Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, §§ 1 and 2.3.
UN Declaration on the Elimination of Violence against Women
The preamble to the 1993 UN Declaration on the Elimination of Violence against Women expresses concern that “women in situations of armed conflict are especially vulnerable to violence”. Article 2 of the Declaration provides:
Violence against women shall be understood to encompass, but not be limited to, the following:
(a) Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation;
(b) Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution;
(c) Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs. 
Declaration on the Elimination of Violence against Women, adopted by the UN General Assembly, Res. 48/104, 20 December 1993, preamble and Article 2.
ICTY Statute
Article 5(g) of the 1993 ICTY Statute provides that rape, when committed in armed conflict, whether international or internal in character, and directed against any civilian population, constitutes a crime against humanity. 
Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, adopted by the UN Security Council, Res. 827, 25 May 1993, as amended by Res. 1166, 13 May 1998 and by Res. 1329, 30 November 2000, Article 5(g).
ICTR Statute
According to Article 3(g) of the 1994 ICTR Statute, rape, when committed as part of a widespread and systematic attack against any civilian population on national, political, ethnic, racial or religious grounds, constitutes a crime against humanity. Article 4(e) provides that the Tribunal is competent to prosecute violations of common Article 3 of the 1949 Geneva Conventions, including rape, enforced prostitution and any form of indecent assault. 
Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States between 1 January 1994 and 31 December 1994, adopted by the UN Security Council, Res. 955, 8 November 1994, as amended by Res. 1165, 30 April 1998, and by Res. 1329, 30 November 2000, Articles 3(g) and 4(e).
ILC Draft Code of Crimes against the Peace and Security of Mankind (1996)
Under Article 18(j) of the 1996 ILC Draft Code of Crimes against the Peace and Security of Mankind, “rape, enforced prostitution and any form of sexual abuse” constitute crimes against humanity. 
Draft Code of Crimes against the Peace and Security of Mankind, adopted by the International Law Commission, reprinted in Report of the International Law Commission on the work of its forty-eighth session, 6 May–26 July 1996, UN Doc. A/51/10, 1996, Article 18(j).
ILC Draft Code of Crimes against the Peace and Security of Mankind (1996)
Article 20(d) of the 1996 ILC Draft Code of Crimes against the Peace and Security of Mankind states that “[r]ape, enforced prostitution and any form of indecent assault” committed in violation of international humanitarian law applicable in international conflict are war crimes. 
Draft Code of Crimes against the Peace and Security of Mankind, adopted by the International Law Commission, reprinted in Report of the International Law Commission on the work of its forty-eighth session, 6 May–26 July 1996, UN Doc. A/51/10, 1996, Article 20(d).
ILC Draft Code of Crimes against the Peace and Security of Mankind (1996)
Article 20(f)(v) of the 1996 ILC Draft Code of Crimes against the Peace and Security of Mankind stipulates that “[r]ape, enforced prostitution and any form of indecent assault” constitutes a war crime in conflicts not of an international character. 
Draft Code of Crimes against the Peace and Security of Mankind, adopted by the International Law Commission, reprinted in Report of the International Law Commission on the work of its forty-eighth session, 6 May–26 July 1996, UN Doc. A/51/10, 1996, Article 20(f)(v).
Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines
Article 2(7) of Part III of the 1998 Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines provides that the Agreement seeks to protect and promote the right not to be subject to rape and sexual abuse. 
Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines, The Hague, 16 March 1998, Part III, Article 2(7).
UN Secretary-General’s Bulletin
According to Section 7.2, 7.3 and 7.4 of the 1999 UN Secretary-General’s Bulletin, rape, enforced prostitution or any form of sexual assault and humiliation against persons not, or no longer, taking part in military operations and persons placed hors de combat, with a specific reference to women and children, are prohibited at any time and in any place. 
Observance by United Nations Forces of International Humanitarian Law, Secretary-General’s Bulletin, UN Secretariat, UN Doc. ST/SGB/1999/13, 6 August 1999, Section 7.2, 7.3 and 7.4.
UNTAET Regulation No. 2000/15
The UNTAET Regulation No. 2000/15 establishes panels with exclusive jurisdiction over serious criminal offences, including war crimes. According to Section 6(1)(b)(xxii) and (e)(vi), “[c]ommitting rape, sexual slavery, enforced prostitution, forced pregnancy … enforced sterilization, or any other form of sexual violence” constitutes a war crime in both international and non-international armed conflicts. 
Regulation on the Establishment of Panels with Exclusive Jurisdiction over Serious Criminal Offences, UN Doc. UNTAET/REG/2000/15, Dili, 6 June 2000, § 6(1)(b)(xxii) and (e)(vi).
N’Djamena Declaration on Ending Recruitment and Use of Children by Armed Forces and Groups
In June 2010, Cameroon, the Central African Republic, Chad, Nigeria, Niger and Sudan adopted the N’Djamena Declaration. In the preamble, the participating States
Reiterat[ed] [their] concern regarding the precarious situation of children affected by conflict and the consistent presence of children within armed forces and groups in [their] region”;
Recall[ed] the Optional Protocol [to the Convention on the Rights of the Child] on the sale of children, child prostitution and child pornography;
Recall[ed] Security Council resolution 1888 (2009) on sexual violence in situations of armed conflict;
[expressed deep concern over] the situation of young girls associated with armed forces and groups, subject to sexual violence and abuse during armed conflict, and excluded from the release, withdrawal, psychosocial rehabilitation and socio-economic reintegration programs often by socio-cultural barriers; [and]
Recogniz[ed] that States have the primary responsibility of ensuring, without discrimination, the security and protection of all children living on their national territory. 
N’Djamena Declaration adopted at the Regional Conference on Ending Recruitment and Use of Children by Armed Forces and Groups: Contributing to Peace, Justice and Development, signed by Cameroon, the Central African Republic, Chad, Nigeria, Niger and Sudan, N’Djamena, 7–9 June 2010, Preamble.
The participating States pledged
[t]o protect children from all forms of exploitation and violence, by criminalizing all acts of … child prostitution and child pornography and ensuring the rights of child victims and witnesses. 
N’Djamena Declaration adopted at the Regional Conference on Ending Recruitment and Use of Children by Armed Forces and Groups: Contributing to Peace, Justice and Development, signed by Cameroon, the Central African Republic, Chad, Nigeria, Niger and Sudan, N’Djamena, 7–9 June 2010, § 11.
Argentina
Argentina’s Law of War Manual (1969) stipulates: “Women will be especially protected against attempts on their honour, particularly against rape, enforced prostitution and indecent assault.” 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 4.010.
Argentina
Argentina’s Law of War Manual (1989) states: “Women shall be subject to special respect and protected particularly against all forms of indecent assault.” It further provides that forced prostitution and any other form of indecent assault are prohibited in international and internal armed conflicts and in occupied territories.  
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, §§ 4.13, 4.15, 4.27 and 7.04.
Australia
Australia’s Commanders’ Guide (1994) states that the 1949 Geneva Conventions provide “particular protection for women and children, specifically against acts of rape or indecency”. 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 603.
Australia
Australia’s Defence Force Manual (1994) stipulates: “Women receive special protection under LOAC against any attack on their honour, in particular against rape, forced prostitution and any other form of indecent assault.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, §§ 946, 1010 and 1218.
Australia
Australia’s LOAC Manual (2006) states:
9.20 … Women shall be especially protected against attack in particular against rape and any form of indecent assault …
9.45 The following acts are prohibited at any time and in any place whatsoever:
• outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault …; and
• threats to commit any of the foregoing acts.
9.50 Children are to be respected and protected, especially against indecent assault. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.20, 9.45 and 9.50; see also §§ 9.48, 10.22 and 12.36.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) lists “rape” as a “crime against humanity”. 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 27.
Cameroon
Cameroon’s Instructor’s Manual (2006), under the heading “Protection of Women”, states that “they must not be subjected to rape, enforced prostitution, or any form of indecent assault”. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 29, § 131; see also p. 49, § 213 and p. 75, § 321.
The manual also states with regard to women prisoners of war: “They must be particularly respected and must be protected from rape, forced prostitution and any other form of attack against their honour.” 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 265, § 621.
The manual further states that “illicit methods of warfare [that may be] used by the parties to a conflict to obtain military advantage [include] … the use of sexual violence”. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 183, § 493.A.
The manual, under the heading “Responsibility for Acts or Omissions of which Subordinates Are Accused”, states that a commander may be held responsible for any act of “rape” committed by his subordinates. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 99, § 361; see also p. 141, § 421.
Canada
Canada’s LOAC Manual (1999) provides that women must be specially protected against any attack on their honour, in particular against rape, enforced prostitution or any other form of indecent assault. It states that this provision also applies in occupied territories. According to the manual, rape is a crime against humanity. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 10-3, § 21, p. 11-4, § 30, p. 11-8, § 63, p. 12-4, § 37, p. 16-1, § 4 and p. 17-3, § 21(e).
Canada
Canada’s Code of Conduct (2001) provides: “Women and children in particular must not be subjected to rape, enforced prostitution, and any form of indecent assault.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 4, § 2.
Canada
Canada’s LOAC Manual (2001) states in its chapter on the treatment of prisoners of war (PWs): “Female PWs must be treated with due regard to their gender and must in no case be treated less favourably than male PWs … They must also be specially protected against rape and other sexual assaults.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1017.
In its chapter on the treatment of civilians in the hands of a party to the conflict or an occupying power, and, more specifically, in a section entitled “Provisions common to the territories of the parties to the conflict and to occupied territories”, the manual provides:
1119. Equal treatment without adverse distinction
1. Women must be specially protected against any attack on their honour, in particular against rape, enforced prostitution or any other form of indecent assault. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1119.1.
In the same chapter, in a section entitled “Additional Protocol I”, the manual states:
1. [The 1977 Additional Protocol I] provides that all persons in the power of a party to the conflict are entitled to at least a minimum of humane treatment without adverse discrimination on grounds of race, gender, language, religion, political discrimination or similar criteria. It states in part:
2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents:
b. outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault;
e. threats to commit any of the foregoing acts. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1135.1, 2.b and e.
In its chapter on rights and duties of occupying powers, the manual further states: “Women must be especially protected against any attack on their honour; in particular against rape, enforced prostitution or any other form of indecent assault.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1222.2.
In its chapter on “War crimes, individual criminal liability and command responsibility”, the manual states that rape is a crime against humanity. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1604.1.g.
In its chapter on non-international armed conflicts, the manual restates the provisions of common Article 3 of the 1949 Geneva Conventions:
By Common Article 3, the parties to a non-international armed conflict occurring in the territory of a party to the Conventions are obliged to apply, as a minimum, the following provisions:
a. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, gender, birth or wealth, or any other similar criteria.
To this end, the following are at any time and in any place prohibited with regard to such persons:
iii outrages upon personal dignity, in particular, humiliating and degrading treatment. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1708.1.
In the same chapter, the manual also states:
Although [the 1977 Additional Protocol II] contains no provisions relating to enforcement or punishment of breaches, it does contain a statement of fundamental guarantees prohibiting at any time and anywhere:
e. outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;
g. threats to commit any of the foregoing. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1713.1.e and g.
Canada
Canada’s Code of Conduct (2005) instructs Canadian Forces (CF) personnel:
In your daily interaction with the civilian population, they must at all times be humanely treated and shall not be subjected to acts of violence, threats, or insults. Women and children in particular must not be subjected to rape, enforced prostitution, and any form of indecent assault. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 4, § 2.
Chad
Chad’s Instructor’s Manual (2006) states that women “must not be raped or forced into prostitution or be subjected to any form of indecent assault”. 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 34; see also pp. 53 and 70.
The manual further states: “Children also deserve special respect. They must therefore be protected against any form of indecent assault.” 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 53.
China
The PLA Rules of Discipline (1947) provides that women are not to be assailed with obscenities. 
China, Order on Re-promulgation of the Three Main Rules of Discipline and the Eight Points for Attention by the Headquarters of the PLA, 10 October 1947, in Selected Works of Mao Zedong, Vol. 4, The People’s Press, p. 1241, Point 8.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
I. Grave violations
They are enumerated by the Geneva Conventions and the Additional Protocols, as well as by the Ivorian Penal Code.
They are:
- rape. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre I: Instruction de base, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 29.
In Book II (Instruction of non-commissioned officers and officers), the Teaching Manual provides:
I.1.1. War crimes
They are grave violations of IHL mentioned in the Geneva Conventions and their Additional Protocols, committed during armed conflict.
Examples: rape, forced prostitution … 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre II: Instruction du gradé et du cadre, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 28.
In Book III, Volume 1 (Instruction of first-year trainee officers), the Teaching Manual provides:
III. Prisoners of war
III.1.2. Women
Women have full and complete combatant status in numerous armed forces worldwide, whether at the front or as support personnel or personnel charged with logistical tasks. As combatants, they must respect exactly the same rules as their male counterparts, and are protected by these same provisions. In case of capture, they must be treated with respect and must not be made the object of violence of any form, including violence or ill-treatment of a sexual character. In case of detention in a prisoner-of-war camp, they must be detained in places separate from those of men.
Rape and indecent assaults are prohibited, and in the majority of cases constitute a form of torture repressed by provisions of the law. Rape, which represents a form of torture or “inhuman” treatment, is a grave violation of the law and can give rise to prosecutions before the courts of any State. This type of violence is only too frequent in situations of conflict. Moreover, in recent conflicts, like in ex-Yugoslavia, systematic and organized rape seems to have become a common practice. Such behaviour demeans the profession of the soldier, and must, just like torture, be regarded as unworthy by all soldiers. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 1: Instruction de l’élève officier d’active de 1ère année, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, pp. 43 and 44; see also Droit de la guerre, Manuel d’instruction, Livre III, Tome 2: Instruction de l’élève officier d’active de 2ème année, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, pp. 25–26; Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 18.
In Book III, Volume 2 (Instruction of second-year trainee officers), the Teaching Manual provides:
I.1. Protection of the civilian population
I.1.2. Women
Women must be treated with special respect. Any attack against the physical or psychological integrity of women – in particular rape, forced prostitution or any form of indecent assault – is prohibited. Rape and indecent assault against men is also prohibited. …
I.2. Protection of combatants and associated personnel
A person hors de combat must be collected and protected in conformity with the provisions of Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick. In this respect, they must not be the object:
- of outrages against personal dignity or of humiliating treatment,
I.2.7. Women
A case of rape is a clear indication that discipline has completely disappeared and that military leaders no longer have any control over their subordinates. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 2: Instruction de l’élève officier d’active de 2ème année, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, pp. 21, 22, 23–24 and 25–26; see also Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 18; Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 32.
Djibouti
Djibouti’s Manual on International Humanitarian Law (2004) states that “acts prohibited in circumstances of armed conflict [include] sexual violence”. 
Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 37.
The manual also states that “rape and enforced prostitution … are prohibited”. 
Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 31.
The manual further states that “[w]omen have … the right under IHL to certain forms of protection specific to their sex, namely the following: … protection of civilians against sexual abuse and degrading treatment; … prohibition of sexual violence and rape, often utilized as methods of warfare”. 
Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 23.
Dominican Republic
The Dominican Republic’s Military Manual (1980) provides: “Women in combat zones shall be protected against sexual assault and forced prostitution.” 
Dominican Republic, La Conducta en Combate según las Leyes de la Guerra, Escuela Superior de las FF. AA. “General de Brigada Pablo Duarte”, Secretaría de Estado de las Fuerzas Armadas, May 1980, p. 10.
El Salvador
El Salvador’s Human Rights Charter of the Armed Forces lists the prohibition of sexual violence against women as one of the ten basic rules. It stipulates that it is prohibited to commit sexual abuse and that soldiers “do not permit others to commit” such acts. According to the manual, sexual abuse is a violation of human rights. 
El Salvador, Derechos Humanos. Decálogo de la Fuerza Armada de El Salvador, Ministerio de la Defensa Nacional, Departamento de Derecho Humanitario, Rule 6, pp. 3, 13 and 18.
El Salvador
El Salvador’s Soldiers’ Manual instructs soldiers not to mistreat women. 
El Salvador, Manual del Combatiente, undated, p. 3.
France
France’s LOAC Teaching Note (2000) provides that acts of rape are criminally prosecuted. It states that rape is a grave breach of the law of armed conflict. 
France, Fiche didactique relative au droit des conflits armés, Directive of the Ministry of Defence, 4 January 2000, annexed to the Directive No. 147 of the Ministry of Defence of 4 January 2000, pp. 2 and 7.
France
France’s LOAC Manual (2001) restates Article 7(1) of the 1998 ICC Statute. It adds that “forced prostitution and any attempts on decency” and “rape” are crimes against humanity. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, pp. 43 and 45.
Germany
Germany’s Military Manual (1992) provides: “Any attack on the honour of women, in particular rape, enforced prostitution, or any other form of indecent assault, is prohibited.” 
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 504.
Israel
Israel’s Manual on the Laws of War (1998) states: “The rationale behind the law of war is that even in the midst of the inferno, there are grave deeds [such as rape] that must not be committed.” It recalls the definition of crimes against humanity contained in the 1998 ICC Statute, stating: “Crimes against humanity were defined as the systematic harming of a civilian population, which includes deeds such as: … rape”. 
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, pp. 4 and 68.
Israel
Israel’s Manual on the Rules of Warfare (2006) states:
Even if it appears that in war everything is permissible and there is no differentiating between a moral and an immoral act, even in the heat of battle there are actions that are considered unacceptable (rape, the torturing of prisoners-of-war, medical experiments) and it is on these that the rules of warfare are based. Although the rules of warfare do not entirely prevent the horrors of war, they draw a line in the sand that must not be crossed, even in war. 
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 8.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
Madagascar
Madagascar’s Military Manual (1994) states: “Women … shall be subject to special respect and protected against any indecent assault.” 
Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. 2-T, § 27.
Mexico
Mexico’s IHL Guidelines (2009), in a section entitled “Basic rules of conduct in armed conflict”, states: “Sexual violence is prohibited.” 
Mexico, Cartilla de Derecho Internacional Humanitario, Ministry of National Defence, 2009, § 14(s).
Netherlands
The Military Manual (1993) of the Netherlands restates the prohibition of sexual violence found in common Article 3 to the 1949 Geneva Conventions, Articles 75–77 of the 1977 Additional Protocol I and Article 4 of the 1977 Additional Protocol II. 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, pp. VIII-3, XI-1 and XI-4.
Netherlands
The Military Manual (2005) of the Netherlands states that “women should be protected from rape and other sexual violence”. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0719.
The manual refers to “rape, forced prostitution and any form of indecent assault” as acts that “are, and remain, prohibited at all times”. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0810.
(emphasis in original)
In its chapter on non-international armed conflict, the manual states:
1051. It is expressly prohibited to carry out the following acts against the civilian population or individual civilians, wounded, sick or prisoners:
- outrages upon personal dignity, especially humiliating and degrading treatment, rape, forced prostitution, sterilization and indecent assault;
- threatening anyone with the above-mentioned acts or treatment.
1062. Any indecent assault on women is prohibited, especially rape, forced pregnancy with a view to influencing the ethnic composition of the population, or committing any other international offence, forced prostitution or any other form of sexual violence. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, §§ 1051 and 1062.
New Zealand
New Zealand’s Military Manual (1992) provides that female civilians and female prisoners must be specially protected against rape and other forms of sexual assault. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 916.
The manual further specifies: “Women must be specially protected against any attack on their honour, in particular against rape, enforced prostitution or any other form of indecent assault.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1114; see also § 1321.2 (civilians).
The manual restates Article 75(2) of the 1977 Additional Protocol I. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1137.2.
In the case of non-international armed conflict, the manual prohibits, at any time and anywhere, “outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1812.1.
Nicaragua
Nicaragua’s Military Manual (1996) provides that fundamental guarantees for the wounded and sick, prisoners of war and civilians include protection against “degrading treatments and indecent assaults”. 
Nicaragua, Manual de Comportamiento y Proceder de las Unidades Militares y de los Miembros del Ejército de Nicaragua en Tiempo de Paz, Conflictos Armados, Situaciones Irregulares o Desastres Naturales, Ejército de Nicaragua, Estado Mayor General, Asesoría Jurídica del Nicaragua, 1996, Article 14(32).
Nigeria
Nigeria’s Operational Code of Conduct (1967) provides: “Women will be protected against any attack on their person, honor and in particular against rape or any form of indecent assault.” 
Nigeria, Operational Code of Conduct for Nigerian Armed Forces, Federal Military Government of Nigeria, July 1967, § 4(i).
Peru
Peru’s Human Rights Charter of the Security Forces (1991) lists the prohibition of sexual violence against women and children as one of the ten basic rules. 
Peru, Derechos Humanos: Decálogo de las Fuerzas del Orden, Comando Conjunto de las Fuerzas Armadas, Ministerio de Defensa, Ejército Peruano, 1991, Rule 6.
Peru
Peru’s IHL Manual (2004) states: “Women must be especially protected against any attack on their honour, in particular against rape, enforced prostitution or any other form of indecent assault.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 32.e.
Peru
Peru’s IHL and Human Rights Manual (2010) states: “Women must be especially protected against any attack on their honour, in particular against rape, enforced prostitution or any other form of indecent assault.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 33(e), p. 251.
In a section on the relationship between IHL and human rights law, the manual states:
There are … principles common to the [1949] Geneva Conventions and human rights law which represent a minimum level of protection to which every human person is entitled … [including] [r]espect for … physical and mental integrity …
Regarding these fundamental guarantees there is no exception whatsoever and they are binding both in times of peace and in times of armed conflict. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 26, pp. 41–42.
In a section on the human rights obligations of the security forces, the manual further states: “Do not commit sexual abuse.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 102(f), p. 136.
In the same section, the manual also states:
Sexual abuse is understood as abuse which violates the sexual liberty of another person by means of force, violence or serious threat, [and] which obliges the person to give carnal access to the vagina, anus or mouth or which carries out similar acts by introducing objects or body parts in the vagina or anus. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 105(f), p. 144.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states:
Under any circumstances international humanitarian law ensures humane treatment during an armed conflict of persons not directly involved in combat operations … In particular, the following shall be prohibited with regard to such persons: … outrages upon personal dignity, in particular humiliating and degrading treatment … [and] threats to commit any of the above acts. 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 4.
With regard to internal armed conflict, the Regulations states:
The following acts against [all persons who do not take a direct part or who have ceased to take part in hostilities] are and shall remain prohibited at any time and in any place whatsoever: … outrages upon personal dignity, in particular … rape, enforced prostitution and any form of indecent assault [and] threats to commit any of the foregoing acts. 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 81.
Senegal
Senegal’s IHL Manual (1999) provides that one of the fundamental guarantees common to the IHL conventions and the 1948 Universal Declaration of Human Rights is the prohibition of rape, forced prostitution and any form of sexual assault. 
Senegal, Le DIH adapté au contexte des opérations de maintien de l’ordre, République du Sénégal, Ministère des Forces Armées, Haut Commandement de la Gendarmerie et Direction de la Justice Militaire, Cabinet, 1999, pp. 3 and 23.
South Africa
South Africa’s LOAC Manual (1996) provides that “rape… [is] forbidden”. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, § 28(f).
South Africa
South Africa’s Revised Civic Education Manual (2004) provides that “rape… [is] forbidden”. 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 50(f).
Spain
Spain’s LOAC Manual (1996) stipulates: “Women are subject to special respect and shall be protected in particular against all forms of indecent assault.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 1.3.c.(1).
The manual prohibits “attacks on personal dignity, especially degrading and humiliating treatment, enforced prostitution and any form of indecent assault”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 8.2.c.
Spain
Spain’s LOAC Manual (2007) states:
[N]o person who is captured or detained in relation to an armed conflict remains unprotected under the law of armed conflict and is entitled, at all times, to minimum guarantees. [These include] … prohibition of the following acts at any time and in any place, whether committed by civilian or military agents:
c. outrages upon personal dignity, in particular … enforced prostitution and any form of indecent assault. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 8.2.c; see also § 1.4.
The manual also states that women “are the object of special respect and are protected, in particular, against any form of indecent assault”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 1.3.c.(1).
Sweden
Sweden’s IHL Manual (1991) considers that the fundamental guarantees for persons in the power of one party to the conflict as contained in Article 75 of the 1977 Additional Protocol I and the general protection of women contained in 76(1) of the 1977 Additional Protocol I are part of customary international law. 
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 2.2.3, p. 19.
The manual further specifies: “Women shall be especially protected against any form of insulting treatment.” 
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 6.1.3, p. 122.
Switzerland
Switzerland’s military manuals provide that women must be particularly respected and protected against rape, enforced prostitution and any other form of indecent assault. 
Switzerland, Lois et coutumes de la guerre, Manuel 51.7/III dfi, Armée suisse, 1984, p. 34; Droit des gens en temps de guerre, Programme d’instruction fondé sur le Manuel 51.7/III “Lois et coutumes de la guerre”, Cours de base pour recrues de toutes les armes 97.2f, Armée suisse, 1986, p. 43; Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 146.
Uganda
Uganda’s Operational Code of Conduct (1986) provides that rape is a crime that entails a specific punishment. 
Uganda, Operational Code of Conduct for the National Resistance Army (NRA), Legal Notice No. 1 of 1986 (Amendment), 23 August 1986, Rule 26(d).
Ukraine
Ukraine’s IHL Manual (2004) states that “outrages upon personal dignity (humiliating and degrading treatment, rape, forced prostitution and so on)”, or threats of such actions, against the following persons are prohibited in non-international armed conflicts:
- persons taking no active part in the hostilities;
- members of armed forces who have laid down their arms;
- those placed hors de combat by sickness, wounds, detention, or any other cause. 
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, § 1.4.10.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) states: “Women must be specially protected against any attack on their honour, in particular against rape, enforced prostitution or any form of indecent assault.” According to the manual, the rule also applies in occupied territories. The manual further specifies that forcing women into prostitution, even if it is not considered as a grave breach of the 1949 Geneva Conventions, qualifies as a war crime. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, §§ 39, 547 and 626.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) provides: “The question of honour of women is specific; there must be no rape, no enforced prostitution and no indecent assault.” 
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 9, p. 35, § 9.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states in its chapter on the protection of civilians in the hands of a party to the conflict:
The following acts are prohibited “at any time and in any place whatsoever”:
b. outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.4.
The manual further states: “Women must be accorded ‘special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault’.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.8.
Furthermore, the manual states: “Children are to be respected and protected, especially against indecent assault.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.9.
In its chapter on internal armed conflict, the manual restates the provisions of common Article 3 of the 1949 Geneva Conventions:
Under the terms of Common Article 3, the parties to a non-international armed conflict occurring in the territory of a party to the Conventions are obliged to apply “as a minimum”, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(c) outrages upon personal dignity, in particular, humiliating and degrading treatment. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.4.
In the same chapter, the manual prohibits
“… rape, sexual slavery, enforced prostitution, forced pregnancy, forced sterilization, and any other form of sexual violence also constituting a serious violation of” Common Article 3 [of the 1949 Geneva Conventions]. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.30.
United States of America
The US Field Manual (1956) restates Article 27 of the 1949 Geneva Convention IV. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 266.
United States of America
The US Air Force Pamphlet (1976) provides with regard to national or occupied territories: “Women are to be protected against sexual attack and enforced prostitution.” 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 14-4.
United States of America
The US Soldier’s Manual (1984) states: “Women in war zones must be protected against rape and forced prostitution.” 
United States, Your Conduct in Combat under the Law of War, Publication No. FM 27-2, Headquarters Department of the Army, Washington, November 1984, p. 21.
United States of America
The US Instructor’s Guide (1985) provides with regard to the treatment of non-combatants: “Women must be protected from attacks on their honour, to include any form of sexual assault.” 
United States, Instructor’s Guide – The Law of War, Headquarters Department of the Army, Washington, April 1985, pp. 8 and 13.
United States of America
The US Operational Law Handbook (1993) states that the “law of war specifically prohibits any attacks on [women’s] honour, including any form of sexual assault”. 
United States, Operational Law Handbook, JA 422, Center for Law and Military Operations and International Law Division, The Judge Advocate General’s School, United States Army, Charlottesville, Virginia 22903-1781, 1993, p. Q-192(2)(a).
United States of America
The US Manual for Military Commissions (2007), Part IV, Crimes and Elements, includes in the list of crimes triable by military commissions:
RAPE.
a. Text. “Any person subject to this chapter who forcibly or with coercion or threat of force wrongfully invades the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object, shall be punished as a military commission under this chapter may direct.”
b. Elements.
(1) The accused wrongfully 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 accused, with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body;
(2) The invasion was committed by force, threat of force or coercion or against a person incapable of giving consent; and
(3) The conduct took place in the context of and was associated with armed conflict.
c. Comment.
(1) This offense recognizes that consensual conduct does not give rise to this offense.
(2) It is understood that a person may be incapable of giving consent if affected by natural, induced, or age-related incapacity.
(3) The concept of “invasion” is linked to the inherent wrongfulness requirement. In this case, for example, a legitimate body cavity search could not give rise to this offense.
(4) The concept of “invasion” is gender neutral.
d. Maximum punishment. Confinement for life.
SEXUAL ASSAULT OR ABUSE.
a. Text. “Any person subject to this chapter who forcibly or with coercion or threat of force engages in sexual contact with one or more persons, or causes one or more persons to engage in sexual contact, shall be punished as a military commission under this chapter may direct.”
b. Elements.
(1) The accused wrongfully engaged in sexual contact with one or more persons or wrongfully caused one or more persons to engage in sexual contact;
(2) The sexual contact was committed by force, threat of force or coercion or against a person incapable of giving consent; and
(3) The conduct took place in the context of and was associated with armed conflict.
c. Comment. Sexual assault or abuse is defined as intentional sexual contact, characterized by use of force, physical threat of force or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. Sexual assault can occur without regard to gender or spousal relationship or age of victim.
d. Maximum punishment. Confinement for life. 
United States, Manual for Military Commissions, published in implementation of the Military Commissions Act of 2006, 10 U.S.C. §§ 948a, et seq., 18 January 2007, Part IV, § 6(21) and (22), pp. IV-16 and IV-17.
United States of America
The US Manual for Military Commissions (2010), Part IV, Crimes and Elements, includes in the list of crimes triable by military commissions:
(21) RAPE.
a. Text. “Any person subject to this chapter who forcibly or with coercion or threat of force wrongfully invades the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object, shall be punished as a military commission under this chapter may direct.”
b. Elements.
(1) The accused wrongfully 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 accused, with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body;
(2) The invasion was committed by force, threat of force or coercion or against a person incapable of giving consent; and
(3) The conduct took place in the context of and was associated with hostilities.
c. Comment.
(1) This offense recognizes that consensual conduct does not give rise to this offense.
(2) It is understood that a person may be incapable of giving consent if affected by natural, induced, or age-related incapacity.
(3) The concept of “invasion” is linked to the inherent wrongfulness requirement. In this case, for example, a legitimate body cavity search could not give rise to this offense.
(4) The concept of “invasion” is gender neutral.
d. Maximum punishment. Confinement for life.
(22) SEXUAL ASSAULT OR ABUSE.
a. Text. “Any person subject to this chapter who forcibly or with coercion or threat of force engages in sexual contact with one or more persons, or causes one or more persons to engage in sexual contact, shall be punished as a military commission under this chapter may direct.”
b. Elements.
(1) The accused wrongfully engaged in sexual contact with one or more persons or wrongfully caused one or more persons to engage in sexual contact;
(2) The sexual contact was committed by force, threat of force or coercion or against a person incapable of giving consent; and
(3) The conduct took place in the context of and was associated with hostilities.
c. Comment. Sexual assault or abuse is defined as intentional sexual contact, characterized by use of force, physical threat of force or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. Sexual assault can occur without regard to gender or spousal relationship or age of victim.
d. Maximum punishment. Confinement for life. 
United States, Manual for Military Commissions, published in implementation of Chapter 47A of Title 10, United States Code, as amended by the Military Commissions Act of 2009, 10 U.S.C, §§ 948a, et seq., 27 April 2010, §§ 5(21) and 5(22), pp. IV-17 and IV-18.
Yugoslavia, Socialist Federal Republic of
The Socialist Federal Republic of Yugoslavia’s Military Manual (1988) provides for the protection of women against attacks on their honour, especially rape and forced prostitution. 
Yugoslavia, Socialist Federal Republic of, Propisi o Primeri Pravila Medjunarodnog Ratnog Prava u Oruzanim Snagama SFRJ, PrU-2, Savezni Sekretarijat za Narodnu Odbranu (Pravna Uprava), 1988, § 253.
Argentina
Argentina’s Law on the Protection of Children’s and Adolescents’ Rights (2005) states:
Children and adolescents are entitled to dignity as subjects of international law and developing persons. [They are entitled] to not be subjected to … any form of … sexual exploitation, kidnapping or trafficking for any cruel or degrading purpose, or under any cruel or degrading form or condition …
Children and adolescents are entitled to their physical, sexual, psychological and moral integrity. 
Argentina, Law on the Protection of Children’s and Adolescents’ Rights, 2005, Article 9.
Armenia
Under Armenia’s Penal Code (2003), the “application of … humiliating practices” during an armed conflict constitutes a crime against the peace and security of mankind. This is also the case for acts of genocide, including “violently preventing births” within a national, ethnic, racial or religious group. 
Armenia, Penal Code, 2003, Articles 390.4(3)and 393.
Australia
Australia’s War Crimes Act (1945) provides that rape and “abduction of girls and women for the purpose of enforced prostitution” are war crimes. 
Australia, War Crimes Act, 1945, Section 3.
Australia
Under Australia’s War Crimes Act (1945), as amended in 2001, rape, indecent assault and “abduction, or procuring, for immoral purposes” are considered serious war crimes. 
Australia, War Crimes Act, 1945, as amended in 2001, Sections 6(1) and 7(1).
Australia
Australia’s Criminal Code Act (1995), as amended to 2007, states with respect to serious war crimes that are committed in the course of an international armed conflict
268.59 War crimerape
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator sexually penetrates another person without the consent of that person; and
(b) the perpetrator knows about, or is reckless as to, the lack of consent; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the other person; and
(b) the perpetrator knows about, or is reckless as to, the lack of consent; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(3) In this section:
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
(4) In this section:
sexually penetrate means:
(a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or
(b) penetrate (to any extent) the mouth of a person by the penis of another person; or
(c) continue to sexually penetrate as defined in paragraph (a) or (b).
(5) In this section, being reckless as to a lack of consent to sexual penetration includes not giving any thought to whether or not the person is consenting to sexual penetration.
(6) In this section, the genitalia or other parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.
268.60 War crimesexual slavery
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes another person to enter into or remain in sexual slavery; and
(b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) For the purposes of this section, sexual slavery is the condition of a person who provides sexual services and who, because of the use of force or threats:
(a) is not free to cease providing sexual services; or
(b) is not free to leave the place or area where the person provides sexual services.
(3) In this section:
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
threat means:
(a) a threat of force; or
(b) a threat to cause a person’s deportation; or
(c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.
268.61 War crimeenforced prostitution
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the consent of the person or persons, including by being reckless as to whether there is consent; and
(b) the perpetrator intends that he or she, or another person, will obtain pecuniary or other advantage in exchange for, or in connection with, the acts of a sexual nature; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
threat of force or coercion includes:
(a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or
(b) taking advantage of a coercive environment.
(3) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.
268.62 War crimeforced pregnancy
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator unlawfully confines one or more women forcibly made pregnant; and
(b) the perpetrator intends to affect the ethnic composition of any population or to destroy, wholly or partly, a national, ethnical, racial or religious group, as such; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
forcibly made pregnant includes made pregnant by a consent that was effected by deception or by natural, induced or age-related incapacity.
(3) To avoid doubt, this section does not affect any other law of the Commonwealth or any law of a State or Territory.
268.63 War crimeenforced sterilisation
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator deprives one or more persons of biological reproductive capacity; and
(b) the deprivation is not effected by a birth-control measure that has a non-permanent effect in practice; and
(c) the perpetrator’s conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons; and
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
consent does not include consent effected by deception or by natural, induced or age-related incapacity.
268.64 War crimesexual violence
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator does either of the following:
(i) commits an act or acts of a sexual nature against one or more persons;
(ii) causes one or more persons to engage in an act or acts of a sexual nature;
without the consent of the person or persons, including by being reckless as to whether there is consent; and
(b) the perpetrator’s conduct is of a gravity comparable to the offences referred to in sections 268.59 to 268.63; and
(c) the conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) Strict liability applies to paragraph (1)(b).
(3) In subsection (1):
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
threat of force or coercion includes:
(a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or
(b) taking advantage of a coercive environment.
(4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature. 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, §§ 268.59–268.64, pp. 338–343.
[emphasis in original]
The Criminal Code Act also states with respect to war crimes that are other serious violations of the laws and customs of war applicable in a non-international armed conflict:
268.82 War crimerape
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator sexually penetrates another person without the consent of that person; and
(b) the perpetrator knows of, or is reckless as to, the lack of consent; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the other person; and
(b) the perpetrator knows of, or is reckless as to, the lack of consent; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
(3) In this section:
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
(4) In this section:
sexually penetrate means:
(a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or
(b) penetrate (to any extent) the mouth of a person by the penis of another person; or
(c) continue to sexually penetrate as defined in paragraph (a) or (b).
(5) In this section, being reckless as to a lack of consent to sexual penetration includes not giving any thought to whether or not the person is consenting to sexual penetration.
(6) In this section, the genitalia or other parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.
268.83 War crimesexual slavery
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes another person to enter into or remain in sexual slavery; and
(b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) For the purposes of this section, sexual slavery is the condition of a person who provides sexual services and who, because of the use of force or threats:
(a) is not free to cease providing sexual services; or
(b) is not free to leave the place or area where the person provides sexual services.
(3) In this section:
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
threat means:
(a) a threat of force; or
(b) a threat to cause a person’s deportation; or
(c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.
268.84 War crimeenforced prostitution
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the consent of the person or persons, including by being reckless as to whether there is consent; and
(b) the perpetrator intends that he or she, or another person, will obtain pecuniary or other advantage in exchange for, or in connection with, the acts of a sexual nature; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
threat of force or coercion includes:
(a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or
(b) taking advantage of a coercive environment.
(3) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.
268.85 War crimeforced pregnancy
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator unlawfully confines one or more women forcibly made pregnant; and
(b) the perpetrator intends to affect the ethnic composition of any population or to destroy, wholly or partly, a national, ethnical, racial or religious group as such; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
forcibly made pregnant includes made pregnant by a consent that was affected by deception or by natural, induced or age-related incapacity.
(3) To avoid doubt, this section does not affect any other law of the Commonwealth or any law of a State or Territory.
268.86 War crimeenforced sterilisation
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator deprives one or more persons of biological reproductive capacity; and
(b) the deprivation is not effected by a birth-control measure that has a non-permanent effect in practice; and
(c) the perpetrator’s conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons; and
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
consent does not include consent effected by deception or by natural, induced or age-related incapacity.
268.87 War crimesexual violence
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator does either of the following:
(i) commits an act or acts of a sexual nature against one or more persons;
(ii) causes one or more persons to engage in an act or acts of a sexual nature;
without the consent of the person or persons, including by being reckless as to whether there is consent; and
(b) the perpetrator’s conduct is of a gravity comparable to the offences referred to in sections 268.82 to 268.87; and
(c) the conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) Strict liability applies to paragraph (1)(b)(3). In subsection (1):
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
threat of force or coercion includes:
(a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against the person or another person; or
(b) taking advantage of a coercive environment.
(4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature. 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, §§ 268.82–268.87, pp. 357–363.
[emphasis in original]
Australia
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the crimes defined in the 1998 ICC Statute, including: “genocide by imposing measures intended to prevent births”; crimes against humanity, including “rape”, “sexual slavery”, “enforced prostitution”, “forced pregnancy”, “enforced sterilisation” and “sexual violence”; and war crimes, including “rape”, “sexual slavery”, “enforced prostitution”, “forced pregnancy”, “enforced sterilisation” and “sexual violence”, in both international and non-international armed conflicts. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, §§ 268.6, 268.14–268.19, 268.59–268.64 and 268.82–268.87.
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides that in international and non-international armed conflicts, rape of civilian persons, degrading and humiliating treatment of women, forced prostitution and attacks on their dignity are prohibited. It further prohibits the rape of prisoners of war and adds: “Women and young girls are especially protected against attacks on their honour.” 
Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Articles 17(2), 21(1) and 22(1).
Azerbaijan
Azerbaijan’s Criminal Code (1999) provides that “committing rape, sexual slavery, enforced prostitution, enforced sterilization and other acts related to sexual violence” are war crimes. 
Azerbaijan, Criminal Code, 1999, Article 116.0.17; see also Article 108 (gender violations: rape, gender enslavement, enforced prostitution and any other forms of sexual violence).
Azerbaijan
Azerbaijan’s Criminal Code (1999), as amended to 2007, provides that “committing rape, sexual slavery, enforced prostitution, enforced sterilization, forced pregnancy and other acts related to sexual violence” are war crimes. 
Azerbaijan, Criminal Code, 1999, as amended to Law 522-11QD dated 25 December 2007, Article 116.0.17; see also Articles 108 and 108-1.
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime. 
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).
Belgium
Belgium’s Penal Code (1867), as amended in 2003, provides:
The crime of genocide, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Convention for the Prevention and Punishment of the Crime of Genocide of 9 December 1948, and without prejudice to criminal provisions applicable to breaches committed out of negligence, the crime of genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such:
4. imposing measures intended to prevent births within the group. 
Belgium, Penal Code, 1867, as amended on 5 August 2003, Chapter III, Title I bis, Article 136 bis, § 4.
The Penal Code further states:
A crime against humanity, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Statute of the International Criminal Court, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
7. rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity. 
Belgium, Penal Code, 1867, as amended on 5 August 2003, Chapter III, Title I bis, Article 136 ter, § 7.
The Penal Code further provides:
War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :
4. rape, sexual slavery, enforced prostitution, enforced pregnancy, enforced sterilization, or any other form of sexual violence constituting a grave breach of the [1949] Geneva Conventions or a serious violation of Article 3 common to the said Conventions. 
Belgium, Penal Code, 1867, as amended on 5 August 2003, Chapter III, Title I bis, Article 136 quater, § 1(4).
Belgium
Belgium’s Law concerning the Repression of Grave Breaches of the Geneva Conventions and their Additional Protocols (1993), as amended in 1999, provides that “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” constitutes a crime under international law. 
Belgium, Law concerning the Repression of Grave Breaches of the Geneva Conventions and their Additional Protocols, 1993, as amended in 1999, Article 1(2)(7).
Belgium
Belgium’s Law relating to the Repression of Grave Breaches of International Humanitarian Law (1993), as amended in 2003, provides:
The crime of genocide, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Convention for the Prevention and Punishment of the Crime of Genocide of 9 December 1948, and without prejudice to criminal provisions applicable to breaches committed out of negligence, the crime of genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such:
4. imposing measures intended to prevent births within the group. 
Belgium, Law relating to the Repression of Grave Breaches of International Humanitarian Law, 1993, as amended on 23 April 2003, Article 1, § 4.
The Law further states:
A crime against humanity, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Statute of the International Criminal Court, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
7. rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity. 
Belgium, Law relating to the Repression of Grave Breaches of International Humanitarian Law, 1993, as amended on 23 April 2003, Article 1 bis, § 7.
The Law further provides:
War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :
3 bis rape, sexual slavery, enforced prostitution, enforced pregnancy, enforced sterilization, or any other form of sexual violence constituting a grave breach of the [1949] Geneva Conventions or a serious violation of Article 3 common to the said Conventions. 
Belgium, Law relating to the Repression of Grave Breaches of International Humanitarian Law, 1993, as amended on 23 April 2003, Article 1 ter, § 1(3 bis).
Bosnia and Herzegovina
The Criminal Code (1998) of the Federation of Bosnia and Herzegovina provides that forced prostitution and rape of civilians is a war crime. 
Bosnia and Herzegovina, Federation, Criminal Code, 1998, Article 154(1).
The Criminal Code (2000) of the Republika Srpska contains the same provision. 
Bosnia and Herzegovina, Republika Srpska, Criminal Code, 2000, Article 433(1).
Bosnia and Herzegovina
Bosnia and Herzegovina’s Criminal Code (2003) criminalizes the following as an act of genocide:
Whoever, with an aim to destroy, in whole or in part, a national, ethnical, racial or religious group, orders perpetration or perpetrates any of the following acts:
d) Imposing measures intended to prevent births within the group. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 171(d).
The Criminal Code criminalizes the following acts as crimes against humanity:
(1) Whoever, as part of a widespread or systematic attack directed against any civilian population, with knowledge of such an attack, perpetrates any of the following acts:
g) Coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape), sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity.
(2) For the purpose of paragraph 1 of this Article the following terms shall have the following meanings:
f) Forced pregnancy means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 172(1)(g) and (2)(f).
[emphasis in original]
The Criminal Code also states that, in time of war, armed conflict or occupation, ordering or coercing “another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape) or forcible prostitution”, in violation of international law, constitutes a war crime. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 173(1)(e).
The Criminal Code, as amended in 2004, further states:
Whoever, by means of use of force or threat of use of force or other forms of coercion, of abduction, of fraud or deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, recruits, transports, transfers, harbours or receipts a person, for the purpose of the prostitution of others or other forms of sexual exploitation, …
shall be punished by imprisonment for a term of between one and ten years. 
Bosnia and Herzegovina, Criminal Code, 2003, as amended in 2004, Article 186(1).
Burundi
Burundi’s Law on Genocide, Crimes against Humanity and War Crimes (2003) states:
[The following are] considered as war crimes:
B. Other serious violations of the laws and customs applicable in international armed conflicts, within the established framework of international law, namely, any of the following acts:
u) committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
D. Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
f) committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and any other form of sexual violence also constituting a serious violation of Article 3 common to the four Geneva Conventions. 
Burundi, Law on Genocide, Crimes against Humanity and War Crimes, 2003, Article 4(B)(u) and (D)(f); see also Article 2(d) (genocide) and Article 3(g) (crimes against humanity).
Burundi
Burundi’s Penal Code (2009) states:
“War crimes” means crimes which are committed as part of a plan or policy or as part of a large-scale commission of such crimes, in particular:
2. … [S]erious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
22°. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 197(6°), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the [1949] Geneva Conventions;
5. … [S]erious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
6°. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 197(6°), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the [1949] Geneva Conventions. 
Burundi, Penal Code, 2009, Article 198(2)(22°) and (5)(6°).
The Code also states: “‘Forced pregnancy’ means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.” 
Burundi, Penal Code, 2009, Article 197(6°).
Cambodia
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its Article 5:
The Extraordinary Chambers shall have the power to bring to trial all suspects who committed crimes against humanity during the period 17 April 1975 to 6 January 1979.
Crimes against humanity … are any acts committed as part of a widespread or systematic attack directed against any civilian population, on national, political, ethnical, racial or religious grounds, such as:
- rape. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 5.
Article 4 of the Law further provides:
The Extraordinary Chambers shall have the power to bring to trial all Suspects who committed the crimes of genocide as defined in the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, and which were committed during the period from 17 April 1975 to 6 January 1979.
The acts of genocide … mean any acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, such as:
- imposing measures intended to prevent births within the group. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 4.
Canada
Canada’s Crimes against Humanity and War Crimes Act (2000) provides that genocide, crimes against humanity and war crimes defined in Articles 6, 7 and 8(2) of the 1998 ICC Statute are “crimes according to customary international law” and, as such, indictable offences under the Act. 
Canada, Crimes against Humanity and War Crimes Act, 2000, Section 4(1) and (4).
China
China’s Law Governing the Trial of War Criminals (1946) provides that rape and “kidnapping females and forcing them to become prostitutes” is a war crime. 
China, Law Governing the Trial of War Criminals, 1946, Article 3(3) and (17).
Colombia
Colombia’s Penal Code (2000) imposes a criminal sanction on anyone who, during an armed conflict, carries out or orders the “carrying out of forced sexual acts on protected persons” and “forced prostitution or sexual slavery”. 
Colombia, Penal Code, 2000, Articles 139 and 141.
Congo
Under the Congo’s Genocide, War Crimes and Crimes against Humanity Act (1998), “imposing measures intended to prevent births” within an ethnical, racial or religious group, as such, with intent to destroy the group, in whole or in part, constitutes a crime of genocide. Moreover, “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and any other form of sexual violence of comparable gravity” when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, is a crime against humanity. 
Congo, Genocide, War Crimes and Crimes against Humanity Act, 1998, Articles 1 and 6.
The Act defines war crimes with reference to the categories of crimes defined in Article 8 of the 1998 ICC Statute. 
Congo, Genocide, War Crimes and Crimes against Humanity Act, 1998, Article 4.
Croatia
Croatia’s Criminal Code (1997) provides that forced prostitution and rape are war crimes. 
Croatia, Criminal Code, 1997, Article 158.
Croatia
Croatia’s Criminal Code (1997), as amended to 2006, states that a war crime is committed by whoever “orders rape, sexual oppression, forced prostitution, pregnancy or sterilization or other sexual abuse”. 
Croatia, Criminal Code, 1997, as amended to 2006, Article 158(1).
The Criminal Code also states that “[ordering] that a person be raped or subjected to some other violent sexual act or that a woman who has been impregnated as a result of such violent act be intentionally kept in detention so as to change the ethnic composition of some population” is a crime against humanity. 
Croatia, Criminal Code, 1997, as amended to 2006, Article 157a.
The Criminal Code further states that “[intending] to destroy in whole or in part a national, ethnic, racial or religious group … or [ordering] measures to be imposed which are intended to prevent births within the group” is an act of genocide. 
Croatia, Criminal Code, 1997, as amended to 2006, Article 156.
Democratic Republic of the Congo
The Democratic Republic of the Congo’s Military Penal Code (2002) provides:
Article 169
Any of the following acts, perpetrated as part of a widespread or systematic attack knowingly directed against the Republic or the civilian population, equally constitutes a crime against humanity and is punished by death, whether committed in time of peace or in time of war:
7. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and other forms of sexual violence of comparable gravity. 
Democratic Republic of the Congo, Military Penal Code, 2002, Article 169.
Democratic Republic of the Congo
The Democratic Republic of the Congo’s Law Relative to Sexual Violence (2006), modifying and completing the Congolese Penal Code, provides:
Legislative background
Until now, Congolese penal law did not contain all the incriminations that international law, since 1946, has established as offences, as a dissuasive bulwark against those who, big or small, violate international law, in particular humanitarian law, thereby denying the civilian population the quality and the values of humanity.
Thus, the present law modifies and completes the Congolese Penal Code by integrating rules of international humanitarian law relative to offences of sexual violence. Thereby, it largely takes into account the protection of the most vulnerable persons, notably women, children and men victims of offences of sexual violence.
Law
Article 2
Section II of Title VI of the Penal Code, Book II is modified and completed as follows.
Section II: Sexual violence offences
First paragraph: Indecent assault
Article 167
Any act contrary to morals intentionally and directly exercised against a person without their valid consent constitutes an indecent assault.
Any indecent assault committed without violence, trickery or threats against the person or through the person of a child aged less than 18 years shall be punished with penal servitude between six months and five years. The age of the child can be determined by medical examination, official information on personal data lacking.
Article 168
Indecent assault committed with violence, trickery or threats against persons of either sex shall be punished with penal servitude between six months and five years.
Indecent assault committed with violence, trickery or threats against the person or through the person of a child aged less than 18 years shall be punished with penal servitude between five and fifteen years. If the assault was committed against persons or through persons aged less than ten years, the penalty shall be between five and twenty years.
Paragraph 2: Rape
Article 170
Shall have committed rape, either by aid of violence or grave threats or by coercion against a person, directly or through a third person, or by surprise, psychological pressure, or at the occasion of a coercive environment, or by abusing a person who due to illness, alteration of faculties or any other accidental reason has lost the use of his/her senses, or who has been deprived of them by artifice:
a) any man, whatever his age, who has inserted his sexual organ, however slight, into that of a woman, or any woman, whatever her age, who has forced a man to insert, if only superficially, his sexual organ into hers;
b) any man who has penetrated, however slight, the anus, mouth or any other orifice of the body of a woman or a man with a sexual organ, with any other part of the body, or with any object whatsoever;
c) any person who has inserted, however slight, any other part of the body or any object whatsoever into the vagina;
d) any person who has forced a man or a woman to penetrate, however slight, his anus, mouth or any orifice of the body with a sexual organ, with any other part of the body, or with any object whatsoever;
Whoever is found guilty of rape shall be punished with a penalty of penal servitude between five and twenty years and a fine of not less than 100,000 Congolese francs.
Article 171
If the rape or the indecent assault has caused the death of the person against whom it was committed, the perpetrator shall be punished with penal servitude for life.
Article 171bis
The minimum of the penalties provided in articles 167, paragraph 2, l68 and 170, paragraph 2, of the present Code shall be doubled:
2. if [the perpetrators] belong to the category of those who have authority over [the person against whom or through whom the assault was committed].
4. if the assault has been committed either by public agents … who have abused their position to commit it …;
5. if the perpetrator has been aided in the execution of the offence by one or several persons;
6. if it is committed against captive persons by their guards;
10. if the rape was committed by use of a weapon or threat therewith.
Article 3
Section III of Title VI of the Penal Code, Book II is modified as follows:
Section III: Other sexual violence offences
Paragraph 3: Enforced prostitution
Article 174 c
Whoever caused one or more persons to engage in one or more acts of a sexual nature, by force, by threat of force, or by coercion, or by taking advantage of such persons’ incapacity to give genuine consent, with a view to obtain pecuniary or other advantage, shall be punished with three months to five years of penal servitude.
Paragraph 5: Sexual slavery
Article 174 e
Punished with a penalty of five to twenty years of penal servitude and a fine of 200,000 Congolese francs shall be whoever has exercised one or all of the powers attached to the right of ownership over a person, notably by detaining or imposing a similar deprivation of liberty or by purchasing, selling, lending or bartering such a person for sexual purposes, and has caused that person to engage in one or more acts of a sexual nature.
Paragraph 10: Trafficking and exploitation of children for sexual purposes
Article 174 j
Any act or transaction related to the trafficking or exploitation of children or any other person for sexual purposes in return for remuneration or any advantage whatsoever is punished with ten to twenty years of penal servitude.
Paragraph 11: Forced pregnancy
Article 174 k
Punished with a penalty of penal servitude between ten and twenty years shall be whoever has confined one or more women made pregnant by force or trickery.
Paragraph 12: Enforced sterilization
Article 174 l
Punished with five to fifteen years of penal servitude shall be whoever has committed against a person an act depriving that person of the biological and organic reproductive capacity, without such an act having been previously been made the object of a justified medical decision and the genuine consent of the victim.
Paragraph 14: Child prostitution
Article 174 n
Punished by penal servitude between five and twenty years and a fine of 200,000 Congolese francs shall be whoever has used a child of less than 18 years for purposes of sexual activities against remuneration or any other form of advantage. 
Democratic Republic of the Congo, Law Relative to Sexual Violence, 2006, Legislative background and Law, Articles 2–3.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
El Salvador
Under El Salvador’s Penal Code (1997), “adopting measures aimed at preventing reproduction” of a national, racial or religious group, with the intent to destroy partially or totally such group, is a crime of genocide. 
El Salvador, Penal Code, 1997, Article 361.
Estonia
Estonia’s Penal Code (2001) provides that rape of a civilian person is a war crime. 
Estonia, Penal Code, 2001, § 97; see also § 89 (rape and subjection to prostitution as crimes against humanity) and § 90 (coercive measures preventing childbirth within a group as part of a genocide campaign).
Ethiopia
Under Ethiopia’s Penal Code (1957) “compulsion to acts of prostitution, debauchery and rape” are war crimes against the civilian population. 
Ethiopia, Penal Code, 1957, Article 282(f).
Ethiopia’s Criminal Code (2004) states:
Article 270.- War Crimes against the Civilian Population.
Whoever, in time of war, armed conflict or occupation organizes, orders or engages in, against the civilian population and in violation of the rules of public international law and of international humanitarian conventions:
(f) compulsion to acts of prostitution, debauchery or rape …
is punishable with rigorous imprisonment from five years to twenty-five years, or, in more serious cases, with life imprisonment or death. 
Ethiopia, Criminal Code, 2004, Article 270.
The Criminal Code of 2004 repealed Ethiopia’s Penal Code of 1957.
Finland
Finland’s Criminal Code (1889), as amended in 2008, provides that any person who “rapes another, subjects him or her to sexual slavery, forces him or her into prostitution, pregnancy or sterilization or commits other corresponding aggravated sexual violence against him or her” shall be “sentenced for a war crime to imprisonment for at least one year or for life”. 
Finland, Criminal Code, 1889, as amended in 2008, Chapter 11, Section 5(1)(2).
(emphasis in original)
France
France’s Penal Code (1994), as amended in 2010, states in its section on war crimes common to both international and non-international armed conflicts:
Forcing a person protected by the international law of armed conflict into prostitution, unwanted pregnancy and sterilization against that person’s will, or inflicting any other form of sexual violence of comparable gravity against such person, is punishable by life imprisonment. 
France, Penal Code, 1994, as amended in 2010, Article 461-4.
Georgia
Under Georgia’s Criminal Code (1999), any war crime provided for by the 1998 ICC Statute, which is not explicitly mentioned in the Code, such as “rape, sexual slavery, enforced prostitution, forced pregnancy, … enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions” in international and non-international armed conflicts, is a war crime. 
Georgia, Criminal Code, 1999, Article 413(d).
Germany
Germany’s Law Introducing the International Crimes Code (2002) provides for the punishment of anyone who, in connection with an international or non-international armed conflict,
sexually coerces, rapes, forces into prostitution or deprives a person who is to be protected under international humanitarian law of his or her reproductive capacity, or confines a woman forcibly made pregnant with the intent of affecting the ethnic composition of any population. 
Germany, Law Introducing the International Crimes Code, 2002, Article 1, § 8(1)(4); see also § 6(1)(4) (genocide) and § 7(1)(6) (crimes against humanity).
Guinea
Guinea’s Children’s Code (2008) states:
Article 347: Any completed or attempted indecent act carried out directly, immediately and intentionally against a person, with or without violence, constitutes indecent assault.
Article 348: Any indecent assault committed or attempted without the use of violence, coercion or surprise against a Child of either sex [under] the age of 13 will be punished with 3 to 10 years’ imprisonment and by a fine of 100,000 to 500,000 Guinean francs or with one of these penalties.
Any indecent assault on a Child above the age of 13 and not emancipated by marriage will be punished with one or both of these penalties when completed or attempted without violence, coercion or surprise by a natural or adoptive ancestor of the victim, by a person having authority over the victim, or by a person who abused the authority conferred on him or her through his or her position.
During an armed conflict, any assault committed in the same circumstances as those described above will be punished with 5 to 15 years’ imprisonment and with a fine of 500,000 to 1,000,000 Guinean francs, or with one of these penalties.
Article 349: Any indecent assault completed or attempted with violence, threat or surprise against the person of a Child of either sex under the age of 15 will be punished with 3 to 10 years’ imprisonment and a fine of 200,000 to 800,000 Guinean francs or with one of these penalties.
During an armed conflict, the penalty will be 5 to 20 years’ imprisonment and a fine of 500,000 to 2,000,000 Guinean francs or one of these penalties.
Article 353: During an armed conflict, rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization or any other form of sexual violence, if committed against a person under the age of 18, will be punished with 15 to 20 years’ imprisonment and a fine of 1,000,000 to 2,500,000 Guinean francs or with one of these penalties.
An attempt to commit any of these violations will be punished with the same penalties.
Article 430: During an armed conflict, any assault against the physical and moral integrity of a Child will be punished with 2 to 5 years’ imprisonment and a fine of 50,000 to 500,000 Guinean francs or with one of these penalties. 
Guinea, Children’s Code, 2008, Articles 347–349, 353 and 430.
Hungary
Under Hungary’s Criminal Code (1978), as amended in 1998, taking measures aiming at the prevention of births within a national, ethnic, racial or religious group, as a part of a genocide campaign, constitutes a “crime against the freedom of peoples”. 
Hungary, Criminal Code, 1978, as amended in 1998, Section 155(1)(d).
India
India’s Protection of Children from Sexual Offences Act (2012), as amended, states:
D. - Aggravated sexual assault and punishment therefor
9. …
(b) whoever, being a member of the armed forces or security forces, commits sexual assault on a child–
(i) within the limits of the area to which the person is deployed; or
(ii) in any areas under the command of the security or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known or identified as a member of the security or armed forces; …
is said to commit aggravated sexual assault.
10. Whoever … commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. 
India, Protection of Children from Sexual Offences Act, 2012, Articles 9–10.
India
India’s Criminal Law (Amendment) Act (2013) states:
Whoever,–
(c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; …
Shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. 
India, Criminal Law (Amendment) Act, 2013, Article 376(2).
Iraq
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) identifies the following as a serious violation of the laws and customs of war applicable in both international and non-international armed conflicts: “Committing rape, sexual slavery, enforced prostitution, forced pregnancy, or any other form of sexual violence of comparable gravity”. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 13(2)(V) and (4)(F).
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of common Articles 3 and 27 of the Geneva Convention IV, and of the 1977 Additional Protocol I, including violations of Articles 75(2), 76(1) and 77(1), as well as any “contravention” of the 1977 Additional Protocol II, including violations of Article 4(2)(e), are punishable offences. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Israel
Israel’s Nazis and Nazi Collaborators (Punishment) Law (1950) includes “imposing measures intended to prevent births among Jews” in its definition of genocide. 
Israel, Nazis and Nazi Collaborators (Punishment) Law, 1950, Section 1(b).
Lithuania
Under Lithuania’s Criminal Code (1961), as amended in 1998, “rape of women or forcing them to engage in prostitution” constitutes a war crime. 
Lithuania, Criminal Code, 1961, as amended in 1998, Article 336.
Mali
Mali’s Penal Code (2001) provides that “rape, sexual slavery, forced prostitution, forced pregnancies, forced sterilization or any other form of sexual violence which is a grave breach of the 1949 Geneva Conventions” constitutes a war crime in international armed conflicts. 
Mali, Penal Code, 2001, Article 31(i)(22); see also Article 29(g) (sexual violence as a crime against humanity) and Article 30(d) (prevention of births as part of a genocide campaign).
Mozambique
Mozambique’s Military Criminal Law (1987) criminalizes sexual intercourse with a woman against her will, as well as the rape of minors under 12 years old. 
Mozambique, Military Criminal Law, 1987, Article 85(b)–(c).
Myanmar
Myanmar’s Defence Service Act (1959) provides:
Any person subject to this law who commits an offence … of rape in relation to [any person not subject to military law] shall not be deemed to be guilty of an offence against this act and shall not be tried by a court-martial unless he commits any of the said offences … while in active service. 
Myanmar, Defence Services Act, 1959, Section 72.
Netherlands
The Definition of War Crimes Decree (1946) of the Netherlands includes “rape” and “abduction of girls and women for the purpose of enforced prostitution” in its list of war crimes. 
Netherlands, Definition of War Crimes Decree, 1946, Article 1.
Netherlands
Under the International Crimes Act (2003) of the Netherlands, “rape, sexual slavery, enforced prostitution, enforced sterilization, or any other form of sexual violence which can be deemed to be of a gravity comparable to a grave breach of the Geneva Conventions”, “forced pregnancy”, as well as “outrages upon personal dignity, in particular humiliating and degrading treatment” of persons taking no active part in the hostilities, constitute crimes, whether committed in time of international or non-international armed conflict. 
Netherlands, International Crimes Act, 2003, Articles 5(3)(a) and (b), 5(5)(j), 6(1)(c) and 6(2)(a) and (b); see also Article 3(1)(d) (imposition of measures intended to prevent births within a group as part of a genocide campaign) and Article 4(1)(g) (rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence of comparable gravity as crimes against humanity).
New Zealand
Under New Zealand’s International Crimes and ICC Act (2000), genocide includes the crimes defined in Article 6(d) of the 1998 ICC Statute, crimes against humanity include the crimes defined in Article 7(1)(g) of the Statute, and war crimes include the crimes defined in Article 8(2)(b)(xxii) and (e)(vi) of the Statute. 
New Zealand, International Crimes and ICC Act, 2000, Sections 9(2), 10(2) and 11(2).
Niger
According to Niger’s Penal Code (1961), as amended in 2003, it is a crime of genocide to adopt “measures aimed at preventing birth” within a group, with the intent to destroy partially or totally a national, ethnic, racial or religious group or a group defined on the basis of any other arbitrary criterion. 
Niger, Penal Code, 1961, as amended in 2003, Article 208.1.
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108.
Norway
Norway’s Penal Code (1902), as amended in 2008, states:
Any person is liable to punishment for a war crime who in connection with an armed conflict … subjects a protected person to rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity. 
Norway, Penal Code, 1902, as amended in 2008, § 103(d).
The Penal Code further states: “A protected person is a person who does not take, or who no longer takes, active part in hostilities, or who is otherwise protected under international law.” 
Norway, Penal Code, 1902, as amended in 2008, § 103.
Paraguay
Under Paraguay’s Military Penal Code (1980), rape is a crime. 
Paraguay, Military Penal Code, 1980, Articles 289–290.
Peru
Peru’s Regulations to the Law on Internal Displacement (2005) states:
Internally displaced persons who return to their places of habitual residence or who have resettled in another part of the country have a right to:
k) Be protected against … gender-based violence and sexual exploitation.
l) Be protected against crimes of sexual violence and abuse against women and their families. 
Peru, Regulations to the Law on Internal Displacement, 2005, Article 6(k)–(l).
Peru
Peru’s Code of Military and Police Justice (2006) states:
Any member of the military or police who in the context of an international or non-international armed conflict:
4. Subjects [one or more persons] to rape or sexual slavery, enforced prostitution, enforced sterilization, forced marriage or cohabitation as a partner, shall be imprisoned for a period of no less than six and no more than 15 years.
The same penalty shall be imposed for the unlawful confinement of a woman protected by international humanitarian law who has been forcibly impregnated with the intent of affecting the ethnic composition of a population, or who has been forced by means of violence or serious threat to have an abortion. 
Peru, Code of Military and Police Justice, 2006, Article 90(4).
This article is no longer in force. Along with certain other articles in this legislation, it was declared unconstitutional by the Constitutional Court (en banc decision for case file No. 0012-2006-PI-TC, 8 January 2007) because it does not stipulate a crime committed in the line of duty that would fall under the jurisdiction of a military court pursuant to Article 173 of Peru’s Constitution.
Peru
Peru’s Decree on the Use of Force by the Armed Forces (2010) states:
With respect to the persons mentioned above [i.e. persons not directly participating in hostilities or who have laid down their arms as well as persons placed hors de combat by illness, wounds, detention or any other reason], the following actions are prohibited anytime and anywhere:
b. … sexual violence.
f. Threats to carry out any of the aforementioned acts. 
Peru, Decree on the Use of Force by the Armed Forces, 2010, Article 8.1.b and f.
Philippines
The Philippines’ Republic Act No. 8353 (1997), the “Anti-Rape Law of 1997”, provides:
Article 266-B. Penalties
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime. 
Philippines, Republic Act No. 8353, 1997, Section 1, Chapter 3, Article 266-B(2) and (7).
Republic Act No. 9346 (2006), which prohibited the imposition of the death penalty in the Philippines, provides for the imposition of life sentences for offences until that point punishable by death. 
Philippines, Republic Act No. 9346, 2006, Sections 1–5.
Republic of Korea
The Republic of Korea’s Military Criminal Code (1962) provides that the rape of women in combat or in an occupied zone is punishable by the death penalty. 
Republic of Korea, Military Criminal Code, 1962, Article 84(1).
Republic of Korea
The Republic of Korea’s ICC Act (2007) provides for the punishment of crimes listed in the 1998 ICC Statute, including in both international and non-international armed conflicts: genocide by “[i]mposing measures intended to prevent births within the group”; “[r]ape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violation of comparable gravity” as crimes against humanity; as well as the war crimes of “[r]ape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization against a person who is to be protected under international humanitarian law”. 
Republic of Korea, ICC Act, 2007, Articles 8(2)(3), 9(2)(6) and 10(2)(3).
Rwanda
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
Article: 10
“War crime” shall also mean any of the following acts committed in armed conflicts:
4° outrages upon human dignity, in particular rape, sexual abuse, enforced prostitution, and any form of indecent assault;
Article: 11
Anyone who commits one of the war crimes provided for in Article 10 of this law shall be punished by the following penalties:
1° the death penalty or life imprisonment where he has committed a crime provided for in point 1°, 4°, 5°, 6°, 9° or 10° of Article 10 of this law. 
Rwanda, Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes, 2003, Articles 10–11.
Acts constituting the crime of genocide perpetrated against Tutsi and other crimes against humanity which are in the jurisdiction of the Primary Court
The following offences shall be tried at the first instance by the Primary Court:
Senegal
Senegal’s Penal Code (1965), as amended in 2007, states that the following constitute war crimes:
b) [O]ther serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
19. committing rape, sexual slavery, enforced prostitution, enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
d) …
Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
6. subjecting to rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and any other form of sexual violence also constituting a serious violation of Article 3 common to the four Geneva Conventions. 
Senegal, Penal Code, 1965, as amended in 2007, Article 431-3(b)(19) and (d)(6); see also Article 431-1(4) (genocide) and Article 431-2(1) (crimes against humanity).
Serbia
Serbia’s Criminal Code (2005) states that ordering or imposing measures intended to prevent births within a group, “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”, constitutes an act of genocide. 
Serbia, Criminal Code, 2005, Article 370.
The Criminal Code also states that ordering or committing “rape; forcing to prostitution; forcing pregnancy or sterilization aimed at changing the ethnic balance of the population” which is “part of a wider and systematic attack against the civilian population” constitutes a crime against humanity. 
Serbia, Criminal Code, 2005, Article 371.
The Criminal Code further states that, in time of war, armed conflict or occupation, the ordering or commitment of “rape” against, or “forcing into prostitution” of, members of the civilian population, in violation of international law, constitutes a war crime. 
Serbia, Criminal Code, 2005, Article 372(1).
The Criminal Code also states: “Whoever … hides or holds another person with intent to exploit such person … [through] prostitution [or] … pornography … shall be punished by imprisonment of [from] two to twelve years.” 
Serbia, Criminal Code, 2005, Article 388.
Slovenia
Under Slovenia’s Penal Code (1994), forced prostitution and rape are war crimes. 
Slovenia, Penal Code, 1994, Article 374(1).
Somalia
Somalia’s Military Criminal Code (1963) states:
A commander who causes serious harm to lawful enemy belligerents who have fallen into his power, or to the sick, wounded or shipwrecked, by not according them the treatment prescribed by law or by international agreements … shall be punished, unless the act constitutes a more serious offence, by military confinement for not less than three years. 
Somalia, Military Criminal Code, 1963, Article 382.
South Africa
South Africa’s ICC Act (2002) reproduces the crimes listed in the 1998 ICC Statute, including genocide by “imposing measures intended to prevent births within the group”, and “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” as crimes against humanity, as well as the war crimes of “committing rape, sexual slavery, enforced prostitution, forced pregnancy …, enforced sterilization, or any other form of sexual violence also constituting a grave breach of [the 1949 Geneva Conventions or, in non-international armed conflicts, Common Article 3]” in both international and non-international armed conflicts. 
South Africa, ICC Act, 2002, Schedule 1, Part 1, § (d), Part 2, § 1(g) and Part 3, §§ (a)(xxii) and (e)(vi).
Spain
Spain’s Military Criminal Code (1985) provides for the punishment of military personnel who commit rape of the wounded, sick and shipwrecked, prisoners of war or the civilian population. 
Spain, Military Criminal Code, 1985, Article 76.
Spain
Under Spain’s Penal Code (1995), in time of armed conflict, acts of induced or forced prostitution or any type of attempt against the honour of protected persons are criminal offences. 
Spain, Penal Code, 1995, Article 612(3).
Spain
Spain’s Penal Code (1995), as amended in 2010, states:
Any person who [commits any of the following acts] during armed conflict is punished with 10 to 15 years’ imprisonment, without prejudice to a penalty for the results of such acts:
9. Outrage against the sexual freedom of a protected person through acts of rape, sexual slavery, enforced or induced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence. 
Spain, Penal Code, 1995, as amended on 23 June 2010, Article 611(9).
Spain
Spain’s Royal Ordinances for the Armed Forces (2009) states that members of the armed forces “[m]ust protect defenceless or disadvantaged persons, in particular women and children, against rape, forced prostitution … or any other form of sexual exploitation or violence.” 
Spain, Royal Ordinances for the Armed Forces, 2009, Article 112.
Switzerland
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states in a chapter entitled “War crimes”:
Art. 110
Articles 112–114 apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
Art. 112a
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
b. rapes a person of the female sex protected by international humanitarian law, confines her after she has been made pregnant against her will with the intent of affecting the ethnic composition of a population, forces a person protected by international humanitarian law to undergo a sexual act of comparable gravity, forces such a person to engage in prostitution or forcibly sterilizes such a person. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 112a (1)(b).
The Code also states:
Art. 5
1 In times of war, in addition to the persons mentioned in art. 3 [Personal conditions] and 4 [Extension in case of active service], the following are subject to military criminal law:
1. Civilians who make themselves culpable of one of the following offences:
d. genocide [Art. 108] or crime against humanity [Art. 109] (Part 2, chapter 6) …;
5. Foreign military persons who make themselves culpable of genocide [Art. 108] or a crime against humanity [Art. 109] (Part 2, chapter 6)[.]
Chapter 6 – Genocide and crimes against humanity
Art. 108
1 The penalty shall be a custodial sentence of life or a custodial sentence of not less than ten years for any person who with the intent to destroy, in whole or in part, a national, racial, religious, ethnical, social or political group, as such:
c. orders or takes measures intended to prevent births within the group;
Art. 109
1 The penalty shall be a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against the civilian population:
c. disposes over a person by assuming a right of ownership over that person, in particular in the context of trafficking in persons, sexual exploitation or forced labour;
g. rapes a person of the female sex protected by international humanitarian law, confines her after she has been made pregnant against her will with the intent of affecting the ethnic composition of a population, forces a person protected by international humanitarian law to undergo a sexual act of comparable gravity, forces such a person to engage in prostitution or forcibly sterilizes such a person. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 5(1)(1)(d) and (5), 108(1)(c) and 109(1)(c) and (g).
[footnotes in original omitted]
Switzerland
Switzerland’s Penal Code (1937), as amended in 2009, states
Any person who, with the intent to destroy, in whole or in part, a national, racial, religious or ethnic group, [commits any of the following acts,] is to be punished with life imprisonment, 10 years’ imprisonment or less:
c. imposing measures to prevent births within the group. 
Switzerland, Penal Code, 1937, as amended in 2009, Article 264(1)(c).
Switzerland
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, states under the title “War crimes”:
Art. 264b
Articles 264d–264j apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
Art. 264e
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
b. rapes a person of the female sex protected by international humanitarian law, confines her after she has been made pregnant against her will with the intent of affecting the ethnic composition of a population, forces a person protected by international humanitarian law to undergo a sexual act of comparable gravity, forces such a person to engage in prostitution or forcibly sterilizes such a person. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Articles 264b and 264e (1)(b).
Turkey
Under Turkey’s Criminal Code (2004), the imposition of measures that are intended to prevent births in the group constitutes genocide when committed “under a plan against members of national, racial or religious groups with the intention of destroying the complete or part of the group”. Furthermore, sexual assault and sexual abuse of children, forced pregnancy and forced prostitution constitute crimes against humanity when committed “systematically under a plan against a sector of a community for political, philosophical, racial or religious reasons”. 
Turkey, Criminal Code, 2004, Articles 76(d), 77(f), 77(g) and 77(h).
United Kingdom of Great Britain and Northern Ireland
Under the UK ICC Act (2001), it is a punishable offence to commit genocide as defined in Article 6(d) of the 1998 ICC Statute, a crime against humanity as defined in Article 7(1)(g) of the Statute, and a war crime as defined in Article 8(2)(b)(xxii) and (e)(vi) of the Statute. 
United Kingdom, ICC Act, 2001, Sections 50(1) and 51(1) (England and Wales) and Section 58(1) (Northern Ireland).
United States of America
The US War Crimes Act (1996), as amended by the Military Commissions Act (2006), which was passed by Congress following the Supreme Court’s decision in Hamden v. Rumsfeld in 2006, includes in its definition of war crimes any conduct constituting a grave breach of common Article 3 of the 1949 Geneva Conventions:
§ 2441. War crimes
(c) Definition.—As used in this section the term “war crime” means any conduct—
(3) which constitutes a grave breach of common Article 3 (as defined in subsection (d)) when committed in the context of and in association with an armed conflict not of an international character; or
(d) Common Article 3 Violations.—
(1) Prohibited conduct.—In subsection (c)(3), the term “grave breach of common Article 3” means any conduct (such conduct constituting a grave breach of common Article 3 of the international conventions done at Geneva August 12, 1949), as follows:
(G) Rape.—The act of a person who forcibly or with coercion or threat of force wrongfully invades, or conspires or attempts to invade, the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object.
(H) Sexual assault or abuse.—The act of a person who forcibly or with coercion or threat of force engages, or conspires or attempts to engage, in sexual contact with one or more persons, or causes, or conspires or attempts to cause, one or more persons to engage in sexual contact.
(2) Definitions.—In the case of an offense under subsection (a) by reason of subsection (c)(3)—
(C) the term “sexual contact” shall be applied for purposes of paragraph (1)(G) in accordance with the meaning given that term in section 2246 (3) of this title;
(5) Definition of grave breaches.—The definitions in this subsection are intended only to define the grave breaches of common Article 3 and not the full scope of United States obligations under that Article. 
United States, War Crimes Act, 1996, 18 United States Code Sec. 2441, as amended by Military Commissions Act (2006), 17 October 2006, § 2441 (c)(3) and (d).
United States of America
The US Military Commissions Act (2006), passed by Congress following the Supreme Court’s decision in Hamdan v. Rumsfeld in 2006, amends Title 10 of the United States Code as follows:
§ 950v. Crimes triable by military commissions
“ …
“(b) OFFENSES.—The following offenses shall be triable by military commission under this chapter at any time without limitation:
“ …
“(21) RAPE.—Any person subject to this chapter who forcibly or with coercion or threat of force wrongfully invades the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object, shall be punished as a military commission under this chapter may direct.
“(22) SEXUAL ASSAULT OR ABUSE.—Any person subject to this chapter who forcibly or with coercion or threat of force engages in sexual contact with one or more persons, or causes one or more persons to engage in sexual contact, shall be punished as a military commission under this chapter may direct. 
United States, Military Commissions Act, 2006, Public Law 109-366, Chapter 47A of Title 10 of the United States Code, 17 October 2006, p. 120 Stat. 2629, § 950v (b) (21) and (22).
The Military Commissions Act further states:
Sec. 6. Implementation of Treaty Obligations
“ …
“(b) REVISION TO WAR CRIMES OFFENSE UNDER FEDERAL CRIMINAL CODE.—
“(1) IN GENERAL.—Section 2441 of title 18, United States Code, is amended—
“…
“(B) by adding at the end the following new subsection:
“(d) COMMON ARTICLE 3 VIOLATIONS.—
“(1) PROHIBITED CONDUCT.—In subsection (c)(3), the term “grave breach of common Article 3” means any conduct (such conduct constituting a grave breach of common Article 3 of the international conventions done at Geneva August 12, 1949), as follows:
“ …
“(G) RAPE.—The act of a person who forcibly or with coercion or threat of force wrongfully invades, or conspires or attempts to invade, the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object.
“(H) SEXUAL ASSAULT OR ABUSE.—The act of a person who forcibly or with coercion or threat of force engages, or conspires or attempts to engage, in sexual contact with one or more persons, or causes, or conspires or attempts to cause, one or more persons to engage in sexual contact.  
United States, Military Commissions Act, 2006, Public Law 109-366, Chapter 47A of Title 10 of the United States Code, 17 October 2006, p. 120 Stat. 2634, Sec. 6(b) (1) (B) (d) (1) (G) and (H).
United States of America
In July 2007, and in accordance with section 6(a)(3) of the Military Commissions Act (2006), the US President issued an Executive Order which stated that a “Program of Detention and Interrogation Operated by the Central Intelligence Agency” complied with US obligations under common Article 3 of the 1949 Geneva Conventions. The Executive Order stated in part:
Sec. 2. Definitions. As used in this order:
(c) “Cruel, inhuman, or degrading treatment or punishment” means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States.
Sec. 3. Compliance of a Central Intelligence Agency Detention and Interrogation Program with Common Article 3.
(a) Pursuant to the authority of the President under the Constitution and the laws of the United States, including the Military Commissions Act of 2006, this order interprets the meaning and application of the text of Common Article 3 with respect to certain detentions and interrogations, and shall be treated as authoritative for all purposes as a matter of United States law, including satisfaction of the international obligations of the United States. I hereby determine that Common Article 3 shall apply to a program of detention and interrogation operated by the Central Intelligence Agency as set forth in this section. The requirements set forth in this section shall be applied with respect to detainees in such program without adverse distinction as to their race, color, religion or faith, sex, birth, or wealth.
(b) I hereby determine that a program of detention and interrogation approved by the Director of the Central Intelligence Agency fully complies with the obligations of the United States under Common Article 3, provided that:
(i) the conditions of confinement and interrogation practices of the program do not include:
(B) any of the acts prohibited by section 2441(d) of title 18, United States Code, including murder, torture, cruel or inhuman treatment, mutilation or maiming, intentionally causing serious bodily injury, rape, sexual assault or abuse, taking of hostages, or performing of biological experiments;
(E) willful and outrageous acts of personal abuse done for the purpose of humiliating or degrading the individual in a manner so serious that any reasonable person, considering the circumstances, would deem the acts to be beyond the bounds of human decency, such as sexual or sexually indecent acts undertaken for the purpose of humiliation, forcing the individual to perform sexual acts or to pose sexually, threatening the individual with sexual mutilation, or using the individual as a human shield. 
United States, Executive Order 13440, Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency, 20 July 2007.
United States of America
The US Military Commissions Act (2009) amends Chapter 47A of Title 10 of the United States Code as follows:
§ 950t. Crimes triable by military commission
“The following offenses shall be triable by military commission under this chapter at any time without limitation:
“ …
“(21) RAPE.—Any person subject to this chapter who forcibly or with coercion or threat of force wrongfully invades the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object, shall be punished as a military commission under this chapter may direct.
“(22) SEXUAL ASSAULT OR ABUSE.—Any person subject to this chapter who forcibly or with coercion or threat of force engages in sexual contact with one or more persons, or causes one or more persons to engage in sexual contact, shall be punished as a military commission under this chapter may direct. 
United States, Military Commissions Act, 2009, § 950t(21) and (22).
Uruguay
Uruguay’s Law on Cooperation with the ICC (2006) states:
A person who commits any of the following acts with the intention to destroy in whole or in part a national, ethnic, religious, political, or trade union group or a group with their own identity based on gender, sexual orientation, cultural or social reasons, age, disability or health, is punished with fifteen to thirty years’ imprisonment:
B) … sexual aggression [or] enforced pregnancy … of one or more members of the group.
D) measures intended to prevent births within the group. 
Uruguay, Law on Cooperation with the ICC, 2006, Article 16(B) and (D).
The Law also lists the following crime under the heading “Crimes against Humanity – Isolated Acts”:
Any person who is a State agent or who is not a State agent but acts under the authority, support or acquiescence of one or more State agents and who commits an act of sexual aggression against a person deprived of their liberty or under their custody or control or against a person in their custody or under their control or who appears before authorities as expert witness or other kind of witness must be punished with two to fifteen years’ imprisonment. 
Uruguay, Law on Cooperation with the ICC, 2006, Article 24.
The Law further states:
26.2. Persons and objects affected by the war crimes set out in the present provision are persons and objects which international law protects in international or internal armed conflict.
26.3. The following are war crimes:
30. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization as comprised in Article 24 and as referred to in Article 7, paragraph (g) of the Rome Statute, or any other form of sexual violence also constituting a grave breach of the [1949] Geneva Conventions. 
Uruguay, Law on Cooperation with the ICC, 2006, Articles 26.2 and 26.3.30.
Yugoslavia, Socialist Federal Republic of
The Socialist Federal Republic of Yugoslavia’s Criminal Offences against the Nation and State Act (1945) considers that, during war or enemy occupation, “any person who ordered, assisted or otherwise was the direct executor of … abduction for prostitution, or raping” committed war crimes. 
Yugoslavia, Socialist Federal Republic of, Criminal Offences against the Nation and State Act, 1945, Article 3(3).
Yugoslavia, Socialist Federal Republic of
The Socialist Federal Republic of Yugoslavia Penal Code (1976), as amended in 2001, provides that forced prostitution and rape are war crimes. 
Yugoslavia, Socialist Federal Republic of, Penal Code, 1976, as amended in 2001, Article 142(1).
Bosnia and Herzegovina
In 2006, in the Samardžić case, the Appellate Panel of the Court of Bosnia and Herzegovina stated:
[L]ack of resistance or obvious and constant disagreement throughout the sexual slavery cannot be interpreted as a sign of consent. Neither resistance nor the permanent application of force in itself are required elements of the subject matter of rape. 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Samardžić case, Judgment, 13 December 2006, p. 18.
The Court also stated:
[I]t is necessary to particularly stress that the criminal offence of rape, within the context of Crimes against Humanity, differs considerably in its nature from the general criminal offence of rape … [that requires] corroborating evidence or direct examination of the victim. … [I]n cases of rape in war … the examination of the victims themselves is very often impossible due to objective reasons, as many were killed, were unaccounted for or, quite understandably, were of unknown address. 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Samardžić case, Judgment, 13 December 2006, p. 18.
Bosnia and Herzegovina
In 2007, in the Šimšić case, the Appellate Panel of the Court of Bosnia and Herzegovina stated:
The Court found no grounds for the Defence assertion that … rapes were not accepted as crimes against humanity pursuant to customary international law. To wit, the Court notes that the stated actions are indisputably criminal offences which at the time of war acquire the characteristics and the meaning of war crimes …
Furthermore, the prohibition of rape and [serious sexual assault] during armed conflicts has become a part of customary international law. It gradually emerged from the explicit prohibition of rape referred to in Article 44 of the Lieber Code and the general provisions referred to in Article 4[6] of the [1907 Hague Regulations], which should be interpreted together with the “Martens clause” which is stated in the Preamble of the [referred regulations]. Although the Nuremberg [Tribunal] did not conduct separate criminal prosecutions for rape and sexual assault, rape has been qualified as crime against humanity pursuant to Article II (1) (c) of [Control Council Law No. 10].
The [International Military Tribunal at Tokyo] convicted [Japanese] generals … based on their command responsibility for violations of the laws and customs of war which had been committed by their soldiers in Nanking, which included mass scale rape and sexual assault. The former Japanese Minister of Foreign Affairs … was also convicted of such crimes.
This decision, as well as the decision of the [US Military Commission] in the Yamashita case, in addition to …the fundamental prohibition of “[outrages upon] personal dignity” in common Article [3] [which] has become part of customary international law, have contributed to the development of universally accepted norms of international law which prohibit rape and [serious] sexual assault. These norms are applicable to any armed conflict.
In addition, no international human rights instrument explicitly prohibits rape and other [serious] sexual [assaults] and yet these criminal offences are implicitly prohibited by the provisions protecting the [physical] integrity which [are contained in] all relevant international treaties. The right to physical integrity is a fundamental right which is reflected in national [legislation] and therefore it undoubtedly constitutes part of customary international law. 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Šimšić case, Judgment, 7 August 2007, pp. 47–48.
Bosnia and Herzegovina
In 2007, in the Janković case, the Appellate Panel of the Court of Bosnia and Herzegovina stated with regard to the crime against humanity of rape: “The criminal offence of rape requires the element of sexual penetration to be proven”. 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Janković case, Judgment, 23 October 2007, p. 15.
Canada
In 2009, in the Munyaneza case, Canada’s Superior Court of Québec found a Rwandan national who had been residing in Canada guilty of genocide, crimes against humanity and war crimes committed in Rwanda in 1994. The Court held:
3.2 Genocide
(A) Indictment
[68] The first two counts allege that the accused committed an act of genocide in two ways:
- by the intentional killing of;
- by causing serious bodily or mental harm to;
members of an identifiable group of people, the Tutsi.
[71] The Convention on the Prevention and Punishment of the Crime of Genocide of 1948 (the “1948 Convention”) is the foundation of conventional international law as it pertains to genocide.
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(b) Causing serious bodily or mental harm to members of the group;
[72] This convention was ratified by Canada on September 3, 1952 and by Rwanda on April 26, 1975. It applied to Rwanda in 1994.
[75] Even without that conventional definition, the crime of genocide in 1994 was in contravention of all the peremptory rules of customary international law.
(C) Serious bodily or mental harm
[84] The ICTR and the ICTY agree to include the following acts, in particular, as causing a person serious bodily or mental harm:
- rape;
- sexual violence;
[88] Rape, sexual violence, mutilation and interrogation accompanied by blows or threats are recognized as acts causing serious physical harm.
(E) Act of sexual violence
[94] Rape and sexual violence constitute serious bodily or mental harm to a person and, therefore, be acts constituting genocide if they are committed with the intent to destroy the group to which the victim belongs:
In light of all the evidence before it, the Chamber is satisfied that the acts of rape and sexual violence described above, were committed solely against Tutsi women, many of whom were subjected to the worst public humiliation, mutilated, and raped several times, often in public, in the Bureau Communal premises or in other public places, and often by more than one assailant. These rapes resulted in physical and psychological destruction of Tutsi women, their families and their communities. Sexual violence was an integral part of the process of destruction, specifically targeting Tutsi women and specifically contributing to their destruction and to the destruction of the Tutsi group as a whole.
… Sexual violence was a step in the process of destruction of the Tutsi group – destruction of the spirit, of the will to live, and of life itself.
[95] International jurisprudence, which does not differ from Canadian jurisprudence in this regard, defines sexual violence as “any act of a sexual nature which is committed on a person under circumstances which are coercive”.
[96] The following acts, among others, are considered sexual violence:
(a) forcing a person to undress in public;
(b) sexual penetration;
(c) rape;
(d) sexual molestation.
3.3 Crime against humanity
(A) Indictment
[108] Counts 3 and 4 allege that the accused committed crimes against humanity:
- by intentional killing;
- by the act of sexual violence.
[112] [Canada’s 2000 Crimes Against Humanity and War Crimes] Act confirms a consensus of the League of Nations, prior to 1945, that crimes against humanity were part of customary international law. Killing, sexual violence and the other crimes listed in subsection 6(3) of the Act constituted crimes before 1945 and, therefore, in Rwanda in 1994.
(D) Act of sexual violence
[119] As we have seen, subsection 6(3) of the Act includes sexual violence and inhumane acts as prohibited acts that can constitute a crime against humanity.
[120] They are found in Article 5 of the [1993] ICTY Statute and Article 3 of the [1994] ICTR Statute.
[121] The elements essential to proving an act of sexual violence are the same as those described in the chapter on genocide.
3.4 War crime
(A) Indictment
[129] Counts 5, 6 and 7 allege that the accused committed a war crime by means of:
(a) intentional killing;
(b) an act of sexual violence;
(c) pillage.
(B) War crime
[135] As for customary international law, Article 4 of the ICTR Statute, regarding non-international armed conflicts, provides that it applied on Rwandan territory in 1994 and that the list of war crimes included killing, outrages upon personal dignity, rape and pillage.
(D) Act of sexual violence
[141] It is accepted that an act of sexual violence is part of “inhumane acts”, “outrages upon personal dignity” and “serious bodily or mental harm” as regards the victim.
[142] The elements essential to this offence are the same as those described under genocide and crimes against humanity.
[2087] While an armed national conflict raged in Rwanda between the RAF [Rwandan Armed Forces] and the RPF [Rwandan Patriotic Front], Désiré Munyaneza intentionally killed dozens of people in Butare and the surrounding communes who were not participating directly in the conflict, sexually assaulted dozens of people and looted the homes and businesses of individuals who had nothing to do with the armed conflict.
[2088] In doing so, he committed a war crime according to the Act.
[2089] Désiré Munyaneza is guilty of the seven counts filed against him by the Crown. 
Canada, Superior Court, Criminal Division, Province of Québec, Munyaneza case, Judgment, 22 May 2009, §§ 68, 71–72, 75, 84, 88, 94–96, 108, 112, 119–121, 129, 135, 141–142 and 2087–2089.
[footnotes in original omitted]
Canada
In 2013, in the Peters case, Canada’s Immigration and Refugee Protection Board rejected an immigration request on grounds of complicity in crimes against humanity in Libya. The Board stated:
…[W]hen the conflict began in February 2011 in Libya you were called upon [by Al-Saadi Gaddafi] to provide security services for him in Libya. …
Now, with respect to specific examples of crimes against humanity perpetrated by the Gaddafi regime, there is quite extensive documentary evidence that has been put forward by the Minister, so I’m going to mainly focus on the atrocities committed between February and August 2011, …
We also have reports of the regime … raping women … Reports are … [of] widespread use of rape by Gaddafi forces as part of this attack on civilians particularly in Misrata. 
Canada, Immigration and Refugee Board, Peters case, Record of an Admissibility Hearing under the Immigration and Refugee Protection Act, 29 January 2013, pp. 4 and 13–14.
Canada
In 2013, in the MJS case, Canada’s Federal Court dismissed an appeal against the applicant’s exclusion from refugee protection on grounds of complicity in war crimes and crimes against humanity. The Court stated:
[2] The Refugee Protection Division [the Panel] found that Mr. MJS was excluded from refugee protection under section 98 of the Immigration and Refugee Protection Act … and Article 1F(a) of the United Nations Convention Relating to the Status of Refugees …
IV. Analysis
(a) Did the Panel apply the wrong test to determine the complicity of Mr. MJS?
[22] The Panel also reiterated that Mr. MJS acknowledged in his testimony that he knew of the human rights violations committed by [the Group]. Earlier in its decision, the Panel found that “the documentary evidence clearly demonstrates that [the Group] committed crimes against humanity as well as war crimes in the period 1998 to 2005”, by, for example, … committing widespread rape …
[23] Simply because the Panel stated that some of these crimes had also been committed by [another group] does not detract from the Panel’s conclusion regarding [the Group’s] involvement in these crimes. 
Canada, Federal Court, MJS case, Reasons for Judgment and Judgment, 20 March 2013, §§ 2 and 22–23.
Canada
In 2013, in the Sapkota case, Canada’s Federal Court dismissed a request for review of a decision denying refugee protection to the applicant on grounds of complicity in crimes against humanity in Nepal between 1991 and 2009. While reviewing the submissions of the respondent, Canada’s Minister of Citizenship and Immigration, the Court stated: “The Respondent notes that the Rome Statute of the International Criminal Court … is endorsed in Canada as a source of customary law.” 
Canada, Federal Court, Sapkota case, Reasons for Judgment and Judgment, 15 July 2013, § 28.
China
In its judgment in the Takashi Sakai case in 1946, the War Crimes Military Tribunal of the Chinese Ministry of National Defence found the accused guilty of war crimes and crimes against humanity inasmuch as he had incited or permitted his subordinates to commit, inter alia, acts of rape. 
China, War Crimes Military Tribunal of the Ministry of National Defence, Takashi Sakai case, Judgment, 29 August 1946.
Colombia
In 1995, Colombia’s Constitutional Court held that the prohibitions contained in Article 4(2) of the 1977 Additional Protocol II practically reproduced specific constitutional provisions. 
Colombia, Constitutional Court, Constitutional Case No. C-225/95, Judgment, 18 May 1995.
Colombia
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
Taking into account … the development of customary international humanitarian law applicable in internal armed conflicts, the Constitutional Court notes that the fundamental guarantees stemming from the principle of humanity, some of which have attained ius cogens status, … [include] the prohibition of gender violence, sexual violence, enforced prostitution and indecent assault. 
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment, 25 April 2007, p. 112.
[footnote in original omitted]
Democratic Republic of the Congo
In 2009, in the Basele Lutula and Others case, the Military Garrison Court of Kisangani convicted several Mai-Mai militia members of various crimes, including rape. The Court stated:
B. Simple voluntary beating and wounding (article 46 of the CPO [Penal Code])
Article 46 of the CPO, book II, provides that: “Whoever voluntarily wounds or beats [a person] is liable to punishment of between eight days to six months’ imprisonment and a fine … ”.
It follows from this definition that the following three elements are constitutive of this offence:
- Material elements
- The human nature of the victim
- An element of intent
The material element consists of not only an act, but an act which is material. The act must be positive, not negative, that is, [not] an omission or inaction. The act must also be material such as beating [someone] with one’s hand or foot, or with a weapon or any other object or instrument.
In the present case, by punching … [the victims] and beating [them] with a stick and … a weapon , … because they offered resistance to rape, the defendants Kipeleka Nyembo, Koti Okoke, Osumaka Loleka and Okanga Likunda carried out a material act in its double dimension.
This offence is only punishable if it is committed against living human persons.
Indeed, all the victims are living … human persons who inhabited Lieke, Losole or Likako.
Mens rea is required. The perpetrator must have acted in order to physically harm another person, that is, he must have the intention to wound or to beat, regardless of the means and of the consent or mistake by the victim.
In the present case, the acts of punching and beating with a weapon … and a stick were committed consciously and voluntarily by the defendants against the victims because the latters … offered resistance to rape …
D. Rape by aid of violence (article 170 of the CPO as modified to date)
Article 170 of the CPO, as modified by … [the Law Relative to Sexual Violence (2006)], provides that:
Shall have committed rape, either by aid of violence or grave threats or by coercion against a person, directly or through a third person, or by surprise, psychological pressure, or at the occasion of a coercive environment, or by abusing a person who due to illness, alteration of faculties or any other accidental reason has lost the use of his/her senses, or who has been deprived of them by artifice:
a) any man, whatever his age, who has inserted his sexual organ, however slight, into that of a woman …
It follows from this provision that the commission of this offence requires the following elements to be present:
- material element
- lack of consent
- moral element
The material element consists of a sexual physical penetration, even if slight, of another person. Such penetration must be carried out on any opening of someone else’s body with a sexual purpose.
… [T]here was penetration by the sexual organ of the defendant Basele Lutula, alias Colonel Thoms, on the sexual organ of the victim … [T]his was confirmed by the victim …
Pursuant to the … [1998 ICC] Statute, the victim of the offence can, on this matter, be also a witness of the act.
For rape to be committed, the victim must not have given her consent.
The lack of consent is defined by the means used by the perpetrator … , that is: surprise, psychological pressure, coercion, [and] abuse of a person who has lost her senses due to an illness, a change to her mental faculties or any other accidental cause …
The Public Prosecutor’s Office argue that article 170 of the CPO, as modified and completed to date, provides that rape is committed with violence if it is committed in a coercive environment.
According to Public Prosecutor’s Office, the Larousse pocket dictionary defines “coercion” as a constraint; and “to constrain” means to oblige a person to carry out something unwillingly.
Also according to the Public Prosecutor’s Office, international case-law, in particular case-law from the ICTR with regard to rape, defines coercion as intimidation, blackmail and other forms of violence which exploits fear and desperation (… Akayesu case, … [Judgement], 2 September 1998).
… Pursuant to the Public Prosecutor’s Office, the defendant Basele Lutula, known in all territory of Opala as a serviceman and mainly a Colonel of the FARDC [Armed Forces of the Democratic Republic of the Congo] who had previously arrested the local mayor [chef de groupement] of Yawende … , the father of the victim, and tried to kill him. This would have created an atmosphere of coercion, terror, intimidation [and] threat against … [the mayor’s] family, in whose house the defendant installed himself by force and imposed repeated sexual relations with the girl …
For the Court, … the terror [and] the atmosphere of fear [and] intimidation created by the defendant in Groupement de Yawembe, and mainly the coercive environment created by him during the period when he stayed in the mayor’s house, dismisses … the [alleged] consent by the victim …
The victim did not offer resistance to the … defendant … due to the fear that her father … or herself … would be killed by him. Mens rea is hardly distinguishable from the means used by the perpetrator.
In the present case, the defendant was aware … that his intimidations and threats, as well as the coercive environment created by him, would make it possible for him to achieve his objective, namely, to obtain sexual relations.
E. Crime against humanity [of rape]
[a)] Applicable law
Considering that the Public Prosecutor’s Office upheld the category of crime against humanity by rape provided for and punished by article 7(1)(a)-1 of the … [1998 ICC] Statute … ;
Considering that articles 165 and 169 of the Penal Code provide for and punish the same crime;
Considering that the Democratic Republic of the Congo ratified the … [1998 ICC] Statute through Decree No. 0013/002 of 20 March 2002;
Considering that the … [1998 ICC] Statute punishes war crimes, crimes against humanity and the crime of genocide [which have been committed] since 2002;
Considering the domestic courts have jurisdiction in first place, due to the principle of subsidiarity [complementarity] of the International Criminal Court regarding such courts;
That the International Criminal Court only intervenes under the circumstances provided for in its statute;
Considering that article 215 of the Constitution … (2006) provides that “regularly concluded international treaties and agreements … have a higher authority than laws … ”;
Considering that the … [1998 ICC] Statute, contrary to the statutes of the ad hoc tribunals, namely the ICTR and the ICTY, and [contrary to] … [the Military Penal Code (2002)], is not ambiguous regarding the definition of … terms, in particular “attack”, [and] “widespread or systematic character” …
Considering that the provisions of the … [1998 ICC] Statute on those crimes are soft to the defendants and favourable to the victims;
Considering that in its judgement … RDN No. 086/05, RMP No. 279/2005 of 12 January 2005, the … [Military Garrison Court of Mbandaka], to which [a case on] crimes against humanity had been referred pursuant to article 166 of the Military Penal Code [(2002)], decided to … [apply] the provisions of the … [1998 ICC] Statute because they are not ambiguous;
… [I]n the present case, in view of the above, the Court will apply the relevant essential provisions of the … [1998 ICC] Statute.
b) Merits
Article 7(1) of the … [1998 ICC] Statute defines crimes against humanity as follows: “For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack … ”.
In paragraph 2: “attack directed against any civilian population … means a course of conduct involving … the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack”.
In light of the above, the defendants Kipeleka Nyembo Bumba, alias Kata Moto, Osumaka Loleka, alias Effacer Le Tableau, Okanga Likunde, alias Musique, and Koti Okeke, [alias] Koy Likoloya Ngomba are prosecuted for the crime against humanity of rape.
Elements of the crime:
1. The perpetrator [invaded] the body of the 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.
2. The invasion was committed by force, or by … coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent.
3. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
4. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
… [T]he defendants Kipeleka Nyembo, Osumaka Loleka, Okanga Likunda and Koti Okeke invaded the body of the victims and had sexual intercourses with them by penetrating the genitals of the victims with their male sexual organ.
Considering that the defendants … fired shots into the air and into the ground with weapons of war in the locality of Lieke Lesole in order to intimidate the population;
Considering that the defendants punched, beat with sticks and weapons, and lashed … those men who offered resistance or who were cutting down fruit trees;
Considering that these acts created an atmosphere of fear and panic in the locality, which made all men flee into the forest, creating a coercive environment in the entire locality;
Considering that the jurisprudence of the ad hoc tribunals [and] the doctrine acknowledge that a coercive environment may be sufficient to constitute the use of force;
Considering the high number of victims, namely 31 women, of which 8 were minors, and the fact that the perpetrators acted in group, that is, a group of 4 people with two AK-47 weapons, establish the massive and collective character of the attack;
… [T]he frequency … also characterises a widespread attack … as these rapes were committed for over a day, during the period from 14 to 28 July 2007;
Considering that the quantitative criterion cannot be objectively defined (ICTR, … Kayishema and [Ruzindana case, judgement], … 21 May 1999 … ), the judge … shall assess it.
Considering that population is understood as all the inhabitants of a given geographic area;
That, according to Le Robert micro dictionary, the term “civilian” refers to everything that is not military;
Considering that the term “civilian population” must be interpreted broadly …
That, in the present case, the above-mentioned defendants committed rape against the female population of the locality of Lieke Lesole, sector of Yawenda Loolo, territory of Opa La, district of Tshopo;
Considering that the defendants were part of the group [and] that there was indeed a widespread attack against the population of Lieke Lesole which ended in the rape of 31 women, of which 8 minors;
… [I]t follows from the above that there was intention and knowledge by the defendants, the two elements constitutive of the moral element … as they wanted [to commit] those acts and … they knew that their attack [was] directed against the civilian population. 
Democratic Republic of the Congo, Military Garrison Court of Kisangani, Basele Lutula and Others case, Judgment, 3 June 2009, pp. 16–24.
Democratic Republic of the Congo
In 2010, in the Barnaba Yonga Tshopena case, the Military Garrison Court of Ituri-Bunia convicted a leader of the Front for Patriotic Resistance in Ituri (FRPI) of several war crimes, including rape. The Court stated:
112 … [T]he defendant … is charged with the war crime of rape pursuant to article 8(2)(e)(vi)-1 of the … [1998 ICC] Statute. He is accused of raping civilian women who inhabited Collectivité Chefferie de Nyankunde and Groupement Musedzo in the territory of Irumu or who were present during the successive attacks against those places, respectively on 5 and 12 September 2002, including … [two] victim-witnesses …
113 … [This crime] is provided for in article 8(2)(e)(vi)-1 of the … [1998 ICC] Statute as a serious violation of the laws and customs of war applicable in armed conflicts not of an international character.
114 … [The 2000 ICC] Elements of Crimes specify that the war crime of rape pursuant to article 8(2)(e)(vi)-1 of the … [1998 ICC] Statute requires, in addition to evidence of the existence of a link between the crime and … an armed conflict not of an international character, that the perpetrator was aware of factual circumstances establishing the existence of such conflict, as well as that:
i) the perpetrator invaded the body of the victim 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; ii) this act was committed by force or by threat of force or coercion, such as that caused by threat of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent.
115 … [I]n the present case, there is sufficient evidence to establish substantial grounds to believe that, during and after the attacks carried out by FRPI Ngiti combatants, respectively in Collectivité Chefferie de Nyankunde on 5 September 2002, and Groupement Musedzo on 12 September 2002, the latter indeed committed acts of rape against civilian women who inhabited those places or who were present at the moment of the attacks …
116 … This conclusion is based on the elements of evidence from the statement of the first victim-witness … who, at the time of the facts, was a civilian aged 16 years and inhabited the locality of Lawa in Groupement Musedzo when the attack … of 12 September 2002 by FRPI Ngiti combatants took place. She says that she and another young lady from her village were abducted from Lawa and taken … close to the … residence of the defendant …
117 … [T]his victim-witness states that she was detained for a year and two months in Tsheyi, where she was closely watched. Under threat of death, she became the “wife” of an Ngiti combatant, called Papy, not otherwise identified, who was a guard close to the defendant … During the time when she was held in captivity … , the victim-witness was compelled to live in the same house as such Ngiti combatant … , who repeatedly raped her …
118 … [T]his conduct of rape, [which was] often committed by the FRPI Ngiti combatants, was [also] reported in the statement of the second victim-witness … She stated that she had been successively raped by a group of seven Ngiti combatants in her village of Talolo in Collectivité Chefferie de Nyankunde. Those rapes took place towards the end of 2007, during violent punitive incursions committed against civilian populations in reprisal to the arrest of the defendant … by members of the FARDC [Armed Forces of the Democratic Republic of Congo] a few months earlier, [as the defendant] was the founder and supreme spiritual leader of this political-military movement called FRPI.
119 … [T]he cases of rape attributed to FRPI Ngiti combatants were also mentioned by witness n. 1, who said … that his own daughter, a minor, had also been abducted and subjected to acts of sexual violence by FRPI Ngiti combatants with the support, authorization and/or blessing of the leaders of this political-military movement, including the defendant. 
Democratic Republic of the Congo, Military Garrison Court of Ituri-Bunia, Barnaba Yonga Tshopena case, Judgment, 9 July 2010, §§ 112–119.
Regarding the applicable law, the Court stated:
[T]he constitutional provisions of the Democratic Republic of the Congo, namely articles 153(4) and 215 of 18 February 2006 [Constitution (2006)], authorize both civil and military courts and tribunals to apply duly ratified international agreements and treaties, and give them higher authority than domestic legislation. This constitutional authorization combined with the self-executing nature of the … [1998 ICC] Statute justify the direct application of this treaty by Congolese courts and tribunals. 
Democratic Republic of the Congo, Military Garrison Court of Ituri-Bunia, Barnaba Yonga Tshopena case, Judgment, 9 July 2010, § 63.
Germany
In 2010, in the Democratic Forces for the Liberation of Rwanda case, the Federal Prosecutor General at Germany’s Federal Court of Justice issued a press release, which stated:
On 8 December 2010, the Federal Prosecutor General brought charges before the Senate on State Protection of the Higher Regional Court Stuttgart against:
- the 47-year-old Rwandese national Dr. Ignace M. and
- the 49-year-old Rwandese national Straton M.
for crimes against humanity and war crimes …
In the charges, which have now been delivered and which are the first ones brought under the International Crimes Code, essentially the following facts are set out:
The … [Democratic Forces for the Liberation of Rwanda (FDLR)] … is a rebel group mainly comprised of members of the ethnic Hutu group and was originally founded by individuals responsible for the genocide of the Tutsi who had fled from Rwanda in 1994. Its operational base is in the Eastern Democratic Republic of Congo [DRC]. …
The accused Dr. Ignace M. has been president of the FDLR since December 2001. The accused Straton M. has been its first vice president since June 2004. Until their arrest in Germany on 17 November 2009, both accused steered the FDLR’s conduct, strategies and tactics from Germany together with Calixte M., who is residing in France and who has since been detained by the International Criminal Court in The Hague. Thus, they could have prevented the systematic commission of violent acts against the civilian population by the FDLR’s militiamen, which were part of the organisation’s strategy. Specifically, the accused are responsible for 26 crimes against humanity and 39 war crimes, which the militiamen under their control committed in the Democratic Republic of Congo between January 2009 and 17 November 2009. These crimes inter alia include … the rape of numerous women. 
Germany, Federal Prosecutor General, Democratic Forces for the Liberation of Rwanda case, Press release, 17 December 2010.
Charges:
1. Between April and July 1994, in the Kagarama sector in the Commune of Kicukiro, Prefecture of Kigali City (PVK) Préfecture de la Ville de Kigali, in the Republic of Rwanda, as either the perpetrator or accomplice, committed offences constituting the crime of genocide as provided for in the Convention [on the Prevention and Punishment of the Crime of Genocide] of 09/12/1948 ratified by Rwanda on 12/02/1975 with Decree No. 08/75, with these offences punishable under Organic Law No. 08/96 of 30/08/1996 [on the organization of prosecutions for offences constituting the crime of genocide or crimes against humanity committed since 1 October 1990].
5. Committing acts of sexual torture and raping Tutsi women, with these offences contained in and punishable under Article 360, second and third of the Rwandan Penal Code and Articles 2a and 14a of Organic Law No. 08/96.
6. Complicity in acts of sexual torture and in the rape of Tutsi women, with this offence being contained in and punishable under Articles 3, 2a and 14a of Organic Law No. 08/96 of 30/08/96 [on the organization of prosecutions for offences constituting the crime of genocide or crimes against humanity committed since 1 October 1990] and by Articles 89, 91,1° and 360 of the Rwandan Penal Code.
Considering that the Military Prosecutor would like the statements of certain witnesses to be received in closed session, particularly those people who are victims of rape;
Considering that counsel for the defence is opposed to the requested closed session, arguing that the Chief Warrant Officer publicly acknowledges that he raped certain women;
Considering that the Military Prosecutor states that he is requesting the closed session for the charge of complicity in sexual torture;
Considering that counsel for the defence wishes for his client to be granted permission to make his statements publicly because the defendant has decided to speak the truth;
Considering that the Military Prosecutor states that the case file contains a document containing the names of the women affected and that an extract of this document has been reserved for journalists, and so he asks the War Council consider the advisability of a closed session;
Considering that the bench withdrew to deliberate the petitions of the two parties;
Considering that, after the deliberations, the War Council found that the witness has the right to make a statement in closed sessions;
Considering that the Military Prosecutor wishes for the hearing of the … witness known as [DR] to take place;
Considering that [DR] … was born in 1980 … ;
Considering that when asked whether she had heard the Interahamwe say they were sent by Chief Warrant Officer Rwahama, [DR] replied that she learnt this later when Rwahama asked them if the Interahamwe he had sent had raped either of them, then [LN] admitted to having been raped;
United States of America
In its judgment in the John Schultz case in 1952, the US Court of Military Appeals listed rape as a “crime universally recognized as properly punishable under the law of war”. 
United States, Court of Military Appeals, John Schultz case, Judgment, 5 August 1952.
United States of America
In the civil action brought against Radovan Karadžić in the United States in 1995, a US Court of Appeals held that rape committed in the course of hostilities violated the laws of war and was a war crime. 
United States, Court of Appeals for the Second Circuit, Karadžić case, Decision, 13 October 1995.
United States of America
In its memorandum opinion concerning the admissibility of the claim in the Comfort Women case in 2001, the US District Court of Columbia stated: “Japan’s use of its war-time military to impose ‘a premeditated master plan’ of sexual slavery upon the women of occupied Asian countries might be characterized properly as a war crime or a crime against humanity.” 
United States, District Court of Columbia, Comfort Women case, Memorandum Opinion and Judgment, 4 October 2001.
Australia
In response to a report by the Australian Joint Standing Committee on Foreign Affairs, Defence and Trade, which recommended that the Australian Government establish a mechanism for investigating and identifying those responsible for serious crimes, including rape, committed in the former Yugoslavia, the Australian Government replied that this mechanism was already in place subsequent to the enactment of the International War Crimes Tribunal Act of 1995. 
Australia, Department of Foreign Affairs and Trade, Legal Office, Australian Practice in International Law, 1995, Chapter XII, reprinted in Australian Yearbook of International Law, 1996, pp. 626–628.
Australia
In 2009, in a statement before the UN Human Rights Council, the permanent representative of Australia stated:
The recent mass rape of around 500 women, children and men in eastern DRC [Democratic Republic of the Congo] is of deep concern to Australia. Sexual violence is being used as a weapon of war. All parties to the conflict have a responsibility to prevent such attacks. 
Australia, Statement before the UN Human Rights Council on Human Rights Situations Requiring the Council’s Attention, 17 September 2010.
Australia
In 2010, in a statement before the UN Human Rights Council on the Democratic Republic of the Congo (DRC), the representative of Australia stated: “Australia shares the Experts’ alarm over levels of violence perpetrated against women in the DRC, in particular rape, gang rape and sexual slavery”. 
Australia, Statement before the UN Human Rights Council, 13th Regular Session, Interactive Dialogue with Experts on the Situation in the Democratic Republic of the Congo, 24 March 2010.
Australia
In 2010, in a statement before the UN Human Rights Council Periodic Review on Kenya, the representative of Australia stated: “We are concerned that children continue to be subject to sexual violence”. 
Australia, Statement before the UN Human Rights Council Periodic Review on Kenya, 6 May 2010.
Belgium
In 2007, during a debate in the UN Security Council on the protection of civilians in armed conflict, the representative of Belgium stated:
… Belgium attaches particular importance to the fight against violence, especially sexual violence against women and minor children. We have noted how such acts of violence become true instruments of war in a number of conflict situations. It is imperative not only to eradicate such practices but also to prevent them. 
Belgium, Statement by the permanent representative of Belgium before the UN Security Council, 22 June 2007, p. 26.
Belgium
In 2007, during a debate in the UN Security Council on the protection of civilians in armed conflict, the representative of Belgium stated: “The growing scourge of sexual violence, in particular in situations of armed conflict … is particularly repugnant when used as a weapon of war.” 
Belgium, Statement by the permanent representative of Belgium before the UN Security Council, 20 November 2007, p. 8.
Canada
In 2005, in a statement before the UN Commission on Human Rights on the human rights situation in Sudan, made on behalf of Canada, Australia and New Zealand, the representative of Canada stated: “To our dismay, serious abuses of human rights and international humanitarian law have become commonplace in Darfur, including sexual violence against women and girls.” 
Canada, Statement by the representative of Canada to the UN Commission on Human Rights on the human rights situation in Sudan, made on behalf of Canada, Australia and New Zealand, 2005, p. 1.
Canada
In 2011, in an address to the House of Commons on the situation in Libya, Canada’s Minister of Foreign Affairs stated:
Canada has been vocal in condemning the targeting of civilians by the Qadhafi regime, and the impact of that regime’s actions on the hundreds of thousands of people who have been trapped in Libya or forced to flee its borders … In the face of this blatant disregard for both human rights and international law, Canada has demanded that the regime halt its attacks against its own people and that perpetrators of crimes are brought to justice. We have been particularly disgusted by abhorrent reports [of] torture and sexual violence as weapons against the Libyan population. Such actions are international crimes and may be war crimes or crimes against humanity. Canada calls for a full and impartial investigation of these allegations so that the perpetrators can be brought to justice. 
Canada, House of Commons, Address by the Minister of Foreign Affairs to the House of Commons on the situation in Libya, 14 June 2011.
Canada
In 2011, in a statement before the UN Security Council during a meeting on the protection of civilians in armed conflict, the deputy permanent representative of Canada stated:
Violations of human rights and international humanitarian law, including rape as a weapon of war and other acts of sexual violence, continue to occur at an alarming rate …
[W]e must be persistent in denouncing violence directed against women and girls such as sexual violence, including rape as a weapon of war, sexual slavery, enforced prostitution, forced pregnancy and enforced sterilization. 
Canada, Statement by the deputy permanent representative of Canada during a UN Security Council meeting on the protection of civilians in armed conflict, 9 November 2011.
Canada
In 2012, in a statement before the UN Security Council during an open debate on women, peace and security, the deputy permanent representative of Canada stated: “Canada strongly supports the [UN] Security Council’s recognition of the need to take effective measures to prevent and respond to conflict-related sexual violence, including rape as a weapon of war.” 
Canada, Statement by the deputy permanent representative of Canada during a UN Security Council open debate on women, peace and security, 23 February 2012.
Canada
In 2012, in a statement before the UN Security Council during an open debate in connection with the agenda item “Children and Armed Conflict”, the permanent representative of Canada stated: “This year’s Secretary General’s report continues to document grave violations and abuses being committed against girls and boys – including … rape as a weapon of war … These despicable actions must be stopped”. 
Canada, Statement by the permanent representative of Canada during a UN Security Council open debate in connection with the agenda item “Children and Armed Conflict”, 19 September 2012, p. 2.
Canada
In 2012, in a statement on the strengthening of the coordination of humanitarian and disaster relief assistance of the United Nations, the permanent representative of Canada stated: “[Our continued engagement is required by] the protection needs of women and girls, who continue to be victims of sexual violence such as rape as a weapon of war.” 
Canada, Statement by the permanent representative of Canada on the strengthening of the coordination of humanitarian and disaster relief assistance of the United Nations, 13 December 2012.
Canada
In 2013, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, the deputy permanent representative of Canada stated:
The conflict in Syria continues to take a terrible toll on the civilian population … [T]here are disturbing reports of cases of rape and other forms of sexual violence … The appalling effect of violence and conflict on women and children, including the prevalence of rape as a weapon of war … requires our urgent attention. 
Canada, Statement by the deputy permanent representative of Canada during a UN Security Council open debate on the protection of civilians in armed conflict, 12 February 2013.
Canada
In 2013, in a statement before the UN Security Council during an open debate on women, peace and security, the permanent representative of Canada stated:
Conflict-related sexual violence is of great concern to Canada … Because of its devastating and enduring effects on the women and girls who are subjected to these crimes, as well as to their families and communities, rape and other forms of sexual violence remain a huge barrier to peace, security and development. 
Canada, Statement by the permanent representative of Canada during a UN Security Council open debate on women, peace and security, 17 April 2013, p. 1.
Canada
In 2013, in a statement before the UN Security Council during an open debate on women, peace and security, the permanent representative of Canada stated:
Canada wishes to thank the UK for holding this Open Debate on the prevention of conflict-related sexual violence, an issue of great importance to Canada as it includes the despicable acts of rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and any other form of sexual violence of comparable gravity. The acts are deplorable, prohibited by international law, and constitute an impediment to conflict resolution, development, and transition to peace and democracy.
The recent report by the [UN] Secretary General details the global scope of conflict-related sexual violence including many instances of early and forced marriage of women and girls. Canada is gravely concerned with reports of forced marriage, rape and sexual slavery. Canada condemns the early and forced marriage of women and girls in all situations, including the practice of forcing rape victims to marry their perpetrators or other family members. We welcome the efforts of the Secretary General to bring much-needed attention to the practice of early and forced marriage in the context of armed conflict.
Primary responsibility for the prevention of sexual violence in conflict lies with national governments as well as with the leadership of non-state armed groups. Where these leaders fail to respond to sexual violence, or are party to the crimes, they must be held to account. Often, however, governments lack the capacity to respond adequately. Conflict significantly weakens national justice systems, resulting in a limited number of perpetrators facing justice. In such cases, member states could request the assistance of trained experts for investigations and prosecutions and to strengthen the capacity of local law enforcement.
Further action at the international level is imperative to end sexual violence in conflict, to tackle the lack of accountability that exists for these crimes and to provide comprehensive support services to survivors.
For its part, Canada is active in the prevention and response to sexual violence in conflict. For example, Canada is contributing 18.5 million dollars to the UNDP to support the fight against sexual violence in the DRC conflict. In addition, at the London launch of the G8 Declaration on Preventing Sexual Violence in Conflict, Canada announced an additional 5 million dollar contribution to international efforts to be programmed this year. Canada urges all member states to join international efforts and we look forward to working together to stop sexual violence. 
Canada, Statement by the permanent representative of Canada during a UN Security Council open debate on women, peace and security, 24 June 2013, p. 1.
Canada
In 2013, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, the permanent representative of Canada stated:
Women and girls around the world continue to be victims of sexual violence in armed conflict situations. We must therefore persist in working to prevent sexual violence, such as rape as a weapon of war, sexual slavery, enforced prostitution, forced pregnancy, forced abortion, and enforced sterilization. 
Canada, Statement by the permanent representative of Canada during a UN Security Council open debate on the protection of civilians in armed conflict, 19 August 2013, p. 1.
Canada
In 2013, in a statement during the 68th Session of the UN General Assembly, Canada’s Minister of Foreign Affairs stated: “In the context of war, rape and serious sexual violence are war crimes.” 
Canada, Address by the Minister of Foreign Affairs during the 68th Session of the UN General Assembly, 30 September 2013.
[END DATE]
Canada
In 2013, in a statement before the UN Security Council during an open debate on women, peace and security, the deputy permanent representative of Canada stated:
Particularly egregious is the practice of child, early and forced marriage, which puts the very lives of young girls at risk … Conflict situations exacerbate this practice among displaced and refugee populations …
Under Canada’s leadership, the Human Rights Council adopted a robust resolution this past June on the Elimination of Violence against Women. The resolution lays out actions to be undertaken by member states and the UN to prevent sexual violence, including in conflict-related situations …
Canada joined 112 other Member States in September to launch the Declaration of Commitment to End Sexual Violence in Conflict – endorsements to this Declaration ha[ve] now grown to an impressive 134 states.
Canada and others are working with partners in the field to assist in the empowerment of women in conflict-related situations, prevent and respond to sexual violence, and hold perpetrators to account. For example, in the Democratic Republic of Congo, Canada assists survivors of sexual violence and brings those responsible to justice. 
Canada, Statement by the deputy permanent representative of Canada during a UN Security Council open debate on women, peace and security, 18 October 2013.
Canada
In 2013, Canada’s Department of Foreign Affairs, Trade and Development issued a press release entitled “Statement from Minister Paradis: International Day for the Elimination of Violence Against Women”, which stated:
Violence against women also includes rape as a tactic of war during or after armed conflicts. Between 250,000 and 500,000 women were raped during the 1994 genocide in Rwanda; between 20,000 and 50,000 women were raped during the conflict in Bosnia in the early 1990s. Most recently, we have seen examples of this in Syria. 
Canada, Department of Foreign Affairs, Trade and Development, “Statement from Minister Paradis: International Day for the Elimination of Violence Against Women”, Press Release, 25 November 2013.
Chad
In 2007, in its initial report to the Committee against Torture, Chad stated:
Harmful traditional practices and the lessons drawn from the torture practised by President Habré’s political police, which spared no organ of the human body, were the inspiration for the promulgation of Act No. 6/PR/2002 of 15 April 2002 on the promotion of reproductive health, article 9 of which states that:
All persons have the right not to be subjected to torture and to cruel, inhuman and degrading treatment of their body in general and of their reproductive organs in particular. All forms of violence such as female genital mutilation (FGM), early marriage, domestic violence and sexual abuse of a human being are prohibited. 
Chad, Initial report to the Committee against Torture, 22 September 2008, UN Doc. CAT/C/TCD/1, submitted 4 September 2007, § 65.
China
At the 2006 Session of the UN Special Committee on Peacekeeping Operations, China stated:
The scandals in peacekeeping procurement and cases of sexual exploitation and sexual abuse involving peacekeepers that have come to light in recent years not only greatly damaged the overall image of UN peacekeeping operation, but also revealed gross deficiencies in the internal management of the UN. The Secretariat, senior management in particular, should draw lessons therefrom. It is necessary not only to strictly discipline persons responsible, but also to carry out reform at the system level with a view to improving management so as to ensure the proper ethics and behavior of peacekeepers, address such incidents appropriately and prevent them from recurrence. 
China, Statement at the 2006 Session of the UN Special Committee on Peacekeeping Operations, 27 February 2006.
Côte d’Ivoire
In 2010, in its combined initial to third periodic reports to the Committee on the Elimination of Discrimination against Women, Côte d’Ivoire stated:
Acts of discrimination occurring as a result of social and political crises
72. Social and political crises, in particular the one in 2002, have exacerbated violence against women, in particular sexual violence. This violence is perpetrated by armed groups, who use it as [a] weapon of war.
Situation of displaced, migrant or refugee women
548. The war has led to numerous acts of sexual violence, psychological trauma and lasting physical injuries. 
Côte d’Ivoire, Combined initial to third periodic reports to the Committee on the Elimination of Discrimination against Women, 18 October 2010, UN Doc. CEDAW/C/CIV/1-3, submitted 7 September 2010, §§ 72 and 548.
Côte d’Ivoire also stated: “Regarding violence against women, there are general provisions in the … [Penal] Code [as amended (1981)] that punish … rape”. 
Côte d’Ivoire, Combined initial to third periodic reports to the Committee on the Elimination of Discrimination against Women, 18 October 2010, UN Doc. CEDAW/C/CIV/1-3, submitted 7 September 2010, § 265.
Democratic Republic of the Congo
In 2005, in its third periodic report to the Human Rights Committee, the Democratic Republic of the Congo stated:
88. Mass rape in the east of the Democratic Republic of the Congo during the war has led to increased awareness in the country.
89. In the context of prevention of and efforts to combat violence against women, information and awareness campaigns are conducted by public institutions and non-governmental organizations for the public and officials in judicial institutions. Thus, the Government, through the Ministries of Human Rights and Social Affairs, Status of Women and the Family, organized a national human rights conference in 2001 and a women’s forum in 2003. In coordination with civil society organizations it launched a national campaign against sexual violence against women and is involved in efforts to combat such violence (Ministry of Social Affairs, Status of Women and the Family, national report of the Democratic Republic of the Congo on review and implementation of the Beijing Platform for Action +10, Kinshasa, February 2004, pp. 5 and 11).
90. Since 2003 the Ministries of Social Affairs, Status of Women and the Family, and of Justice and Human Rights, have taken part in the initiative on efforts to combat rape and violence against women. In this connection the Ministry of Justice organizes retraining throughout the country for judges, supplemented by seminars by non-governmental organizations in the justice sector, with specific pedagogical support.
91. After a lengthy period of inactivity, owing to the protracted war, which lasted from 1998 to 2003, legal proceedings are being undertaken in various parts of the country (e.g. at Kalemie, March 2004, against police officers). 
Democratic Republic of the Congo, Third periodic report to the Human Rights Committee, UN Doc. CCPR/C/COD/2005/3, 3 May 2005, §§ 88–91.
Democratic Republic of the Congo
In 2007, in its second periodic report to the Committee on the Rights of the Child, the Democratic Republic of the Congo stated:
157. Sexual violence is also a very disturbing trend which especially affects women and girls. During the war, it took on barbaric forms, in that it involved mainly members of armed forces and groups, but it is now increasingly committed by civilians. Since mid-2005, more than 30,000 victims of sexual violence have been reported nationwide. Between the start of 2005 and January, 2006, a health service centre in North Kivu counted 174 cases of rape, 80 per cent of which pertained to girls. In June, 2006, 14 cases of sexual violence committed in the territory of Mueneditu were reported by the divisional head of the Ministry on the Status of Women and the Family.
158. With a view to preventing and severely punishing violations involving this type of violence while at the same time ensuring systematic care for victims, … [the Law Relative to Sexual Violence (2006)] and [Act] No. 06/019 of 20 July 2006 were adopted to take more vigorous action against sexual violence. They amend, respectively, provisions of the Penal Code and the Code of Criminal Procedure.
159 … [The Law Relative to Sexual Violence (2006)] strengthens penalties for rape and criminalizes other forms of anti-social behaviour which had heretofore gone unpunished. Certain violations were drawn from the [1998 ICC] Statute … , others from the [2000] Optional Protocol … on … [Child Trade], … [P]rostitution and … [P]ornography.
160. Thus, the definition of rape now encompasses several situations which had heretofore been characterized simply as indecent assault. Mention should be made of the following new offenses: corruption of a minor, forced prostitution, sexual harassment, … forced marriage, genital mutilation, bestiality, intentional transmission of incurable sexually transmitted diseases, … forced pregnancy, forced sterilization, child pornography, child prostitution.
161. Act No. 0619 provides for an expedited procedure for investigation and trial of sexual violence cases …
166. Following the awareness-raising efforts concerning the fight against sexual violence, the adoption of these laws, and dissemination of information about them among the public, the perpetrators of rape and other sex offenses are being prosecuted and convicted, especially in military jurisdictions. Among the cases decided, the following are noteworthy:
- RP 086/005 - RP101/006, of 20 June 2006, a judgment handed down by the military tribunal of the garrison of Mbandaka (Equateur Province) against nine soldiers found guilty, in particular, of rape of 46 persons in Bokala, and who were sentenced for crimes against humanity to penal servitude for life, based on articles 7, 9, 21, 25, 31, 32, 33 and 37 of the [1998 ICC] Statute … ;
- RP 084/2005 of 12 April 2006, a judgment handed down by the military tribunal of Mbandaka against 12 soldiers prosecuted for the rape of 31 persons in Songo Mboyo and sentenced to penal servitude for life, based on the [1998 ICC] Statute … ;
- RP 011/05 of 26 October 2005, a judgment handed down by the military tribunal of the garrison of Kindu, in Maniema Province, against two Mai-Mai militia members who committed acts of rape and sexual slavery against four women in the locality of Kimanda, and who were sentenced to death based on articles 5, 6, 165, 169 (7) and 172 of the Military Penal Code [(2002)].
167. Also noteworthy is the conviction of two soldiers to 10 years’ penal servitude for the rape, respectively, of a 5-year-old girl and a 13-year-old girl, by the military tribunal of the garrison of Kalemie (Katanga Province) in May, 2006. 
Democratic Republic of the Congo, Second periodic report to the Committee on the Rights of the Child, 24 July 2008, UN Doc. CRC/C/COD/2, submitted 23 October 2007, §§ 157–161 and 166–167.
Democratic Republic of the Congo
In 2008, a training manual by the Prosecutor at the Military High Court for magistrates on techniques for investigating sexual crimes, including war crimes, was adopted as part of the Programme on Investigating Sexual Crimes of the Democratic Republic of the Congo. The training manual states:
Rape and other forms of sexual violence are often perpetrated in times of war …
Historically, sexual violence in times of armed conflict was considered to be an unavoidable component of war. It was unfortunately not treated as a war crime …
Sexual violence committed in the context of an armed conflict has been very recently considered to require a particular legal treatment and special methods of investigation. The reason is that the victims tend to hesitate to make themselves known due to fear of stigmatization, rejection or reprisals. The other challenge is the scale of these crimes and the difficulty of establishing a connection between the direct perpetrators and the political or military leaders.
The general outcry caused by the use of rape as a weapon of war in former Yugoslavia and the generalization of such practices in the Rwandese genocide of 1991 led the ICTY and the ICTR to give crimes of sexual violence the same status of other international crimes.
… Sexual violence constitutes both a huge problem of public health and serious human rights violations.
[Sexual violence constitutes a] violation of the [following] fundamental rights of the victims:
a. right to life;
b. right to health;
c. right to physical integrity;
d. right to dignity. 
Democratic Republic of the Congo, Training manual by the Prosecutor at the Military High Court for magistrates on techniques for investigating sexual crimes, adopted as part of the Programme on Investigating Sexual Crimes of the Democratic Republic of the Congo, Military Justice seminar, 2008, pp. 43, 46 and 50.
Regarding the assessment of the consent by a victim of sexual violence, the training manual states:
a. the consent cannot, in any case, be inferred from the words and conduct of the victim when his or her faculty to freely give a genuine consent has been affected by the use of force, threat or constraint, or … [by] a coercive environment;
b. the consent cannot, in any case, be inferred from the words and conduct of the victim when he or she is unable to give a genuine consent;
c. the consent cannot, in any case, be inferred from the silence or lack of resistance by the victims of alleged sexual violence;
d. the credible or honourable nature of a victim or a witness, as well as his or her sexual availability, cannot, in any case, be inferred from his or her previous or later sexual behaviour. 
Democratic Republic of the Congo, Training manual by the Prosecutor at the Military High Court for magistrates on techniques for investigating sexual crimes, adopted as part of the Programme on Investigating Sexual Crimes of the Democratic Republic of the Congo, Military Justice seminar, 2008, p. 61.
The training manual further states:
The prosecution of sexual offences
2. The concept of sexual offences
… [S]exual offences mean any offences related to the various forms of sexual violence …
Sexual violence is defined as an act, a tentative, a commentary or any other act of a sexual character, with or without physical contact, committed by an individual without the consent of the person addressed, or in certain cases, in particular where the victim is a child, with the use of emotional manipulation or blackmail.
Thus, [sexual violence] refers to a situation where sexual services are obtained through the use of force, moral or physical coercion, or even threats.
A. The prosecution of sexual offences under Congolese law …
In our country, sexual offences … are prosecuted and punished based on … [the Law Relative to Sexual Violence (2006)]. The application of such law was reinforced by Law No. 06/019 of 20 July 2006 modifying and completing the Decree of 6 August 1959 on the Congolese Code of Procedure, which was enacted in the same context and regulate the procedure to be followed in the prosecution of such offences.
Before the promulgation of these two laws, on 20 July 2006, the prosecution of sexual offences was carried out within the framework of the Decree of 30 January 1940 on the Congolese Penal Code, in particular article 170 on rape, and articles 168 and 167 on indecent assault attentat à la pudeur and attentat aux moeurs, respectively].
The applicable procedure was provided for in the Decree of 6 August 1959 on the Congolese Code of Procedure.
The insufficiencies of these two decrees, with regard to both substance and procedure, motivated the reform of 20 July 2006.
… [Law Relative to Sexual Violence (2006)]
This law … brought new definitions of rape and indecent assault [attentat à la pudeur and attentat aux moeurs, and incorporated offences from international humanitarian law. [It provides for:]
1. Rape
Other than the penetration of the vagina of a woman with the sexual organ of a man, the new version of article 170 extends rape to the following acts:
- the penetration of a woman’s sexual organ with any object other than the sexual organ of a man;
- the penetration of any orifice in the body of a woman other than the vagina, in particular the anus or mouth, with a sexual organ or any other object;
The perpetrator or the victim of rape may be a man or a woman.
Article 171 provides that the following circumstances aggravate the crime of rape:
- cases of captive victims [raped by] their guards or [victims who] live with a handicap;
- [cases] where the rape is committed in public or with the use of a weapon.
2. Indecent assault [articles 168 and 168]
3. Debauching of minors and procuring … (articles 172, 173, 174 and 174b)
4. Enforced prostitution (article 174c)
5. Sexual harassment (article 174d)
7. Forced marriage (article 174f)
8. Sexual mutilation (article 174g)
9. Intentional transmission of incurable sexually transmitted infections (article 174i)
12. Forced pregnancy (article 174k)
13. Enforced sterilization (article 174l)
14. Child pornography (article 174m)
15. Child prostitution (article 174n)
B. The prosecution of sexual offences as international crimes
In our country, the prosecution of such offences are based in two legal instruments, namely, the … [1998 ICC] Statute and the Military Penal Code [(2002)].
The … [1998 ICC] Statute provides for sexual offences among other human rights violations which constitute crimes against humanity and war crimes.
In article 8, the Statute defines war crimes as breaches of the 1949 Geneva Conventions … , namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: “rape, … enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions”.
It is important to note that article 153(4) of the Constitution … [(2006)] allows civil and military courts and tribunals to apply duly ratified international treaties … [T]he ratification of the Statute was authorised by Decree-Law No. 013/2002 of 3 March 2002.
This is the framework within which the Military Garrison Court of Mbadaka, in 2006, applied the … [1998 ICC] Statute regarding sexual violence in a case where certain servicemen in rebellion in the locality of Songo Mboyo, in the Province of Équateur, committed mass or collective rapes against women in 2003.
The Military Penal Code [(2002)] treats sexual offences as crimes against humanity and punishes them in article 169, which states that
any of the following acts, perpetrated as part of a widespread or systematic attack knowingly directed against the Republic or the civilian population, equally constitutes a crime against humanity and is punished by death, whether committed in time of peace or in time of war: … rape, … enforced prostitution, forced pregnancy, enforced sterilization, and other forms of sexual violence of comparable gravity.
Conclusion
Our country has nowadays an appropriate and up-to-date legislation for the prosecution and punishment of sexual offences.  
Democratic Republic of the Congo, Training manual by the Prosecutor at the Military High Court for magistrates on techniques for investigating sexual crimes, adopted as part of the Programme on Investigating Sexual Crimes of the Democratic Republic of the Congo, Military Justice seminar, 2008, pp. 66–69, 71–72 and 75.
Djibouti
In 2010, in the History and Geography Textbook for 8th Grade, Djibouti’s Ministry of National Education and Higher Education, under the heading “Basic rules of IHL” and in a section on “Treatment”, stated: “Sexual violence is prohibited.” 
Djibouti, Ministry of National Education and Higher Education, History and Geography Textbook for 8th Grade, 2010, p. 194.
In an exercise asking students to identify IHL violations, the ministry provided the following example: “Girls that have been raped have now children who do not have a father. It is a crime that will never be resolved.” 
Djibouti, Ministry of National Education and Higher Education, History and Geography Textbook for 8th Grade, 2010, p. 200.
Djibouti
In 2011, in the History and Geography Textbook for 9th Grade, Djibouti’s Ministry of National Education and Vocational Training, under the heading “[O]ffences related to violations of humanitarian law”, listed “[r]ape, sexual slavery, enforced prostitution, forced pregnancy or all other forms of sexual violence”. 
Djibouti, Ministry of National Education and Vocational Training, History and Geography Textbook for 9th Grade, 2011, p. 210.
Under the heading “Codes and wisdom”, the ministry also states: “One does not rape women.” 
Djibouti, Ministry of National Education and Vocational Training, History and Geography Textbook for 9th Grade, 2011, p. 214.
Under the heading “Ethics of Debne warriors” [inhabitants of the Dikhil region in Djibouti], the ministry further stated: “Never rape a woman, irrespective of whether she is married.” 
Djibouti, Ministry of National Education and Vocational Training, History and Geography Textbook for 9th Grade, 2011, p. 231.
France
In 2008, the Minister of Foreign and European Affairs of France stated:
[The UN Security Council] Working Group [on Children and Armed Conflict] … considers and formulates recommendations concerning … grave violations of children’s rights, including sexual violence. During a visit to the Democratic Republic of the Congo last month, I was able to see on the ground the seriousness and extent of the widespread, systematic and premeditated use of sexual crime as an instrument of war. That barbarity concerns us all. There, too, our failure to act would be reprehensible. I welcome the fact that the Constitution of the Democratic Republic of the Congo recognizes this as the most serious crime.
The Council’s Working Group must absolutely strengthen its action on this question. In its recommendations it must demand that the belligerents draw up action plans to combat sexual violence and follow through on their implementation.
Some might find it paradoxical that we ask the belligerents themselves to combat these crimes, but it is essential. At the same time, the military leadership must bear this in mind. It may be a paradox, it may even seem immoral, but it is effective.
The Working Group should strengthen its efforts to combat impunity by relentlessly demanding the arrest of those responsible for rape and call on Governments to act in this regard. 
France, Statement by the Minister of Foreign and European Affairs on “Children and Armed Conflict” before the UN Security Council, 12 February 2008, p. 23.
France
In 2009, in a statement calling for the respect of international humanitarian law, which provided examples of serious violations that had recently occurred in several armed conflicts around the world, the Minister of Foreign and European Affairs of France stated:
Children, some less than 10 years old, are enlisted … as sex slaves.
In various conflicts, rape is increasingly being used in a systematic, planned and large-scale manner; in short, it is used as a genuine weapon of war, whether in the Kivus or in Sudan, with almost total impunity. In the Democratic Republic of Congo, a woman is raped every 30 minutes; 30,000 were raped in the Kivus in the first half of 2007.  
France, Minister of Foreign and European Affairs, “The Savaging of Humanitarian Law”, New York Times, 28 January 2009, p. 2.
Germany
In 1991, three political parties in the German parliament tabled a resolution that referred to rape as a crime in the context of the Sudanese civil war. 
Germany, Lower House of Parliament, Proposal by the CDU/CSU and FDP, Entwicklungspolitische Chancen in Umbruchsituationen nutzen – entwicklungspolitische Herausforderungen an den Beispielen Äthiopien einschließlich Eritrea, Somalia, Sudan und Angola, BT-Drucksache 12/1814, 11 December 1991, p. 4.
Germany
In 1992, in a written reply to questions in parliament concerning the systematic rape of Muslim women and girls by Serb forces in Bosnia and Herzegovina, the German Government stated that it had made “vigorous and repeated representations to the ‘Yugoslav’ government, both bilaterally and within the framework of the European Community, in connection with these rapes and other grave human rights violations”. It reaffirmed that rape was “already prohibited in armed conflict and deemed a war crime under the existing provisions of international humanitarian law” and cited Article 27 of the 1949 Geneva Convention IV and Article 4(2)(e) of the 1977 Additional Protocol II in support of its position. The Government further stated: “Should the reports of systematic mass rape of predominantly Muslim women and girls be confirmed, this would, moreover, meet the statutory definition for systematic harm to an ethnical group within the meaning of the 1948 Genocide Convention.” 
Germany, Lower House of Parliament, Answer by the government to questions by members of Parliament, Systematische Vergewaltigung als Mittel der serbischen Kriegsführung u.a. in Bosnien, BT-Drucksache 12/4048, 29 December 1992, pp. 2–3.
Germany
In 2004, during a debate in the UN Security Council, the representative of Germany stated:
Unfortunately, the list of countries in conflict having a history of gender-based atrocities is long and includes countries from all continents, including Haiti, Afghanistan, Iraq, Myanmar, the former Yugoslavia, the Democratic Republic of the Congo and others. The fact that women account for the vast majority of victims of conflicts and are still significantly underrepresented at all levels of decision-making indicates that we need tools and instruments that promote our common vision as expressed in Security Council resolution 1325 (2000).
The continuing extreme violence against women and girls in the Darfur region is a case in point …
… Given the scope of gender-based discrimination, including violence, we need to ensure that all substantive units of a peacekeeping operation, starting with the United Nations assessment team, include specialists with gender expertise … That also requires that the United Nations continue to train its personnel, including at the level of the Special Representative of the Secretary-General, and that Member States invest more in gender training of potential peacekeeping staff. The German Government has made the latter a political priority in its endeavours. We strongly believe in the need for accountability for wartime violence against women, and in the necessity to end impunity … The International Criminal Court (ICC) certainly has a key role to play with regard to the investigation and prosecution of gender-based crimes. However, its efforts must be supplemented by national legal mechanisms. 
Germany, Statement before the UN Security Council, UN Doc. S/PV.5066, 28 October 2004, pp. 20–21.
Germany
In 2004, during a debate in the UN Security Council, the representative of Germany stated:
On this occasion, Germany would like to propose three points that we deem to be of crucial importance concerning areas where the need for progress is urgent … We propose the following.
First, let us put an end to impunity …
My second point is that we should better address the issue of humanitarian access …
Thirdly, we must stop the recent trend of using sexual violence as a weapon of conflict. The importance of reversing the escalating cycle of violence against women and children during and after conflict cannot be overstated. Women and children – be they civilians or female or child soldiers – are among the most vulnerable groups in times of conflict. Women are increasingly subject to cruel, degrading and often lethal treatment in times of conflict. Children suffer most and have the fewest defences in conflict situations if they are separated from or deprived of their parents, and their ability to cope with a quickly changing environment is very limited.
Women and children are also, to an unprecedented extent, victims of atrocious sexual violence. Worse still, sexual or gender violence is intentionally and systematically used as a weapon of warfare. We must undertake special efforts to study that phenomenon as diligently as possible to come to a swift determination on how to stop that practice. In its report, the High-level Panel proposes giving human rights components of peacekeeping operations explicit mandates and sufficient resources for investigating and reporting human rights violations against women. The Panel also proposes that the recommendations of Council resolution 1325 (2000) on women, peace and security and of the associated Independent Experts’ Assessment for the protection of women be fully implemented. The German delegation fully concurs with those proposals.
Let me end my remarks by reiterating our position: we believe that a new resolution on the protection of civilians would be a feasible option for the Council. I say that, bearing in mind that many of the points raised by the excellent Security Council resolutions 1265 (1999) and 1296 (2000) still await implementation. However, we believe that the changing character of conflict and the development of new threats, new institutions and new tools to engage more effectively in assistance should be reflected in an operational text adopted by the Council. 
Germany, Statement before the UN Security Council, UN Doc. S/PV.5100, 14 December 2004, pp. 18–19.
Germany
In 2005, in its Seventh Human Rights Policy Report, Germany’s Federal Government reported to the Bundestag (Lower House of Parliament):
3. Priorities of the German human rights policy 2005–2006
3.7 Preventing violence against women
The Federal Government still attributes highest political importance to fighting violence against women. It therefore will
- contribute to respect for international humanitarian law and to the human rights of women and girls in armed conflicts;
- demand criminal law prosecution of sexual and other violence against women in conflicts. 
Germany, Federal Government, Seventh Human Rights Policy Report, 17 June 2005, pp. 202–203.
Germany
In 2010, in its report on German cooperation with the UN and other international organizations and institutions within the UN system in 2008 and 2009 submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated:
The implementation of [UN] Security Council resolutions 1325 and 1820 is a key aspect of the Federal Government’s current Development Policy Plan on Gender. Within the framework of the Action Plan II on the Suppression of Violence against Women adopted by the Federal Government in September 2007, measures are also taken to protect women and girls from gender-specific violence, in particular rape and other forms of sexual abuse as well as violence in situations of armed conflict. 
Germany, Report by the Federal Government on Cooperation between the Federal Republic of Germany and the United Nations and Individual, Globally Acting International Organisations and Institutions within the UN-System in the Years 2008 and 2009, 5 August 2010, p. 12.
Germany
In 2010, in its report on German human rights policy in the context of foreign relations and other policy areas in the period between 1 March 2008 and 28 February 2010, which was submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated:
On 19 July 2008 the UN Security Council adopted Resolution 1820 (S/RES/1820). This resolution is a milestone in the international fight for the elimination of violence against women because for the first time, it classifies the use of sexual violence as a means of warfare in times of armed conflict as a war crime. The Federal Government explicitly welcomes this step. 
Germany, Report by the Federal Government on its Human Rights Policy in the Context of Foreign Relations and in Other Policy Areas, 26 August 2010, p. 57.
Greece
In 2006, during a UN Security Council meeting on protection of civilians in armed conflict, the permanent representative of Greece stated: “[U]nchallenged use of sexual violence against women … can not be tolerated and should come to a halt.” 
Greece, Statement by the permanent representative at a UN Security Council meeting on protection of civilians in armed conflict, 5 December 2006.
India
In 2008, in a statement during the 2008 Parliamentary Hearing at the United Nations, the representative of India stated:
Sexual violence against women and children is an unacceptable crime that unfortunately remains a serious modern-day challenge. India has taken note of [UN] Security Council Resolution 1820 of June 2008, which called for immediate and complete cessation of all acts of sexual violence against civilians by all parties to an armed conflict. Regrettably, instances of violence against women and children continue to rise, despite repeated and forthright international condemnation and an increase in collective efforts to stop such violence. It is a matter of great shame that in this day and age, women and girls remain victims of sexual violence, and are often targeted for such violence as part of an effort to humiliate, dominate, instill fear in, and eventually as a means to instigate forcible relocation of peoples. Such violence leaves permanent psychological scars in the victims, and in their societies.
There are adequate international legal agreements as well as domestic statutory laws that condemn such violence. No society or country can ever justify this practice. The fact that such violence persists is not due to the deficiency of legal measures to punish perpetrators. In our view, the problem lies in the implementation of such measures. 
India, Statement by the representative of India during the 2008 Parliamentary Hearing at the United Nations, “Session II: Sexual violence against women and children in armed conflict”, 20 November 2008.
Iraq
In 2012, Iraq’s Ministry of Human Rights issued a press release entitled “The [D]eputy [M]inister of human rights for studies affairs heads the special committee related to children[’s] involvement in armed conflicts”, which stated:
[T]he [D]eputy [M]inister of human rights for studies affairs … chaired the meeting of the committee specialized in children[’s] involvement in armed conflicts on Wednesday 8 February 2012. … The meeting discussed [the] banning of children[’s] involvement in armed conflicts. The [D]eputy [M]inister said that “we work hard to provide enough protection to children in case they are subjected to sexual and prostitution exploitation[”]. 
Iraq, Ministry of Human Rights, “The [D]eputy [M]inister of human rights for studies affairs heads the special committee related to children[’s] involvement in armed conflicts”, Press Release, 8 February 2012.
Mexico
In 2009, during a debate in the UN Security Council on children and armed conflict, the permanent representative of Mexico stated: “We condemn all acts that jeopardize the integrity of children, such as … rape and other sexual violence, which affects girls in particular”. 
Mexico, Statement by the permanent representative of Mexico before the UN Security Council, 6114th meeting, UN Doc. S/PV.6114, 29 April 2009, p. 29.
Netherlands
In a letter to parliament in 1993, the Minister of Foreign Affairs of the Netherlands condemned the maltreatment and rape of women in the former Yugoslavia. 
Netherlands, Lower House of Parliament, Letter from the Minister of Foreign Affairs concerning the situation in Yugoslavia, 1992–1993 Session, Doc. 22 181, No. 36, 25 February 1993, p. 1.
Norway
In 2009, in a White Paper on “Climate, Conflict and Capital”, Norway’s Ministry of Foreign Affairs stated:
Women and children are particularly severely affected when abuse is systematically used as a weapon of war and armed conflicts. Women and girls are often subjected to brutal violence. Sexual violence as a strategy of war increases the level of conflict and prevents women from taking part in the reconciliation process. The association of masculinity with dominant behaviour and aggression means that boys are easily recruited to armed groups, and can also increase the brutality in the abuse of women and girls. UN Security Council resolution 1820 recognises the extent and seriousness of the use of rape as a weapon in armed conflicts. The importance of ensuring that girls’ and women’s needs and interests are met in armed conflicts and humanitarian crises is also underlined in UN Security Council resolution 1325. 
Norway, Report to Parliament, White Paper on “Climate, Conflict and Capital”, Ministry of Foreign Affairs, 13 February 2009, § 5.4.
Norway
In 2009, in a statement before the UN Security Council on “Protecting Women and Girls in Armed Conflict”, the permanent representative of Norway stated:
Norway would like to take this opportunity to focus on two main issues, namely the need for increased respect for International Humanitarian Law, and the need to effectively combat sexual violence and rape in armed conflict.
Women and children are often forced to bear the heaviest burden when it comes to the consequences of armed conflict. Sexual violence and rape occurs every single day in armed conflicts and has tragic consequences, not only for the individual but for the whole community. Sexual violence leaves lasting scars for many generations to come making peace-building extremely difficult. It is crucial that these acts are not viewed as separate individual crimes. In many cases they are calculated tactics of war and should be treated as such. Crimes of rape and sexual violence in armed conflict must be placed higher on the international agenda. The systematic use of rape has rightly been recognized as a crime of war both by this Council and the International Criminal Court.
Norway would also like to see the Security Council make use of the most effective measures at its disposal, including targeted sanctions, to make it clear that sexual violence is unacceptable, and that perpetrators will be held accountable. It is unacceptable that impunity for these extremely severe crimes seems to be the rule, not the exception. Norway supports the referral of such crimes to the International Criminal Court and to consider sanctions against member states as well as non-state actors that perpetrate these acts of crime. As Member States it is also our obligation to ensure that violators are brought to justice.
… Combating impunity and holding perpetrators accountable is [the] key to protecting civilians in armed conflict and ending sexual violence. 
Norway, Statement by the permanent representative of Norway before the UN Security Council on “Protecting Women and Girls in Armed Conflict”, 26 June 2009.
Norway
In 2010, in a statement at the Oslo Conference on Armed Violence, Norway’s Minister of Foreign Affairs stated: “Women need protection against rape used as a tactic of war, as much as they need protection against forms of violence used in the context of crime.” 
Norway, Statement by the Minister of Foreign Affairs at the Oslo Conference on Armed Violence, 12 May 2010.
Norway
In 2010, in a statement before the UN Security Council on the “Protection of Civilians in Armed Conflict”, the counsellor at the Permanent Mission of Norway to the UN stated:
It is of particular concern that women continue to be targets of sexual violence in conflict, and in particular in the Democratic Republic of the Congo. Our top priority must be to end the vicious cycle of impunity. We must provide justice for survivors, punishment for perpetrators and effective deterrence for the future. For war-affected women, justice delayed is more than justice denied – it is terror continued.  
Norway, Statement before the UN Security Council by the Counsellor at the Permanent Mission of Norway to the UN on the “protection of civilians in armed conflict”, 7 July 2010.
Norway
In 2010, in a statement before the Sixth Committee of the UN General Assembly on the “Rule of Law”, the counsellor at the Permanent Mission of Norway to the UN stated:
Over the last years, Norway has increased efforts to strengthen the protection of civilians, especially women and children, against the atrocities of war, with particular focus on the sexual violence that has been perpetrated in connection with the conflict in the Democratic Republic of the Congo. Sexual violence constitutes one of the most serious contemporary international crimes. The consequences are dramatic not only for the victims, but also for their families and affected communities. 
Norway, Statement on “Rule of Law” made before the Sixth Committee of the UN General Assembly, 13 October 2010.
Philippines
In 1995, the Commission on Human Rights of the Philippines proposed that rape and sexual violence in situations of conflict be recognized as war crimes. 
Philippines, Commission on Human Rights, Philippine Human Rights Plan 1996–2000, 1995, Vol. 2, § 14.
We welcome the Secretary-General’s recent report on sexual violence (S/2013/149), as well as the efforts undertaken by the Special Representative, notably during her visits to the Central African Republic, the Democratic Republic of the Congo and Somalia, to engage leaders and other stakeholders on that most important subject.
The commitment of the United Kingdom to raise awareness on war-zone rape and on the need to bring perpetrators to justice is commendable. In London in May 2012, you, Secretary Hague, launched a campaign in London to prevent rape and sexual violence in conflict zones. Last March, you visited our region: first Rwanda, where you paid tribute to the victims of the genocide perpetrated against Tutsis, and discussed lasting peace in the region. Then you visited the eastern part of the Democratic Republic of the Congo, where sexual and gender-based violence, tragically, remain prevalent, and reached out in order to hear from the victims of such violence. Last April, with your leadership, the Foreign Ministers for Foreign Affairs of the Group of Eight adopted a declaration on the prevention of sexual violence in conflict, which urged every State to bring the perpetrators to justice. Rwanda commends your leadership on the issue, Sir, and stands firmly beside you as we pursue a meaningful international response.
In the Great Lakes region … we unfortunately still have armed conflicts and roaming predators against the civilian population. The negative forces and other military groups, such as the Rwanda Defence Force, a genocidal force that consists of perpetrators of the 1994 genocide of Tutsi in Rwanda, continues to spread its genocidal ideological poison, not just in our neighbourhood but also through a worldwide network. Other groups, such as the Lord’s Resistance Army and uncontrolled Séléka Coalition elements, continue to traumatize the population in the Democratic Republic of the Congo and the Central African Republic.
Those forces use civilians as human shields, abduct and maim, forcefully recruit children and continue to carry out sexual and gender-based violence against women and girls. Such genocidal ideologies and inhuman acts should not be accommodated anywhere in the world. 
Rwanda, Statement by the Political Coordinator of Rwanda before the UN Security Council during a meeting on the protection of civilians in armed conflict, UN Doc. S/PV.7019, 19 August 2013, p. 20.
Serbia and Montenegro
In its oral pleadings before the ICJ in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro) in 2006, Serbia and Montenegro stated:
2. Before I begin my analysis of the facts relating to the rapes committed in Bosnia and Herzegovina during the civil war at the end of the twentieth century, I must say that, regardless of the legal characterization of the offence – rape as a common law crime, rape as a war crime, rape as a crime against humanity, rape as an element of genocide – rape is first and foremost rape, an obnoxious crime, …
33. Some cases of rape in Bosnia were tried by the Tribunal for the former Yugoslavia as war crimes and crimes against humanity, a fact which we once again have no intention of denying. However, neither a rape that is a common law crime, nor a rape that is a war crime, nor again a rape that is a crime against humanity, is consistent with the definition of genocide. 
Serbia and Montenegro, Oral pleadings before the ICJ, Application of the Convention on the Prevention and Punishment of the Crime of Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro),15 March 2006, Verbatim Record CR 2006/20, pp. 23 and 29, §§ 2 and 33.
Somalia
In 1998, an ICRC publication entitled “Spared from the Spear” recorded traditional Somali practice in warfare as follows:
[T]he practice of raping women or subjecting them to any other indignity, be it in war-time or in peace-time, was something alien to Somali culture. Since every woman was regarded as either a “daughter” or a potential spouse or a potential mother-in-law, she could not be treated except with respect, care and kindness. If, however, it happened at all that an immoral criminal violated a woman’s dignity by raping her, there were strict customary laws that were invoked and agreed ways of redressing the damage.
There was general consensus among Somalis that women should not be abused during a conflict and that their dignity should not be assailed. In fact, the incidence of such acts as rape in the context of conflict [was] quite rare in traditional Somali society, if they took place at all.
[A]n act of rape was compensated for in the following manner, depending on the category of the victim:
1. A girl of pre-adolescent age (under 15 years) was compensated for with 15 she-camels.
2. A maiden, betrothed to a man, but not wedded yet: 15 she-camels.
3. A woman whose husband had died and who still wore the mourning dress: 15 she-camels.
4. An elderly woman, enfeebled by her years: 15 she-camels.
5. A woman who nursed a baby boy: 50 camels.
6. A maiden of marriageable age who, nonetheless, was neither married nor betrothed to anyone was to be compulsorily married to her assailant with payment of the full bride price she would have normally fetched. If he refused to do so, then he was obligated to pay her full blood compensation, amounting to 50 camels. 
Somalia, Spared from the Spear, 1998, pp. 32–33.
In 2011, in its comments on the concluding observations of the Human Rights Council concerning Somalia’s report, the Transitional Federal Government of Somalia referred to “Spared from the Spear” as its “own Geneva Conventions”:
In times of hostilities, the Biri-Ma-Geydo (Spared from the Spear), i.e. Somalia’s own “Geneva Conventions”[,] which existed long before the adoption of the Hague and Geneva Conventions, mitigated and regulated the conduct of clan hostilities and the treatment of immune groups. 
Somalia, Comments by the Transitional Federal Government of Somalia on the concluding observations of the Human Rights Council concerning the report of Somalia, submitted 21 September 2011, § 4.
Somalia
In 2011, in its report to the Human Rights Council, Somalia stated:
Somalia has not ratified AP II [1977 Additional Protocol II] and it is therefore not directly applicable to Somalia as a matter of treaty law. The Government is aware that many provisions of AP II represent customary IHL rules and therefore apply to the situation in Somalia. Such provisions include Article 4 providing guarantees to persons taking no active part in hostilities … due to the fact that these norms are reflected in Common Article 3 of the [1949] Geneva Conventions. 
Somalia, Report to the Human Rights Council, 11 April 2011, UN Doc. A/HRC/WG.6/11/SOM/1, § 75.
Sri Lanka
In 2008, in its initial report to the Committee on the Rights of the Child under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, Sri Lanka stated:
83. In accordance with resolution 1612 and Section VI, paragraph 2 of the Terms of Reference of the Working Group o[f] the [UN] Security Council on children and armed conflict, the TFMR [Task Force for Monitoring and Reporting] will focus on violations against children affected by armed conflict …
84. … [V]iolations and abuses committed against children affected by armed conflict including … rape and other grave sexual violence against children … will … be addressed. 
Sri Lanka, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 15 February 2010, UN Doc. CRC/C/OPAC/LKA/1, submitted 16 June 2008, §§ 83–84.
Sri Lanka
In 2008, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Sri Lanka stated: “Several amendments were made to the Penal Code by Amendment Act No. 16 of 2006 to bring offences against children, in particular sexual offences, in line with international norms and standards.” 
Sri Lanka, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 20 January 2010, UN Doc. CRC/C/LKA/3-4, submitted 24 October 2008, § 383.
The situation for women during and after armed conflicts needs to consistently be given attention. Resolution 1325 has been, and continues to be, a very important tool to recognize the needs of women in conflict or post conflict situations. As I said in my speech further to the 10 year anniversary of resolution 1325 last fall, the structural violence against women in conflict situations needs to be counteracted. 
Sweden, Speech by the State Secretary for Foreign Affairs during the Ministry for Foreign Affairs’ International Law Day, 16 September 2011.
Reports from Iraq and Syria show gross, systematic and large-scale abuse of human rights and violations of international humanitarian law. … [R]ape occur[s] in large scale and minority groups and women and children are particularly exposed. The government has in the strongest terms condemned ISIL and their brutal acts.  
Sweden, Answer by the Minister for International Development Cooperation to written question 2014/15:31 in Parliament regarding the humanitarian situation for the victims of IS, 29 October 2014.
For too long sexual and gender based violence in conflict was almost completely neglected. It is a major achievement that international criminal law now recognizes the gravity of such violence as serious international crimes and as a means of war as such. This is part of a general progress – which includes the crucial adoption of UN Security Council resolution 1325 [on Women, Peace and Security] – underlining the impact of conflict on women as well as their important role in all phases of conflict resolution and the rebuilding of war torn societies. 
Sweden, Statement by the Director-General for Legal Affairs at the Ministry for Foreign Affairs during the Thirteenth Session of the Assembly of States Parties to the Rome Statute of the International Criminal Court, 12 December 2014.
[C]onflict-related sexual and gender-based violence is a core security challenge that must be firmly addressed. Throughout the conflict in Syria, women and girls have been targeted on the basis of their gender. Sexual violence is systematic and widespread amongst many warring parties, and used as a tactic of terror by ISIL. Women and girls from Syria are sold as commodities among extremist groups and are repeatedly exposed to horrendous acts. According to the UN Independent Commission of Inquiry, Assad regime forces have arrested female lawyers, journalists and peace activists. Women have suffered rape and other forms of sexual violence by regime personnel in detention facilities. It is time to speak up louder against these horrendous crimes, to support the victims, prevent stigmatisation and make sure that perpetrators are brought to justice. Sweden fully supports SRSG [Special Representative of the Secretary-General] Zainab Bangura in her tireless efforts to address the issue of sexual violence in armed conflict and look forward to taking part of the details in her seven point plan. 
Sweden, Speech by the Minister for Foreign Affairs entitled “Syrian Women Peacebuilders”, 23 October 2015.
Switzerland
Switzerland’s Protection of Civilians in Armed Conflict Strategy (2009) states: “The rights and specific needs for the protection of women and girls are not sufficiently recognised; women and girls are the main victims of acts of sexual violence committed in many wars and conflicts.” 
Switzerland, Federal Department of Foreign Affairs, Protection of Civilians in Armed Conflict Strategy, 2009, pp. 3–4.
(emphasis in original)
Switzerland
Switzerland’s ABC of International Humanitarian Law (2009) states with regard to women: “International humanitarian law calls for the special protection of women. As Civilians they are protected against any assault on their honour and physical integrity.” 
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 42.
(emphasis in original)
Switzerland
In 2009, in its Report on Foreign Policy, Switzerland’s Federal Council stated:
The fight against violence against women in armed conflicts is a priority of the FDFA [Federal Department of Foreign Affairs], which supports the program deployed in this sense by the United Nations worldwide (“Unite to End Violence Against Women, No to rape!”), and the “GenCap” [Gender Standby Capacity] project of the humanitarian structure of the United Nations. 
Switzerland, Federal Council, Report on Foreign Policy 2009, 2 September 2009, Section 3.3.6.1, p. 5794.
Switzerland
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
Switzerland
In 2011, Switzerland’s Federal Council issued a “Communiqué on the continuation of measures promoting peace and human security 2012–2016”, which stated:
The UN Security Council resolution 1325 (S/RES/1325) on women and peace and security of 31 October 2000 … concerns all States, all parties to an armed conflict and all the actors engaged in promotion of peace in:
- preventing gender-based violence, as well as protecting the needs and rights of women and girls during and after armed conflicts;
These points have been further elaborated in a number of subsequent resolutions. These include the UN Security Council resolution 1820 dedicated to the prevention of sexual violence and fight against impunity for perpetrators of such violence, as well as to the protection of the rights of women and girls. The resolution 1888 established a position specifically tasked with the fight against sexual violence in armed conflict. 
Switzerland, Federal Council, Communiqué on the continuation of measures promoting peace and human security 2012–2016, 29 June 2011, p. 5907.
Switzerland
In 2012, in a statement before the UN Security Council during a debate on women and peace and security, the chargé d’affaires a.i. of Switzerland stated:
The news on acts of sexual violence committed in contemporary wars is reaching us more frequently than ever. The averagely informed citizen of central Europe that has never experienced an armed conflict herself or himself, today, is aware of the existence of systematic rape as part and parcel of warfare. In this room nobody will deny that systematic sexual violence in armed conflict exists as a weapon of war and that it can constitute a war crime, a crime against humanity or an element of genocide. What is more, with the Rome Statute we have created an important tool to take legal action against those responsible for the suffering and the nightmares of those women and girls, but also boys and men. Finally then, with the robust series of Women Peace and Security resolutions of 2009 until 2010, the Security Council and the Member States showed decidedness to move from mere advocacy to hands-on implementation of the commitments to fight conflict-related sexual violence. 
Switzerland, Statement by the chargé d’affaires a.i. of Switzerland before the UN Security Council during a debate on women and peace and security, 23 February 2012.
Switzerland
In 2012, in a statement before the UN Security Council during a debate on women and peace and security, made on behalf of the Human Security Network, the permanent representative of Switzerland stated:
[I]t is deeply disturbing that today we continue to witness rapes of women, girls and children in general, in countries in armed conflict but also in other situations, including post-conflict situations. We recognize the efforts made by some Governments to put an end to these crimes, to strengthen judicial systems and to bring those responsible to justice. However, as the [UN] Secretary-General’s report (S/2012/33) shows, progress remains slow, and in practice the perpetrators of crimes against women and girls often go unpunished.
The Human Security Network therefore urges Member States to increase their efforts to prevent conflict-related sexual violence by undertaking all necessary efforts to implement all applicable legal provisions in the matter. The primary responsibility is theirs. But, at the same time, this constitutes a challenge for the international community as a whole, especially for regional and subregional organizations. Their role in supporting the efforts of those countries is crucial. The message must be clear; there shall be no impunity for the perpetrators of such crimes, and the countries affected and the international community will not rest until there is accountability and justice is done.
… [C]onflict-related sexual violence and the specific needs of women and girls have to be addressed adequately, both in ceasefire agreements and in peace agreements. 
Switzerland, Statement by the permanent representative of Switzerland before the UN Security Council during a debate on women and peace and security, made on behalf of the Human Security Network, namely Austria, Chile, Costa Rica, Greece, Ireland, Jordan, Mali, Norway, Panama, Slovenia, Thailand, South Africa as an observer and Switzerland, UN Doc. S/PV.6722, 23 February 2012.
Switzerland
In 2012, in a statement before the UN Security Council during a debate on children and armed conflict, the permanent representative of Switzerland stated:
[T]he situation of children affected by armed conflict remains alarming on a global scale. Children continue to be … victimized by sexual violence …
Pressure must be increased on persistent perpetrators. To that end, a close cooperation between the Security Council and national and international courts seeking to end impunity for serious violations of international humanitarian law is vital. 
Switzerland, Statement by the permanent representative of Switzerland before the UN Security Council during a debate on children and armed conflict, 19 September 2012.
Switzerland
In 2013, Switzerland’s Federal Department of Foreign Affairs issued a document entitled “Women, peace and security: National Action Plan to implement UN Security Council Resolution 1325 (2000)”, which stated:
VII. Examples of implementation
Switzerland further supports Geneva Call, an NGO that appeals to armed non-state actors to comply with international humanitarian law. Geneva Call develops measures for observing these norms to provide better protection to the civilians, women and children. To this end Geneva Call elaborates so-called Deeds of Commitment. Previously deeds were drawn up on banning landmines, child soldiers and recently also against sexual violence. 
Switzerland, Federal Department of Foreign Affairs, Women, peace and security: National Action Plan to implement UN Security Council Resolution 1325 (2000), 2013, p. 24.
[footnotes in original omitted]
United Kingdom of Great Britain and Northern Ireland
In 1993, during a debate in the House of Lords in 1993, the UK Minister of State, Foreign and Commonwealth Office, stated: “Rape probably already comes within the definition of a war crime.” 
United Kingdom, House of Lords, Statement by the Minister of State, Foreign and Commonwealth Office, Hansard, 24 May 1993, Vol. 225, col. 575.
United Kingdom of Great Britain and Northern Ireland
In 1994, in a briefing note on Britain’s peacemaking role in the former Yugoslavia, the UK Minister of State, Foreign and Commonwealth Office, in reply to the question as to whether he considered rape as a war crime, stated:
In international armed conflicts, a war crime can be defined as any serious violation of the laws and customs of war, including grave breaches of the 1949 Geneva Conventions. Article 27 of the Fourth Geneva Convention specifically prohibits rape; and Article 3, which applies to non-international armed conflicts and which is common to all four Conventions, refers to “outrages upon personal dignity, in particular humiliating and degrading treatment”. This would clearly include rape. 
United Kingdom, House of Lords, Briefing Note by the Foreign and Commonwealth Office on Britain’s peacemaking role in former Yugoslavia, Hansard, 9 June 1994, Vol. 555, col. 1321.
United Kingdom of Great Britain and Northern Ireland
In 2003, in reply to a written question in the House of Lords, the UK Minister of State, Foreign and Commonwealth Office, wrote:
The Government deplore the war crimes committed during the Balkans conflict in the early 1990s, including the rape of women and girls in Bosnia.
We are sympathetic to any proposal to improve the situation of the victims of these crimes, but it is not clear that awarding civilian war victim status would be the most effective means of ensuring support for these women. What is required is recognition of their suffering as victims of rape, conviction of the perpetrators and provision of appropriate support for these women and their children.
Through the work of the Department for International Development, and support for UNICEF and local NGOs, the Government support projects to raise awareness of rape as a war crime. We strongly support the work of the International Criminal Tribunal for former Yugoslavia, which is tasked with bringing to trial those suspected of war crimes and crimes against humanity during the Balkans conflict, including rape. It has convicted a number of individuals of this crime. With our partners in the EU, we apply concerted pressure to all governments in the region for greater co-operation with ICTY, particularly in the handover and prosecution of indictees.
The best way to secure financial support for these women and their children is through successful convictions in the Bosnian courts, which can award compensation to the victims of rape. Together with our EU partners, we are working hard to strengthen the capacity of the Bosnian judicial system, so that it can prosecute the perpetrators of these crimes more effectively and efficiently, and provide sustainable support to the victims. 
United Kingdom, House of Lords, Written answer by the Minister of State, Foreign and Commonwealth Office, Hansard, 10 December 2003, Vol. 655, Written Answers, col. WA64.
United Kingdom of Great Britain and Northern Ireland
The UK Government Strategy on the Protection of Civilians in Armed Conflict (2010) states: “IHL requires parties to a conflict to respect and protect civilians. … [C]ivilians must not be … subjected to acts of violence such as … forms of ill-treatment (including sexual violence)”. 
United Kingdom, Foreign and Commonwealth Office, Government Strategy on the protection of civilians in armed conflict, March 2010, p. 4.
United Kingdom of Great Britain and Northern Ireland
In 2010, in its closing submissions to the public inquiry into the circumstances surrounding the death of Baha Mousa and the treatment of those detained with him by UK armed forces in Iraq in 2003, the UK Ministry of Defence stated regarding common Article 3 of the 1949 Geneva Conventions: “On its face this protection is restricted to armed conflicts not of an international character. However, it is understood to apply in all forms of armed conflict as part of customary international law to set out the irreducible minimum standard.” 
United Kingdom, Ministry of Defence, Closing Submissions to the Baha Mousa Public Inquiry on Modules 1–3, 25 June 2010, § 10.2, p. 10.
United States of America
In 1987, the Deputy legal adviser of the US Department of State affirmed: “We support the principle that … women be protected against rape and indecent assault.” 
United States, Remarks of Michael J. Matheson, Deputy Legal Adviser, US Department of State, The Sixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, American Journal of International Law and Policy, Vol. 2, 1987, p. 427.
United States of America
In 1992, in reports submitted pursuant to paragraph 5 of UN Security Council Resolution 771 (1992) on grave breaches of the 1949 Geneva Convention IV committed in the former Yugoslavia, the United States described acts of sexual violence and rape perpetrated by the parties to the conflict. 
United States, Former Yugoslavia: Grave Breaches of the Fourth Geneva Convention, annexed to Letter dated 22 September 1992 to the UN Secretary-General, UN Doc. S/24583, 23 September 1992, pp. 7–8; Former Yugoslavia: Grave Breaches of the Fourth Geneva Convention (Second Submission), annexed to Letter dated 22 October 1992 to the UN Secretary-General, UN Doc. S/24705, 23 October 1992, pp. 7, 10–11 and 13; Former Yugoslavia: Grave Breaches of the Fourth Geneva Convention (Third Submission), annexed to Letter dated 5 November 1992 to the UN Secretary-General, UN Doc. S/24791, 10 November 1992, Annex, pp. 9 and 16–18; Former Yugoslavia: Grave Breaches of the Fourth Geneva Convention (Fourth Submission), annexed to Letter dated 7 December 1992 to the UN Secretary-General, UN Doc. S/24918, 8 December 1992, pp. 6–8, 10 and 12.
United States of America
In 1992, in its final report on the conduct of the Gulf War, the US Department of Defense listed some specific Iraqi war crimes, in particular “inhumane treatment of Kuwaiti and third country civilians, to include rape”. 
United States, Department of Defense, Final Report to Congress on the Conduct of the Persian Gulf War, 10 April 1992, Appendix O, The Role of the Law of War, ILM, Vol. 31, 1992, p. 634.
United States of America
In 1998, in response to the situation in Kosovo, but also referring to the other conflicts in the former Yugoslavia, the US Congress adopted a resolution by unanimous consent stating:
Whereas there is reason to believe that as President of the Federal Republic of Yugoslavia (Serbia and Montenegro), Slobodan Miloševic was responsible for the conception and direction of a war of aggression … and that mass rape and forced impregnation were among the tools used to wage this war … it is the sense of Congress that … the United States should publicly declare that it considers that there is reason to believe that Slobodan Miloševic, President of the Federal Republic of Yugoslavia (Serbia and Montenegro), has committed war crimes, crimes against humanity and genocide. 
United States, Congress, S. Con. Resolution 105 on the Sense of Congress Regarding the Culpability of Slobodan Miloševic, 17 July 1998, Congressional Record (Senate), pp. S8456–S8458.
United States of America
In a concurrent resolution adopted in 2000, the US Congress expressed its sense concerning the war crimes committed by the Japanese military during the Second World War, in particular the rape of civilian women on the island of Guam and in Nanjing. 
United States, House of Representatives (Senate concurring), Concurrent Resolution, H.CON. RES. 357, 106th Congress, 2nd Session, 19 June 2000.
United States of America
According to the Report on US Practice, “Articles 4, 5 and 6 [of the 1977 Additional Protocol II] reflect general US policy on treatment of persons in the power of an adverse party in armed conflicts governed by common Article 3” of the 1949 Geneva Conventions. The report also notes: “It is the opinio juris of the US that persons detained in connection with an internal armed conflict are entitled to humane treatment as specified in Articles 4, 5 and 6 [of the 1977 Additional Protocol II].” 
Report on US Practice, 1997, Chapter 5.3.
United States of America
In June 2008, in a letter to the UN Secretary-General on the subject of “Women and Peace and Security: Sexual Violence in Situations of Armed Conflict”, the permanent representative of the United States stated:
Since the adoption of Security Council resolution 1325 (2000) on women and peace and security, progress towards achieving its major goals has been slow and uneven. …
One important aspect of resolution 1325 (2000) which demands urgent attention by the international community is the call for all parties to armed conflict to take special measures to protect women and girls from rape and other forms of sexual abuse, and its emphasis on the need to end impunity for war crimes, including those relating to sexual and other violence against women and girls.
Rape is clearly defined as a war crime in international humanitarian law. The statute of the International Tribunal for the former Yugoslavia, which the Security Council adopted by its resolution 827 (1993), gives the Tribunal the power to prosecute persons responsible for rape when committed in armed conflict, whether international or internal in character, and directed against any civilian population.
In the fifteen years since the establishment of the criminal tribunals for the former Yugoslavia and Rwanda, the problem of widespread, organized and systematic rape has continued and, if anything, has become more severe. In the eight years since the Council adopted resolution 1325 (2000) on women and peace and security, sexual violence as a weapon of war has been perpetrated with almost universal impunity. Even though rape and sexual violence in situations of armed conflict are underreported by women victims, who often are ashamed to come forward and suffer public humiliation or rejection and may well doubt they will find adequate recourse to justice, United Nations sources on the ground have reported thousands of women who have sought medical help for the grievous wounds that have been inflicted upon them in the course of being raped by gangs of soldiers and other armed men. These injuries are so severe that in some cases victims are hospitalized for over a year. Thousands of women and girls, and their children, have been abandoned by their families and ostracized by their villages after surviving rape. For example, according to Under-Secretary-General for Humanitarian Affairs John Holmes, more than 32,000 cases of rape and other forms of sexual violence have been registered in the Democratic Republic of the Congo’s province of South Kivu alone.
The recent reporting on women affected by sexual violence in situations of armed conflict reveals a grave situation that requires a practical response from the international community. During the United States Presidency of the Security Council, Secretary of State Condoleezza Rice will chair a thematic debate at the ministerial level for members of the Council on sexual violence in situations of armed conflict, as part of the Council’s follow-up to resolution 1325 (2000). 
United States, Letter by the permanent representative of the United States, addressed to the UN Secretary General, Concept Paper: Women and Security – Sexual Violence in Situations of Armed Conflict, UN Doc. S/2008/364, 4 June 2008.
Yugoslavia, Federal Republic of
In an exceptional report submitted to the Committee on the Elimination of Discrimination Against Women (CEDAW) in 1993, the Federal Republic of Yugoslavia reported its position that abuses of women in war zones were crimes contrary to IHL and apologized for an earlier statement which might have given the false impression that rape was considered normal behaviour in times of war. 
Yugoslavia, Federal Republic of, Statement before CEDAW, UN Doc. A/49/38, 12 April 1994, §§ 761 and 769.
UN Security Council
In a resolution adopted in 1992, the UN Security Council stated that it was “appalled by reports of massive, organized and systematic detention and rape of women, in particular Muslim women, in Bosnia and Herzegovina” and strongly condemned “these acts of unspeakable brutality”. 
UN Security Council, Res. 798, 18 December 1992, preamble and § 2, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 1993 in the context of the conflict in Bosnia and Herzegovina, the UN Security Council stated that it condemned “massive, organized and systematic detention and rape of women”. 
UN Security Council, Res. 820, 17 April 1993, § 6, voting record: 13-0-2.
UN Security Council
In a resolution adopted in 1993, the UN Security Council expressed grave alarm at the widespread and flagrant violations of IHL occurring within the territory of the former Yugoslavia, especially Bosnia and Herzegovina, including “reports of massive, organized and systematic rape of women”. 
UN Security Council, Res. 827, 25 May 1993, preamble, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 1995 on the situation in Bosnia and Herzegovina, the UN Security Council stated that rape was a “grave violation of international humanitarian law”. 
UN Security Council, Res. 1019, 9 November 1995, preamble, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 1995, the UN Security Council expressed grave concern and condemned in the strongest possible terms the violations of IHL and human rights in Bosnia and Herzegovina, including “evidence of a consistent pattern of rape”. 
UN Security Council, Res. 1034, 21 December 1995, preamble and § 2, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 1999 on children in armed conflicts, the UN Security Council urged all parties to armed conflicts “to take special measures to protect children, in particular girls, from rape and other forms of sexual abuse and gender-based violence in situations of armed conflict”. 
UN Security Council, Res. 1261, 25 August 1999, § 10, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2000 on women and peace and security, the UN Security Council called on “all parties to armed conflict to take special measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence in situations of armed conflict”. 
UN Security Council, Res. 1325, 31 October 2000, § 10, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2003 on children in armed conflict, the UN Security Council:
Notes with concern all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crisis, including those cases involving humanitarian workers and peacekeepers, and requests contributing countries to incorporate the Six Core Principles of the Inter-Agency Standing Committee on Emergencies into pertinent codes of conduct for peacekeeping personnel and to develop appropriate disciplinary and accountability mechanisms. 
UN Security Council, Res. 1460, 30 January 2003, § 10, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2003 on the situation concerning the Democratic Republic of the Congo, the UN Security Council:
Condemns the massacres and other systematic violations of International Humanitarian Law and human rights perpetrated in the Democratic Republic of the Congo, in particular sexual violence against women and girls as a tool of warfare and atrocities perpetrated in the Ituri area by the Mouvement de Libération du Congo (MLC) and the Rassemblement Congolais pour la Démocratie/National (RCD/N) troops, as well as the acts of violence recently perpetrated by the Union des Patriotes Congolais (UPC) forces, and reiterates that there will be no impunity for such acts and that the perpetrators will be held accountable. 
UN Security Council, Res. 1468, 20 March 2003, § 2, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2003 on the situation concerning the Democratic Republic of the Congo, the UN Security Council:
8. Strongly condemns the acts of violence systematically perpetrated against civilians, including the massacres, as well as other atrocities and violations of international humanitarian law and human rights, in particular, sexual violence against women and girls, stresses the need to bring to justice those responsible, including those at the command level, and urges all parties, including the Government of the Democratic Republic of the Congo, to take all necessary steps to prevent further violations of human rights and international humanitarian law, in particular those committed against civilians;
9. Reaffirms the importance of a gender perspective in peacekeeping operations in accordance with resolution 1325 (2000), recalls the need to address violence against women and girls as a tool of warfare, and in this respect encourages MONUC to continue to actively address this issue. 
UN Security Council, Res. 1493, 28 July 2003, §§ 8 and 9, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2003 relating to the situation in Liberia, the UN Security Council deplored “all violations of human rights, particularly atrocities against civilian populations, including widespread sexual violence against women and children”. 
UN Security Council, Res. 1509, 19 September 2003, preamble, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2004 on children and armed conflict, the UN Security Council:
1. Strongly condemns … rape and other sexual violence mostly committed against girls, …
10. Notes with concern all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crisis, including those cases involving humanitarian workers and peacekeepers, [and] requests contributing countries to incorporate the Six Core Principles of the Inter-Agency Standing Committee on Emergencies into pertinent codes of conduct for peacekeeping personnel and to develop appropriate disciplinary and accountability mechanisms. 
UN Security Council, Res. 1539, 22 April 2004, §§ 1 and 10, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2004 on the Sudan, the UN Security Council condemned “all acts of violence and violations of human rights and international humanitarian law by all parties to the crisis, in particular by the Janjaweed, including … rapes”. 
UN Security Council, Res. 1556, 30 July 2004, preamble, voting record: 13-0-2.
UN Security Council
In a resolution adopted in 2004 on the situation concerning the Democratic Republic of the Congo, the UN Security Council:
Expresses grave concern at the allegations of sexual exploitation and misconduct by civilian and military personnel of MONUC, requests the Secretary-General to continue to fully investigate these allegations to take the appropriate action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, further encourages MONUC to conduct training for personnel targeted to ensure full compliance with its code of conduct regarding sexual misconduct, and urges troop-contributing countries to take appropriate disciplinary and other action to ensure full accountability in cases of such misconduct involving their personnel. 
UN Security Council, Res. 1565, 1 October 2004, § 25, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2005 on the Sudan, the UN Security Council:
Strongly condemning all violations of human rights and international humanitarian law in the Darfur region, in particular the continuation of violence against civilians and sexual violence against women and girls since the adoption of resolution 1574 (2004), urging all parties to take necessary steps to prevent further violations, and expressing its determination to ensure that those responsible for all such violations are identified and brought to justice without delay,
Recalling the demands in resolutions 1556 (2004), 1564 (2004), and 1574 (2004), that all parties to the conflict in Darfur refrain from any violence against civilians and cooperate fully with the African Union Mission in Darfur,
Expressing grave concern at the allegations of sexual exploitation and misconduct by United Nations personnel in United Nations established operations, and welcoming the Secretary-General’s 9 February 2005 letter to the Council in this regard, affirming there will be a zero-tolerance policy of sexual exploitation and abuse of any kind in all United Nations peacekeeping missions,
14. Requests the Secretary-General to take the necessary measures to achieve actual compliance in UNMIS with the United Nations zero-tolerance policy on sexual exploitation and abuse, including the development of strategies and appropriate mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and the enhancement of training for personnel to prevent misconduct and ensure full compliance with the United Nations code of conduct, requests the Secretary-General to take all necessary action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel;
15. Reaffirms the importance of appropriate expertise on issues relating to gender in peacekeeping operations and post-conflict peacebuilding in accordance with resolution 1325 (2000), recalls the need to address violence against women and girls as a tool of warfare, and encourages UNMIS as well as the Sudanese parties to actively address these issues. 
UN Security Council, Res. 1590, 24 March 2005, preamble and §§ 14–15, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2005 on the Sudan, the UN Security Council:
Strongly condemning all violations of human rights and international humanitarian law in the Darfur region, in particular the continuation of violence against civilians and sexual violence against women and girls since the adoption of resolution 1574 (2004), urging all parties to take necessary steps to prevent further violations, and expressing its determination to ensure that those responsible for all such violations are identified and brought to justice without delay. 
UN Security Council, Res. 1591, 29 March 2005, preamble, voting record: 12-0-3.
UN Security Council
In a resolution adopted in 2005 on the situation concerning the Democratic Republic of the Congo, the UN Security Council:
Recalling that all the parties bear responsibility for ensuring security with respect to civilian populations, in particular women, children and other vulnerable persons, and expressing concern at the continuing levels of sexual violence. 
UN Security Council, Res. 1592, 30 March 2005, preamble, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2005 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by UNIFIL to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1614, 29 July 2005, § 11, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2005 on the situation in Georgia, the UN Security Council:
Welcomes the efforts being undertaken by UNOMIG to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1615, 29 July 2005, § 32, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2005 on the situation between Eritrea and Ethiopia, the UN Security Council:
Requests the Secretary-General to take the necessary measures to achieve actual compliance in UNMEE with the United Nations zero-tolerance policy on sexual exploitation and abuse, including the development of strategies and appropriate mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and the enhancement of training for personnel to prevent misconduct and ensure full compliance with the United Nations code of conduct, requests the Secretary-General to take all necessary action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1622, 13 September 2005, § 13, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2005 on the situation in Liberia, the UN Security Council:
Welcomes the efforts undertaken by UNMIL to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, and requests the Secretary-General to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action, including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure that allegations of sexual exploitation or abuse against their personnel are properly investigated and, if substantiated, punished. 
UN Security Council, Res. 1626, 19 September 2005, § 12, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2005 on the Sudan, the UN Security Council:
Urges troop-contributing countries carefully to review the Secretary-General’s letter of 24 March 2005 (A/59/710) and to take appropriate action to prevent sexual exploitation and abuse by their personnel in UNMIS, including predeployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such misconduct involving their personnel. 
UN Security Council, Res. 1627, 23 September 2005, § 3, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2005 on the situation in the Democratic Republic of the Congo, the UN Security Council:
Welcomes the action taken by MONUC in investigating and dealing with instances of sexual exploitation and abuse and its efforts to put in place preventive measures, requests the Secretary-General to continue to take the necessary measures to achieve actual compliance in MONUC with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action, including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1635, 28 October 2005, § 8, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2005 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel. 
UN Security Council, Res. 1648, 21 December 2005, § 2, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by UNIFIL to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.  
UN Security Council, Res., 1655, 31 January 2006, § 13, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the situation in Georgia, the UN Security Council:
Welcomes the efforts being undertaken by UNOMIG to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1666, 31 March 2006, § 10, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the protection of civilians in armed conflict, the UN Security Council:
5. Reaffirms also its condemnation in the strongest terms of all acts of violence or abuses committed against civilians in situations of armed conflict in violation of applicable international obligations with respect in particular to … (ii) gender-based and sexual violence … and demands that all parties put an end to such practices;
19. Condemns in the strongest terms all sexual and other forms of violence committed against civilians in armed conflict, in particular women and children, and undertakes to ensure that all peace support operations employ all feasible measures to prevent such violence and to address its impact where it takes place;
20. Condemns in equally strong terms all acts of sexual exploitation, abuse and trafficking of women and children by military, police and civilian personnel involved in United Nations operations, welcomes the efforts undertaken by United Nations agencies and peacekeeping operations to implement a zero-tolerance policy in this regard, and requests the Secretary-General and personnel-contributing countries to continue to take all appropriate action necessary to combat these abuses by such personnel, including through the full implementation without delay of those measures adopted in the relevant General Assembly resolutions based upon the recommendations of the report of the Special Committee on Peacekeeping, A/59/19/Rev.1. 
UN Security Council, Res. 1674, 28 April 2006, §§ 5 and 19–20, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the situation concerning Western Sahara, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to achieve actual compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse, including the development of strategies and appropriate mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and the enhancement of training for personnel to prevent misconduct and ensure full compliance with the United Nations code of conduct, requests the Secretary-General to take all necessary action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1675, 28 April 2006, § 4, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel. 
UN Security Council, Res. 1685, 13 June 2006, § 2, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the situation in Cyprus, the UN Security Council:
Welcomes the efforts being undertaken by UNFICYP to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1687, 15 June 2006, § 6, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the situation in Timor-Leste, the UN Security Council:
Requests the Secretary-General to take the necessary measures to achieve actual compliance in UNMIT with the United Nations zero-tolerance policy on sexual exploitation and abuse, including the development of strategies and appropriate mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and the enhancement of training for personnel to prevent misconduct and ensure full compliance with the United Nations code of conduct, requests the Secretary-General to take all necessary action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1704, 25 August 2006, § 13, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the Sudan, the UN Security Council reiterated “its strong condemnation of all violations of human rights and international humanitarian law in Darfur” and called upon “the Government of National Unity to take urgent action to tackle gender-based violence in Darfur”. 
UN Security Council, Res. 1706, 31 August 2006, preamble, voting record: 12-0-3.
UN Security Council
In a resolution adopted in 2006 on the situation in Liberia, the UN Security Council:
Welcomes the efforts undertaken by UNMIL to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, and requests the Secretary-General to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action, including the conduct of pre-deployment awareness training, and to take disciplinary and other action to ensure that allegations of sexual exploitation or abuse against their personnel are properly investigated and, if substantiated, punished. 
UN Security Council, Res. 1712, 29 September 2006, § 6, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the situation in Georgia, the UN Security Council:
Welcomes the efforts being undertaken by UNOMIG to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1716, 13 October 2006, § 16, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the situation concerning Western Sahara, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1720, 31 October 2006, § 4, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the situation in Cyprus, the UN Security Council:
Welcomes the efforts being undertaken by UNFICYP to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1728, 15 December 2006, § 7, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel.  
UN Security Council, Res. 1729, 15 December 2006, § 2
UN Security Council
In a resolution adopted in 2007 on the question concerning Haiti, the UN Security Council:
17. Strongly condemns the grave violations against children affected by armed violence, as well as widespread rape and other sexual abuse of girls;
22. Requests the Secretary-General to continue to take the necessary measures to ensure full compliance of all MINUSTAH personnel with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to ensure that acts involving their personnel are properly investigated and punished. 
UN Security Council, Res. 1743, 15 February 2007, §§ 17 and 22, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in Timor-Leste, the UN Security Council:
Reaffirming its resolutions 1325 (2000) on women, peace and security and 1502 (2003) on the protection of humanitarian and United Nations personnel,
12. Requests UNMIT fully to take into account gender considerations as set out in Security Council resolution 1325 as a cross-cutting issue throughout its mandate, and further requests the Secretary-General to include in his reporting to the Security Council progress on gender mainstreaming throughout UNMIT and all other aspects relating to the situation of women and girls, especially in relation to the need to protect them from gender-based violence;
13. Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in UNMIT with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges those countries contributing troops and police to take appropriate preventive action and to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1745, 22 February 2007, preamble and §§ 12–13, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in Georgia, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance of all UNOMIG personnel with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to ensure that acts involving their personnel are properly investigated and punished. 
UN Security Council, Res. 1752, 13 April 2007, § 12, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation concerning Western Sahara, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1754, 30 April 2007, § 7, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the Sudan, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in UNMIS with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action, including pre-deployment accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1755, 30 April 2007, § 5, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation concerning the Democratic Republic of the Congo, the UN Security Council:
Expressing grave concern at the allegations of sexual exploitation and violence by civilian and military personnel of MONUC, taking note of the measures taken by MONUC to address instances of sexual exploitation and abuse and of the zero tolerance policy reiterated by the Secretary General during his recent visit to the Democratic Republic of the Congo, requests the Secretary-General to continue to fully investigate these allegations, to take the appropriate measures set out in the Secretary-General’s bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13), and to keep the Council informed, underlines the importance of MONUC conducting training for the personnel concerned in order to ensure full compliance with its Code of Conduct regarding sexual misconduct, and urges troop-contributing countries to take appropriate disciplinary and other action to ensure full accountability in cases of such misconduct involving their personnel. 
UN Security Council, Res. 1756, 15 May 2007, § 22, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in Cyprus, the UN Security Council:
Welcomes the efforts being undertaken by UNFICYP to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of predeployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1758, 15 June 2007, § 9, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel. 
UN Security Council, Res. 1759, 20 June 2007, § 2, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the Sudan, the UN Security Council:
Requests the Secretary-General to take the necessary measures to achieve actual compliance in UNAMID with the United Nations zero-tolerance policy on sexual exploitation and abuse, including the development of strategies and appropriate mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and the enhancement of training for personnel to prevent misconduct and ensure full compliance with the United Nations code of conduct, and to further take all necessary action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training and, in the case of forces previously deployed under AU auspices, post-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1769, 31 July 2007, § 16, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by UNIFIL to implement the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel. 
UN Security Council, Res. 1773, 24 August 2007, § 7, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in Liberia, the UN Security Council welcomed “UNMIL’s continuing efforts to promote and protect the rights of women” and called on the Liberian authorities to “combat gender-based violence, sexual exploitation and abuse”. 
UN Security Council, Res. 1777, 20 September 2007, preamble, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in Haiti, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance of all MINUSTAH personnel with the United Nations zero-tolerance policy on sexual exploitation and abuse, and to keep the Council informed, and urges troop-contributing countries to ensure that acts involving their personnel are properly investigated and punished. 
UN Security Council, Res. 1780, 15 October 2007, § 21, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in Georgia, the UN Security Council:
Welcomes the efforts being undertaken by UNOMIG to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1781, 15 October 2007, § 18, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the Western Sahara situation, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1783, 31 October 2007, § 9, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the Sudan, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in UNMIS with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1784, 31 October 2007, § 15, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel. 
UN Security Council, Res. 1788, 14 December 2007, § 2, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in Cyprus, the UN Security Council:
Welcomes the efforts being undertaken by UNFICYP to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel. 
UN Security Council, Res. 1789, 14 December 2007, § 9, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in the Democratic Republic of the Congo, the UN Security Council:
Condemning in particular sexual violence perpetrated by militias and armed groups as well as elements of the FARDC, the PNC and other security and intelligence services, stressing the urgent need for the Government of the Democratic Republic of the Congo, in cooperation with MONUC and other relevant actors, to end such violence and bring the perpetrators, as well as the senior commanders under whom they serve, to justice, and calling on Member States to assist in this regard and to continue to provide medical, humanitarian and other assistance to victims,
15. Reiterates its call upon the Congolese authorities to put an end to impunity, by bringing to justice without delay perpetrators of grave violations of human rights and of international humanitarian law, with special attention to … grave violations against women and children, in particular sexual violence, …
18. Requests MONUC, in view of the scale and severity of sexual violence committed especially by armed elements in the Democratic Republic of the Congo, to undertake a thorough review of its efforts to prevent and respond to sexual violence, and to pursue a comprehensive mission-wide strategy, in close cooperation with the United Nations Country Team and other partners, to strengthen prevention, protection, and response to sexual violence, including through training for the Congolese security forces in accordance with its mandate, and to regularly report, including in a separate annex if necessary, on actions taken in this regard, including factual data and trend analyses of the problem. 
UN Security Council, Res. 1794, 21 December 2007, preamble and §§ 15 and 18, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in Sierra Leone, the UN Security Council welcomed “the efforts undertaken by UNIOSIL to implement the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse to ensure full compliance of its personnel with the United Nations code of conduct”. 
UN Security Council, Res. 1793, 31 December 2007, § 10, voting record: 15-0-0.
UN Security Council
In 1998, in a statement by its President on Sierra Leone, the UN Security Council condemned as gross violations of IHL “atrocities against the civilian population, particularly women and children”, including widespread rape. 
UN Security Council, Statement by the President, UN Doc. S/PRST/1998/13, 20 May 1998, p. 1.
UN Security Council
In 1998, in a statement by its President on children and armed conflict, the UN Security Council strongly condemned the sexual abuse of children. 
UN Security Council, Statement by the President, UN Doc. S/PRST/1998/18, 29 June 1998, p. 1.
UN Security Council
In 2004, in a statement by its President on the situation in the Darfur region of Sudan, the UN Security Council expressed its deep concern “at the continuing reports of large-scale violations of human rights and of international humanitarian law in Darfur, including indiscriminate attacks on civilians, sexual violence, forced displacement and acts of violence”. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2004/18, 25 May 2004, p. 1.
UN Security Council
In 2004, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council strongly condemns the continued acts of gender-based violence in situations of armed conflict. The Council also condemns all violations of the human rights of women and girls in situations of armed conflict and the use of sexual exploitation, violence and abuse. The Council urges the complete cessation by all parties of such acts with immediate effect. The Council stresses the need to end impunity for such acts as part of a comprehensive approach to seeking peace, justice, truth and national reconciliation. The Council welcomes the efforts of the United Nations system to establish and implement strategies and programmes to prevent and report on gender-based violence, and urges the Secretary-General to further his efforts in this regard. The Council requests the Secretary-General to ensure that human rights monitors and members of commissions of inquiry have the necessary expertise and training in gender-based crimes and in the conduct of investigations, including in a culturally sensitive manner favourable to the needs, dignity and rights of the victims. The Council urges all international and national courts specifically established to prosecute war-related crimes to provide gender expertise, gender training for all staff and gender-sensitive programmes for victims and witness protection. The Council emphasizes the urgent need for programmes that provide support to survivors of gender-based violence. The Council further requests that appropriate attention is given to the issue of gender-based violence in all future reports to the Council. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2004/40, 28 October 2004, pp. 1–2.
UN Security Council
In 2004, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council stated:
The Security Council strongly condemns the increased use of sexual and gender-based violence as a weapon of war as well as the recruitment and use of child soldiers by parties to armed conflict in violation of international obligations applicable to them … It stresses the importance of developing strategies aimed at preventing and responding to sexual and gender-based violence, through the improvement in the design of peacekeeping and assessment missions by, inter alia, the inclusion of gender and child protection advisers. It stresses also the importance for women and children subject to exploitation and sexual violence to receive adequate assistance and support. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2004/46, 14 December 2004, pp. 2–3.
UN Security Council
In 2005, in a statement by its President on UN peacekeeping operations, the UN Security Council stated:
The Security Council is deeply concerned with the allegations of sexual misconduct by United Nations peacekeeping personnel. The distinguished and honourable record of accomplishment in United Nations peacekeeping is being tarnished by the acts of a few individuals.
The Security Council condemns, in the strongest terms, all acts of sexual abuse and exploitation committed by United Nations peacekeeping personnel. The Council reiterates that sexual exploitation and abuse are unacceptable and have a detrimental effect on the fulfilment of mission mandates.
The Security Council, while confirming that the conduct and discipline of troops is primarily the responsibility of Troop Contributing Countries, recognizes the shared responsibility of the Secretary-General and all Member States to take every measure within their purview to prevent sexual exploitation and abuse by all categories of personnel in United Nations peacekeeping missions, to enforce United Nations standards of conduct in this regard. The Security Council reiterates the importance of ensuring that sexual exploitation and abuse are properly investigated and appropriately punished.
The Security Council underlines that the provision of an environment in which sexual exploitation and abuse are not tolerated is primarily the responsibility of managers and commanders.
The Security Council welcomes the comprehensive report on sexual exploitation and abuse by United Nations Peacekeeping Personnel (A/59/710), prepared by the Secretary-General’s Adviser on this issue, H.R.H. Prince Zeid Ra’ad Zeid Al-Hussein, permanent representative of the Hashemite Kingdom of Jordan to the United Nations. The Council also welcomes the report of the resumed session of the Special Committee on Peacekeeping (A/59/19/Add.1).
The Security Council urges the Secretary-General and Troop Contributing Countries to ensure that the recommendations of the Special Committee, which fall within their respective responsibilities, are implemented without delay.
The Security Council will consider including relevant provisions for prevention, monitoring, investigation and reporting of misconduct cases in its resolutions establishing new mandates or renewing existing mandates. In this regard, the Security Council calls on the Secretary-General to include, in his regular reporting of peacekeeping missions, a summary of the preventive measures taken to implement a zero-tolerance policy and of the outcome of actions taken against personnel found culpable of sexual exploitation and abuse. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2005/21, 31 May 2005, pp. 1–2.
UN Security Council
In 2005, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council expressed “in particular its deep concern at the use of sexual violence as a weapon of war” and called upon “all States to put an end to impunity also in this regard”. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2005/25, 21 June 2005, p. 1.
UN Security Council
In 2005, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council condemns sexual and other forms of violence against women, including trafficking in persons, and calls upon all parties to armed conflict to ensure full and effective protection of women and emphasizes the necessity to end impunity of those responsible for gender-based violence.
The Security Council reiterates its condemnation, in the strongest terms, of all acts of sexual misconduct by all categories of personnel in United Nations Peacekeeping Missions. The Council welcomes the comprehensive report on sexual exploitation and abuse by United Nations Peacekeeping Personnel (A/59/710). The Council also welcomes the report of the resumed session of the Special Committee on Peacekeeping (A/59/19/Add.1) and, taking into account resolution 59/300 of the General Assembly, urges the Secretary-General and troop-contributing countries to ensure that the recommendations of the Special Committee, which fall within their respective responsibilities, are implemented without delay. In this connection, the Council expresses its support to the efforts of the United Nations to fully implement codes of conduct and disciplinary procedures to prevent and respond to sexual exploitation and enhance monitoring and enforcement mechanisms, and notes the strategies and actions included in the System-wide Action Plan to fully implement those codes of conduct and disciplinary procedures. The Security Council urges troop-contributing countries to take appropriate preventive action, including the conduct of predeployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of misconduct involving their personnel. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2005/52, 27 October 2005, p. 3.
UN Security Council
In 2006, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council remains deeply concerned by the pervasiveness of all forms of violence against women in armed conflict, including killing, maiming, grave sexual violence, abductions and trafficking in persons. The Council reiterates its utmost condemnation of such practices and calls upon all parties to armed conflict to ensure full and effective protection of women, and emphasizes the necessity to end impunity of those responsible for gender-based violence.
The Security Council reiterates its condemnation, in the strongest terms, of all acts of sexual misconduct by all categories of personnel in United Nations Peacekeeping Missions. The Council urges the Secretary-General and troop-contributing countries to ensure the full implementation of the recommendations of the Special Committee on Peacekeeping operations (A/60/19). In this connection, the Council expresses its support for further efforts by the United Nations to fully implement codes of conduct and disciplinary procedures to prevent and respond to sexual exploitation and abuse, and enhance monitoring and enforcement mechanisms based on a zero-tolerance policy. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2006/42, 26 October 2006, p. 2.
UN Security Council
In 2006, in a statement by its President on children and armed conflict, the UN Security Council strongly condemned “the killing and maiming of children, rape and other sexual violence … by parties to armed conflict”. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2006/48, 28 November 2006, p. 2.
UN Security Council
In 2007, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council reaffirms also the need to implement fully international human rights and humanitarian law including the four Geneva Conventions that protect the rights of women and girls during and after conflicts.
The Security Council remains deeply concerned by the pervasiveness of all forms of violence against women and girls in armed conflict, including killing, maiming, grave sexual violence, abductions and trafficking in persons. The Council reiterates its utmost condemnation of such practices and calls on all parties to armed conflict to take specific measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence in situations of armed conflict.
The Security Council stresses the need to end impunity for acts of gender-based violence in situations of armed conflict and emphasizes the responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity, and war crimes including those relating to sexual and other violence against women and girls, and in this regard stresses the need to exclude these crimes, where feasible from amnesty provisions. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2007/5, 7 March 2007, p. 2.
UN Security Council
In 2007, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council strongly condemns all violations of international law, including international humanitarian law, human rights law and refugee law, committed against women and girls in situations of armed conflict, including killing, maiming, sexual violence, exploitation and abuse. In this regard, the Council urges the complete cessation by all parties of such acts with immediate effect.
The Security Council is deeply concerned that despite its repeated condemnation of all acts of violence, including killing, maiming, sexual violence, exploitation and abuse in situations of armed conflict, and despite its calls addressed to all parties to armed conflict for the cessation of such acts with immediate effect, and for the adoption of specific measures to protect women and girls from gender-based violence, particularly rape, and other forms of sexual abuse, as well as all other forms of violence, such acts remain pervasive, and in some situations have become systematic, and have reached appalling levels of atrocity. The Council stresses the need to end impunity for such acts as part of a comprehensive approach to seeking peace, justice, truth and national reconciliation. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2007/40, 23 October 2007, p. 3.
UN General Assembly
In 1993, in a resolution proclaiming the UN Declaration on the Elimination of Violence against Women, the UN General Assembly stated:
States should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination. States should pursue by all appropriate means and without delay a policy of eliminating violence against women and, to this end, should:
(a) Consider, where they have not yet done so, ratifying or acceding to the Convention on the Elimination of All Forms of Discrimination against Women or withdrawing reservations to that Convention;
(b) Refrain from engaging in violence against women;
(c) Exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons;
(d) Develop penal, civil, labour and administrative sanctions in domestic legislation to punish and redress the wrongs caused to women who are subjected to violence … 
UN General Assembly, Res. 48/104, 20 December 1993, Article 4, adopted without a vote.
UN General Assembly
In a resolution adopted in 1993, the UN General Assembly strongly condemned the practice of rape and abuse of women and children in areas of armed conflict in the former Yugoslavia and emphasized “the particularly heinous nature of the crime of rape”. It considered that “the abhorrent practice of rape and abuse of women and children” constituted a war crime. 
UN General Assembly, Res. 48/143, 20 December 1993, §§ 1–3, adopted without a vote.
UN General Assembly
In a resolution adopted in 1994 on the situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), the UN General Assembly expressed “its outrage that the systematic practice of rape continues to be used as a weapon of war against women and children and as an instrument of ethnic cleansing” and recognized that “rape in this context constitutes a war crime”. 
UN General Assembly, Res. 49/196, 23 December 1994, § 16, voting record: 150-0-14-21.
UN General Assembly
In a resolution adopted in 1995 on rape and abuse of women in the areas of armed conflict in the former Yugoslavia, the UN General Assembly:
1. Strongly condemns the abhorrent practice of rape and abuse of women and children in the areas of armed conflict in the former Yugoslavia, which constitutes a war crime;
2. Expresses its outrage that the systematic practice of rape has been used as a weapon of war and an instrument of ethnic cleansing against women and children in the Republic of Bosnia and Herzegovina;
3. Reaffirms that rape in the conduct of armed conflict constitutes a war crime and that under certain circumstances it constitutes a crime against humanity and an act of genocide as defined in the Convention on the Prevention and Punishment of the Crime of Genocide, and calls upon States to take all measures required for the protection of women and children from such acts and to strengthen mechanisms to investigate and punish all those responsible and bring the perpetrators to justice. 
UN General Assembly, Res. 50/192, 22 December 1995, §§ 1–3; see also Res. 50/193, 22 December 1995, voting record: 144-1-20-20. and Res. 51/115, 12 December 1996, §§ 1 and 3, adopted without a vote.
UN General Assembly
In a resolution adopted in 1995 on the situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), the UN General Assembly expressed its outrage that “the systematic practice of rape has been used as a weapon of war against women and children and as an instrument of ethnic cleansing, and recognizes that rape in this context constitutes a war crime”. 
UN General Assembly, Res. 50/193, 22 December 1995, § 15, voting record: 144-1-20-20.
UN General Assembly
In a resolution adopted in 1996 on the rights of the child, the UN General Assembly:
Reaffirms that rape in the conduct of armed conflict constitutes a war crime and that under certain circumstances it constitutes a crime against humanity and an act of genocide, as defined in the Convention on the Prevention and Punishment of the Crime of Genocide, and calls upon all States to take all measures required for the protection of women and children from all acts of gender-based violence, including rape, sexual exploitation and forced pregnancy, and to strengthen mechanisms to investigate and punish all those responsible and bring the perpetrators to justice. 
UN General Assembly, Res. 51/77, 12 December 1996, § 28, adopted without a vote; see also Res. 52/107, 12 December 1997, Section IV, § 12, adopted without a vote.
UN General Assembly
In a resolution adopted in 1996 on Rwanda, the UN General Assembly:
Expresses its deep concern at the intense suffering of the victims of genocide and crimes against humanity, [and] recognizes the ongoing suffering of their survivors, particularly the extremely high number of traumatized children and women victims of rape and sexual violence. 
UN General Assembly, Res. 51/114, 12 December 1996, § 3, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on the strengthening of the coordination of UN emergency humanitarian assistance, the UN General Assembly:
Welcomes the continued efforts to address the issue of sexual exploitation and sexual abuse in the context of humanitarian crises, and notes with interest the bulletin of the Secretary-General on special measures for protection from sexual exploitation and sexual abuse. 
UN General Assembly, Res. 58/114, 17 December 2003, § 13, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on the safety and security of humanitarian personnel and protection of UN personnel, the UN General Assembly strongly condemned “other forms of violence, rape and sexual assault … to which those participating in humanitarian operations are increasingly exposed”. 
UN General Assembly, Res. 58/122, 17 December 2003, preamble, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on special assistance for the economic recovery and reconstruction of the Democratic Republic of the Congo, the UN General Assembly:
Strongly condemns the acts of violence, including the latest massacres in Ituri, systematically perpetrated against civilians, including the massacres, as well as other atrocities and violations of international humanitarian law and human rights, in particular sexual violence against women and girls. 
UN General Assembly, Res. 58/123, 17 December 2003, § 6, voting record: 169-1-0-21.
UN General Assembly
In a resolution adopted in 2003 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
19. Condemns any exploitation of refugees, especially their sexual abuse and exploitation, calls for those responsible for such deplorable acts to be brought to justice, welcomes in this regard the conclusion on protection from sexual abuse and exploitation adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees at its fifty-fourth session, and notes with deep concern that inadequate protection and/or inappropriate assistance, particularly concerning the quantity and quality of food and other material assistance, increases the vulnerability of refugees and asylum-seekers to sexual abuse and exploitation;
20. Welcomes the decision of the Office of the High Commissioner to put in place a code of conduct for humanitarian personnel aimed at preventing the exploitation of refugees, especially in the area of sexual exploitation. 
UN General Assembly, Res. 58/149, 22 December 2003, §§ 19–20, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on the girl child, the UN General Assembly:
9. … urges all States to enact and enforce legislation to protect girls from all forms of violence and exploitation, including … rape, … sexual abuse, sexual exploitation, child prostitution and child pornography …
15. Also urges States to take special measures for the protection of girls affected by armed conflicts and in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape and sexual abuse, and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account the special needs of girls affected by armed conflict in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes;
16. Deplores all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crises, including those cases involving humanitarian workers and peacekeepers. 
UN General Assembly, Res. 58/156, 22 December 2003, §§ 9 and 15–16, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on the rights of the child, the UN General Assembly called upon all States to take all necessary measures, including legal reforms where appropriate:
To eliminate all forms of discrimination against girls and all forms of violence, including … rape, sexual abuse … by enacting and enforcing legislation and, where appropriate, formulating comprehensive, multidisciplinary and coordinated national plans, programmes or strategies protecting girls. 
UN General Assembly, Res. 58/157, 22 December 2003, § 33(b), voting record: 179-1-0-11.
UN General Assembly
In a resolution adopted in 2003 on human rights and mass exoduses, the UN General Assembly:
Condemns all incidents of sexual exploitation and abuse and violence against refugees and internally displaced persons, [and] encourages Governments to adopt and implement initiatives aimed at preventing, and at addressing allegations of, sexual exploitation and abuse in emergency situations. 
UN General Assembly, Res. 58/169, 22 December 2003, § 8, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on the situation of human rights in the Democratic Republic of the Congo, the UN General Assembly:
2. Condemns:
(f) The widespread recourse to sexual violence against women and children, inter alia, as a means of warfare”;
4. Urges all parties to the conflict in the Democratic Republic of the Congo:
(g) To implement all necessary measures to put an end to the widespread violations of human rights and to impunity, in particular with regard to the sexual violence against women and children. 
UN General Assembly, Res. 58/196, 22 December 2003, §§ 2(f) and 4(g), voting record: 81-2-91-17.
UN General Assembly
In a resolution adopted in 2004 on emergency international assistance for peace, normalcy and reconstruction of war-stricken Afghanistan, the UN General Assembly:
Emphasizes again the necessity of investigating allegations of current and past violations of human rights and of international humanitarian law, including violations committed against persons belonging to ethnic and religious minorities, as well as against women and girls, of facilitating the provision of efficient and effective remedies to the victims and of bringing the perpetrators to justice in accordance with international law. 
UN General Assembly, Res. 59/112 B, 8 December 2004, § 8, adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on the strengthening of the coordination of UN emergency humanitarian assistance, the UN General Assembly:
Gravely concerned that violence, including sexual abuse and sexual and other violence against women, girls and boys, continues to be, in many emergency situations, deliberately directed against civilian populations,
13. Strongly condemns all acts of violence committed against civilian populations in situations of humanitarian crisis, especially against women, girls and boys, including sexual violence and abuse, and reiterates that such acts can constitute serious violations or grave breaches of international humanitarian law and constitute, in defined circumstances, a crime against humanity and/or a war crime;
19. Expresses concern about the continued occurrence of sexual exploitation and abuse in humanitarian crises, emphasizes that the highest standards of conduct and accountability are required of all personnel serving in humanitarian and peacekeeping operations, and requests the Secretary-General to report on measures to follow up, inter alia, the Plan of Action on Protection from Sexual Exploitation and Abuse in Humanitarian Crises developed by the Inter-Agency Standing Committee and the application of the bulletin of the Secretary-General on special measures for protection from sexual exploitation and sexual abuse. 
UN General Assembly, Res. 59/141, 15 December 2004, preamble and §§ 13 and 19, adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on the situation of human rights in the Democratic Republic of the Congo, the UN General Assembly urged all parties to the conflict in the Democratic Republic of the Congo:
To take special measures to protect women and children from the appalling violence, including sexual violence, which has been and continues to be prevalent throughout the country, in particular in Ituri, North and South Kivu and other areas in the eastern part of the country, and condemns in particular the widespread use of sexual violence as a means of warfare.  
UN General Assembly, Res. 59/207, 20 December 2004, § 5(f), voting record: 76-2-100-13.
UN General Assembly
In a resolution adopted in 2004 on the safety and security of humanitarian personnel and protection of UN personnel, the UN General Assembly strongly condemned “rape and sexual assault and all forms of violence committed in particular against women … to which those participating in humanitarian operations are increasingly exposed”. 
UN General Assembly, Res. 59/211, 20 December 2004, preamble, adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on the rights of the child, the UN General Assembly called upon States to “protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, [and] who are particularly exposed to risks in connection with armed conflict, such as recruitment, sexual violence and exploitation”. 
UN General Assembly, Res. 59/261, 23 December 2004, § 35, voting record: 166-2-1-22.
UN General Assembly
In a resolution adopted in 2004 on the situation of human rights in Myanmar, the UN General Assembly called upon the Government of Myanmar to “end the systematic violations of human rights in Myanmar, including … the use of rape and other forms of sexual violence persistently carried out by members of the armed forces”. 
UN General Assembly, Res. 59/263, 23 December 2004, § 3(a), adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the 2005 World Summit Outcome, UN member States stated:
… We strongly condemn all violations of the human rights of women and girls in situations of armed conflict and the use of sexual exploitation, violence and abuse, and we commit ourselves to elaborating and implementing strategies to report on, prevent and punish gender-based violence. 
UN General Assembly, Res. 60/1, 16 September 2005, § 116, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on emergency international assistance for peace, normalcy and reconstruction of war-stricken Afghanistan, the UN General Assembly:
Continues to emphasize the necessity of investigating allegations of current and past violations of human rights and of international humanitarian law, including violations committed against persons belonging to ethnic and religious minorities, as well as against women and girls, of facilitating the provision of efficient and effective remedies to the victims and of bringing the perpetrators to justice in accordance with international law. 
UN General Assembly, Res. 60/32B, 30 November 2005, § 10, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the safety and security of humanitarian personnel and protection of UN personnel, the UN General Assembly strongly condemned “rape and sexual assault and all forms of violence committed in particular against women … to which those participating in humanitarian operations are increasingly exposed”. 
UN General Assembly, Res. 60/123, 15 December 2005, preamble, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the strengthening of the coordination of UN emergency humanitarian assistance, the UN General Assembly:
Noting with grave concern that violence, including sexual abuse and sexual and other violence against women, girls and boys, continues to be, in many emergency situations, deliberately directed against civilian populations,
5. Also calls upon States to elaborate and implement strategies to report on, prevent and punish all forms of violence against women, girls and boys, in particular sexual violence and abuse. 
UN General Assembly, Res. 60/124, 15 December 2005, preamble and § 5, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the girl child, the UN General Assembly:
Recognizing the efforts of the international community to strengthen the standards for combating sexual abuse and exploitation, and in this regard taking note of the Secretary-General’s bulletin on special measures for protection from sexual exploitation and sexual abuse and other policies and codes of conduct developed by the United Nations system to prevent and address such incidents,
9. … urges all States to enact and enforce legislation to protect girls from all forms of violence and exploitation, including … rape, … sexual abuse, sexual exploitation, child prostitution and child pornography …
15. Also urges States to take special measures for the protection of girls affected by armed conflicts and by post-conflict situations and in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape and sexual abuse, and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account the special needs of girls affected by armed conflict in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes;
16. Deplores all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crises, including those cases involving humanitarian workers and peacekeepers. 
UN General Assembly, Res. 60/141, 16 December 2005, preamble and §§ 9 and 15–16, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the situation of human rights in the Democratic Republic of the Congo, the UN General Assembly:
4. Condemns:
(a) The ongoing violations of human rights and international humanitarian law, particularly in North Kivu and South Kivu, northern Katanga and other areas in the eastern part of the Democratic Republic of the Congo, including armed violence and reprisals against the civilian population and the recourse to sexual violence against women and children, including in situations where such practices are being used as a weapon of war;
5. Urges all the parties …
(d) To take special measures to protect women and children from the appalling violence, including sexual violence, which continues to be prevalent throughout the country, in particular in the eastern part of the country, and to bring the perpetrators of such crimes to justice as soon as possible, and condemns in particular the widespread use of sexual violence as a means of warfare;
8. Urges the Secretary-General to continue his work aimed at eliminating sexual exploitation and abuse committed by personnel serving the United Nations Organization Mission in the Democratic Republic of the Congo. 
UN General Assembly, Res. 60/170, 16 December 2005, §§ 4(a), 5(d) and 8, voting record: 102-3-67-19.
UN General Assembly
In a resolution adopted in 2005 on the rights of the child, the UN General Assembly:
13. Condemns all forms of violence against children, including physical, mental and sexual violence …
22. Also calls upon States to protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to risks in connection with armed conflict, such as recruitment, sexual violence and exploitation …
30. Calls upon all States:
(a) To criminalize and penalize effectively all forms of sexual exploitation and sexual abuse of children, including all acts of paedophilia, including within the family or for commercial purposes, child pornography and child prostitution, child sex tourism, trafficking in children, the sale of children and their organs and the use of the Internet for these purposes, and to take effective measures against the criminalization of children who are victims of exploitation. 
UN General Assembly, Res. 60/231, 23 December 2005, §§ 13, 22 and 30(a), voting record: 130-1-0-60.
UN General Assembly
In a resolution adopted in 2005 on the situation of human rights in Myanmar, the UN General Assembly:
2. Expresses grave concern at:
(a) … violations suffered by persons belonging to ethnic nationalities, women and children, especially in non-ceasefire areas, including but not limited to … rape and other forms of sexual violence persistently carried out by members of the armed forces …
3. Strongly calls upon the Government of Myanmar:
(f) To end widespread rape and other forms of sexual violence persistently carried out by members of the armed forces, in particular against women belonging to ethnic nationalities, and to investigate and bring to justice any perpetrators in order to end impunity for those acts;
(l) Without further delay, to cooperate fully with the Special Rapporteur to facilitate an independent international investigation of continuing reports of sexual violence and other abuse of civilians carried out by members of the armed forces. 
UN General Assembly, Res. 60/233, 23 December 2005, §§ 2(a) and 3(f) and (l), adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on a comprehensive review of a strategy to eliminate future sexual exploitation and abuse in UN peacekeeping operations, the UN General Assembly:
Reaffirming its resolution 59/296 of 22 June 2005, as well as resolutions 59/300 and 60/263, and the need for the United Nations to implement its policy of zero tolerance of sexual exploitation and abuse in its peacekeeping operations as recommended by the Special Committee,
Affirming the need for a comprehensive strategy of assistance to victims of sexual exploitation and abuse by United Nations staff or related personnel. 
UN General Assembly, Res. 60/289, 8 September 2006, preamble, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on the criminal accountability of UN officials and experts on mission, the UN General Assembly:
Recalling its resolution 59/281 of 29 March 2005, in which it endorsed the recommendation in paragraph 56 of the report of the Special Committee on Peacekeeping Operations that the Secretary-General make available to the United Nations membership a comprehensive report on the issue of sexual exploitation and abuse in United Nations peacekeeping operations,
Recalling its resolution 59/300 of 22 June 2005 endorsing the recommendation of the Special Committee on Peacekeeping Operations that a group of legal experts be established to provide advice on the best way to proceed so as to ensure that the original intent of the Charter of the United Nations can be achieved, namely that United Nations staff and experts on mission would never be effectively exempt from the consequences of criminal acts committed at their duty station, nor unjustly penalized, in accordance with due process. 
UN General Assembly, Res. 61/29, 4 December 2006, preamble, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on the intensification of efforts to eliminate all forms of violence against women, the UN General Assembly urged States to take action to eliminate all forms of violence against women and to this end:
To protect women and girls in situations of armed conflict, post-conflict settings and refugee and internally displaced persons settings, where women are at greater risk of being targeted for violence and where their ability to seek and receive redress is often restricted, bearing in mind that peace is inextricably linked with equality between women and men and development, that armed and other types of conflicts and terrorism and hostage-taking still persist in many parts of the world and that aggression, foreign occupation and ethnic and other types of conflicts are an ongoing reality affecting women and men in nearly every region, [and] undertake efforts to eliminate impunity for all gender-based violence in situations of armed conflict. 
UN General Assembly, Res. 61/143, 19 December 2006, § 8(o), adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on trafficking in women and girls, the UN General Assembly:
Encourages Governments, relevant intergovernmental bodies and international organizations to ensure that military, peacekeeping and humanitarian personnel deployed in conflict, post-conflict and other emergency situations are provided training on conduct that does not promote, facilitate or exploit trafficking in women and girls, including for sexual exploitation, and to raise the awareness of such personnel of the potential risks to victims of conflict and other emergency situations, including natural disasters, of being trafficked. 
UN General Assembly, Res. 61/144, 19 December 2006, § 26, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on the rights of the child, the UN General Assembly:
15. Condemns all forms of violence against children, and urges States to take effective legislative and other measures to prevent and eliminate all such violence, including physical, mental, psychological and sexual violence, torture, child abuse and exploitation, hostage-taking, domestic violence, trafficking in or sale of children and their organs, paedophilia, child prostitution, child pornography, child sex tourism, gang-related violence and harmful traditional practices in all settings;
22. Calls upon States to take all necessary measures, including legal reforms where appropriate, to eliminate all forms of discrimination against girls and all forms of violence, including female infanticide and prenatal sex selection, rape, sexual abuse and harmful traditional or customary practices …
25. Also calls upon all States to protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to violence and risks in connection with armed conflict, such as recruitment, sexual violence and exploitation …
34. Calls upon all States:
(a) To criminalize and penalize effectively all forms of sexual exploitation and sexual abuse of children, including all acts of paedophilia, including within the family or for commercial purposes, child pornography and child prostitution, child sex tourism, trafficking in children, the sale of children and the use of the Internet for these purposes, and to take effective measures against the criminalization of children who are victims of exploitation. 
UN General Assembly, Res. 61/146, 19 December 2006, §§ 15, 22, 25 and 34(a), voting record: 185-1-0-6.
UN General Assembly
In a resolution adopted in 2006 on the situation of human rights in Myanmar, the UN General Assembly:
2. Expresses grave concern at:
(a) … violations suffered by persons belonging to ethnic nationalities of Myanmar, including extrajudicial killings, rape and other forms of sexual violence persistently carried out by members of the armed forces …
3. Strongly calls upon the Government of Myanmar:
(b) To take urgent measures to put an end to the military operations targeting civilians in the ethnic areas, and the associated violations of human rights and humanitarian law against persons belonging to ethnic nationalities, including widespread rape and other forms of sexual violence persistently carried out by members of the armed forces …
(e) To end impunity, and to this end:
(ii) To facilitate a genuinely independent investigation of continuing reports of sexual violence, in particular against women belonging to ethnic nationalities, and other abuse of civilians carried out by members of the armed forces in Shan, Karen, Mon and other States. 
UN General Assembly, Res. 61/232, 22 December 2006, §§ 2(a) and 3(b) and (e)(ii), voting record: 82-25-45-40.
UN General Assembly
In a resolution adopted in 2007 on a comprehensive review of a strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations, the UN General Assembly:
Reaffirming the need for the United Nations to implement its policy of zero tolerance of sexual exploitation and abuse in its peacekeeping operations, as recommended by the Special Committee on Peacekeeping Operations,
Reaffirming also the need for a comprehensive strategy of assistance to victims of sexual exploitation and abuse by United Nations staff or related personnel. 
UN General Assembly, Res. 61/267 B, 24 July 2007, preamble, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 entitled “Administrative and budgetary aspects of the financing of the United Nations peacekeeping operations: cross-cutting issues”, the UN General Assembly:
Reaffirming resolution 59/300 of 22 June 2005,
1. Underlines the great importance it attaches to the elimination of misconduct, including sexual exploitation and sexual abuse, and calls for full implementation of the United Nations zero-tolerance policy. 
UN General Assembly, Res. 61/276, 29 June 2007, Section XVI, preamble and § 1, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on the criminal accountability of UN officials and experts on mission, the UN General Assembly:
Recalling its resolution 59/281 of 29 March 2005, in which it endorsed the recommendation in paragraph 56 of the report of the Special Committee on Peacekeeping Operations that the Secretary-General make available to the United Nations membership a comprehensive report on the issue of sexual exploitation and abuse in United Nations peacekeeping operations,
Noting that the Secretary-General, on 24 March 2005, transmitted to the President of the General Assembly a report of his Adviser concerning sexual exploitation and abuse by United Nations peacekeeping personnel,
Recalling its resolution 59/300 of 22 June 2005 endorsing the recommendation of the Special Committee on Peacekeeping Operations that a group of legal experts be established to provide advice on the best way to proceed so as to ensure that the original intent of the Charter of the United Nations can be achieved, namely that United Nations staff and experts on mission would never be effectively exempt from the consequences of criminal acts committed at their duty station, nor unjustly penalized without due process,
Reaffirming also that the present resolution is without prejudice to the privileges and immunities of United Nations officials and experts on mission and the United Nations under international law,
Reaffirming further the obligation of United Nations officials and experts on mission to respect the national laws of the host State, as well as the right of the host State to exercise, where applicable, its criminal jurisdiction, in accordance with the relevant rules of international law and agreements governing operations of United Nations missions,
Deeply concerned by reports of criminal conduct, and conscious that such conduct, if not investigated and, as appropriate, prosecuted, would create the negative impression that United Nations officials and experts on mission operate with impunity,
Convinced of the need for the United Nations and its Member States to urgently take strong and effective steps to ensure criminal accountability of United Nations officials and experts on mission,
2. Strongly urges States to take all appropriate measures to ensure that crimes by United Nations officials and experts on mission do not go unpunished and that the perpetrators of such crimes are brought to justice, without prejudice to the privileges and immunities of such persons and the United Nations under international law, and in accordance with international human rights standards, including due process;
3. Strongly urges all States to consider establishing to the extent that they have not yet done so jurisdiction, particularly over crimes of a serious nature, as known in their existing domestic criminal laws, committed by their nationals while serving as United Nations officials or experts on mission, at least where the conduct as defined in the law of the State establishing jurisdiction also constitutes a crime under the laws of the host State;
4. Encourages all States to cooperate with each other and with the United Nations in the exchange of information and in facilitating the conduct of investigations and, as appropriate, prosecution of United Nations officials and experts on mission who are alleged to have committed crimes of a serious nature, in accordance with their domestic laws and applicable United Nations rules and regulations, fully respecting due process rights, as well as to consider strengthening the capacities of their national authorities to investigate and prosecute such crimes;
5. Requests the Secretariat to ensure that requests to Member States seeking personnel to serve as experts on mission make States aware of the expectation that persons who serve in that capacity should meet high standards in their conduct and behaviour and are aware that certain conduct may amount to a crime for which they may be held accountable;
9. Requests the Secretary-General to bring credible allegations that reveal that a crime may have been committed by United Nations officials and experts on mission to the attention of the States against whose nationals such allegations are made, and to request from those States an indication of the status of their efforts to investigate and, as appropriate, prosecute crimes of a serious nature, as well as the types of appropriate assistance States may wish to receive from the Secretariat for the purposes of such investigations and prosecutions.  
UN General Assembly, Res. 62/63, 6 December 2007, preamble and §§ 2–5 and 9, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 entitled “Policies and programmes involving youth: youth in the global economy – promoting youth participation in social and economic development”, the UN General Assembly adopted the “Supplement to the World Programme of Action for Youth to the Year 2000 and Beyond”. 
UN General Assembly, Res. 62/126, 18 December 2007, § 2, adopted without a vote.
According to the Supplement:
Governments should strengthen legal, policy, administrative and other measures for the promotion and protection of the full enjoyment of all human rights by youth, the protection of their dignity and the reduction of their vulnerability to HIV/AIDS through the elimination of all forms of discrimination and all types of sexual exploitation of young girls and boys, including for commercial reasons, as well as all forms of violence against women and girls, including harmful traditional and customary practices, abuse, rape and other forms of sexual violence, battering and trafficking in women and girls. 
UN General Assembly, Res. 62/126, 18 December 2007, annex: § 41, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on the elimination of rape and other forms of sexual violence in all their manifestations, including in conflict, the UN General Assembly:
Reaffirming … the obligations of States parties to the Convention on the Rights of the Child, the Geneva Conventions of 1949 and the Additional Protocols thereto, of 1977 and the International Convention on the Elimination of All Forms of Racial Discrimination,
Recalling also the inclusion of rape and other forms of gender-related crimes and crimes of sexual violence in the Rome Statute of the International Criminal Court,
Recalling further the recognition by the ad hoc international criminal tribunals that rape can constitute a war crime, a crime against humanity, or a constitutive act with respect to genocide,
Stressing that States have the obligation to promote and protect all human rights and fundamental freedoms of women and girls, and must exercise due diligence to prevent, investigate and punish the perpetrators of violence against women and girls, and to provide protection to the victims, and that failure to do so violates and impairs or nullifies the enjoyment of the human rights and fundamental freedoms of the victims,
Strongly condemning all acts of violence against women and girls, whether these acts are perpetrated by the State, by private persons or by non-State actors, calling for the elimination of all forms of gender-based violence in the family, within the general community, and where perpetrated or condoned by the State, and stressing the need to treat all forms of violence against women and girls as a criminal offence, punishable by law,
Stressing that rape or other forms of sexual violence must not be used or condoned in any circumstance by any individual, State or non-State actor,
Recognizing that rape or any other form of sexual violence is unlawful in all circumstances and in all places, regardless of the sex or age of the victim, including in detention and in jails, whether or not committed by State or non-State actors in the course of achieving political or military objectives, whether or not in the course of an international or non-international armed conflict, or in areas under foreign occupation,
Affirming the need for States to ensure that perpetrators of rape or other forms of sexual violence committed on their territory do not operate with impunity and that the perpetrators of such acts are brought to justice as provided for by national law and obligations under international law, and also affirming the need to penalize persons in authority found guilty of sexually assaulting victims,
Determined to eliminate rape and other forms of sexual violence in all their manifestations, including in conflict and related situations,
1. Urges States:
(a) To take special measures to protect women and girls from gender-based violence, in particular rape and other forms of sexual violence;
(b) To end impunity by ensuring that all rape victims, particularly women and girls, have equal protection under the law and equal access to justice and by investigating, prosecuting and punishing any person responsible for rape and other forms of sexual violence, whether or not committed by State or non-State actors in the course of achieving political or military objectives, wherever they occur, whether or not in the course of an international or non-international armed conflict, including in detention and in jails, and regardless of the sex or age of the victim;
(c) To provide victims with access to appropriate health care, including sexual and reproductive health care, psychological care and trauma counselling, as well as to rehabilitation, social reintegration and, as appropriate, effective and sufficient compensation, in accordance with relevant international and national law;
(d) To develop and implement at all levels, as required, a comprehensive and integrated strategy of prevention and prosecution of rape, and monitor the implementation of such a strategy, which should include the training of, inter alia, all relevant government and military personnel, in particular military commanders, law enforcement officials, judicial system personnel, health workers, teachers and social workers, as well as community leaders and the news media, in all appropriate aspects of the prevention and prosecution of rape and other forms of sexual violence and of protection and support for victims of such violence;
3. Urges States, in cooperation with the private sector, non-governmental organizations and other civil society actors, as appropriate:
(a) To conduct public education and awareness campaigns at the national and grass-roots levels in order to raise awareness about the causes and consequences of rape and other forms of sexual violence;
(b) To establish reception centres and shelters for victims, take other appropriate measures to promote and protect women’s rights, and provide protection, safe shelter, medical assistance, including sexual and reproductive health care, all necessary medications, including antiretroviral drugs and antibiotics, counselling for victims and their families, comprehensive information and education, legal aid, rehabilitation, and reintegration of victims and their offspring into society, in cooperation with State efforts towards protecting and supporting victims, in particular appropriate compensation that is effective and sufficient, maintaining due confidentiality and privacy of the victims and their families;
(c) To support programmes to eliminate rape and other forms of sexual violence in all their manifestations, and design programmes to provide assistance to all victims of rape;
(d) To address the long-term consequences faced by victims of rape and other forms of sexual violence, including legal discrimination and social stigmatization, as well as the effects on children born as a result of rape. 
UN General Assembly, Res. 62/134, 18 December 2007, preamble, §§ 1(a)–(d) and 3, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on the girl child, the UN General Assembly:
13. … urges all States to enact and enforce legislation to protect girls from all forms of violence and exploitation, including female infanticide and prenatal sex selection, female genital mutilation, rape, domestic violence, incest, sexual abuse, sexual exploitation, child prostitution and child pornography, trafficking and forced migration, forced labour and early and forced marriage, and to develop age-appropriate safe and confidential programmes and medical, social and psychological support services to assist girls who are subjected to violence and discrimination;
19. Urges all States and the international community to respect, promote and protect the rights of the girl child, taking into account the particular vulnerabilities of the girl child in pre-conflict, conflict and post-conflict situations, and further urges States to take special measures for the protection of girls, in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape, sexual abuse and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls …
20. Deplores all cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crises, including those cases involving humanitarian workers and peacekeepers, and urges States to take effective measures to address gender-based violence in humanitarian emergencies and to make all possible efforts to ensure that their laws and institutions are adequate to prevent, promptly investigate and prosecute acts of gender-based violence;
21. Deplores further all acts of sexual exploitation, abuse of and trafficking in women and children by military, police and civilian personnel involved in United Nations operations, welcomes the efforts undertaken by United Nations agencies and peacekeeping operations to implement a zero-tolerance policy in this regard, and requests the Secretary-General and personnel-contributing countries to continue to take all appropriate action necessary to combat these abuses by such personnel, including through the full implementation without delay of those measures adopted in the relevant General Assembly resolutions based on recommendations of the Special Committee on Peacekeeping Operations. 
UN General Assembly, Res. 62/140, 18 December 2007, §§ 13 and 19–21, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on the rights of the child, the UN General Assembly:
11. Calls upon States to take all necessary and effective measures, including legal reforms where appropriate, to eliminate all forms of discrimination against girls and all forms of violence, including female infanticide and prenatal sex selection, rape, sexual abuse and harmful traditional or customary practices …
29. Also calls upon all States to protect refugee, asylum-seeking and internally displaced children, taking into account their gender-specific needs, in particular those who are unaccompanied, who are particularly exposed to violence and risks in connection with armed conflict, such as recruitment, sexual violence and exploitation …
38. Calls upon all States:
(a) To criminalize and penalize effectively all forms of sexual exploitation and sexual abuse of children, including all acts of paedophilia, including within the family or for commercial purposes, child pornography and child prostitution, child sex tourism, trafficking in children, the sale of children and the use of the Internet and other information and communications technologies for these purposes, and to take effective measures against the criminalization of children who are victims of exploitation;
52. Condemns all forms of violence against children, including physical, mental, psychological and sexual violence, torture and other cruel, inhuman or degrading treatment, child abuse and exploitation, hostage-taking, domestic violence, trafficking in or sale of children and their organs, paedophilia, child prostitution, child pornography, child sex tourism, gang-related violence, bullying and harmful traditional practices, and urges States to strengthen efforts to prevent and protect children from all such violence through a comprehensive approach and to develop a multifaceted and systematic framework, which is integrated into national planning processes, to respond to violence against children. 
UN General Assembly, Res. 62/141, 18 December 2007, §§ 11, 29, 38(a) and 52, voting record: 183-1-0-8.
UN General Assembly
In a resolution adopted in 2007 entitled “United Nations Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse by United Nations Staff and Related Personnel”, the UN General Assembly:
Deeply concerned by and strongly condemning all acts of sexual exploitation and abuse committed by United Nations staff and related personnel,
Reiterating its support to the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse, and recalling all relevant United Nations standards of conduct and regulations, including the Secretary-General’s bulletin on the special measures for protection from sexual exploitation and sexual abuse. 
UN General Assembly, Res. 62/214, 21 December 2007, preamble, adopted without a vote.
UN Economic and Social Council
In a resolution adopted in 2003 on strengthening of the coordination of emergency humanitarian assistance of the United Nations, ECOSOC:
11. Welcomes the establishment by the Inter-Agency Standing Committee of the six core principles in the Plan of Action on Protection from Sexual Exploitation and Abuse in Humanitarian Crises, representing minimum standards of behaviour required of all United Nations civilian staff members, and urges the United Nations to take appropriate follow-up action in response to allegations of sexual violence and exploitation by humanitarian workers;
12. Encourages Governments as well as international humanitarian organizations, as appropriate, to take further initiatives to prevent, address and follow up on allegations of sexual exploitation and abuse in humanitarian emergencies, and emphasizes that the highest standards of conduct and accountability are required of all personnel serving in humanitarian and peacekeeping operations. 
ECOSOC, Res. 2003/5, 15 July 2003, §§ 11–12, adopted without a vote.
UN Economic and Social Council
In a resolution adopted in 2003 on strengthening international cooperation in preventing and combating trafficking in persons and protecting victims of such trafficking, ECOSOC:
Profoundly alarmed at the fact that trafficking in persons is a growing and profitable trade in most parts of the world, aggravated by, inter alia, poverty, armed conflict, inadequate social and economic conditions and demand in the illicit labour and sex markets,
1. Urges Member States to employ a comprehensive approach to combating trafficking in persons, incorporating law enforcement efforts and, where appropriate, the confiscation and seizure of the proceeds of trafficking, protection of victims and preventive measures, including measures against activities that draw profit from the exploitation of victims of trafficking;
2. Calls upon Member States to collaborate with a view to preventing trafficking in persons, especially for the purpose of sexual exploitation, through:
(a) Improved technical cooperation to strengthen local and national institutions aimed at preventing trafficking in persons, especially women and children, in countries of origin;
(b) Information campaigns on the techniques and methods of traffickers, programmes of education aimed at prospective targets, as well as vocational training in social skills and assistance in the re-integration of victims of trafficking into society;
(c) Focusing on post-conflict regions where patterns of human trafficking are emerging as a new phenomenon and incorporating anti-trafficking measures into early intervention;
3. Recognizes that broad international cooperation between Member States and relevant intergovernmental and nongovernmental organizations is essential to effectively counter the threat of trafficking in persons;
4. Urges Member States to take measures to ratify or accede to the United Nations Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and to implement those instruments by, inter alia:
(a) Criminalizing trafficking in persons;
(b) Promoting cooperation among law enforcement authorities in combating trafficking in persons;
(c) Establishing the offence of trafficking in persons as a predicate offence for money-laundering offences;
5. Invites Member States to adopt measures, in accordance with their domestic law and capacity, inter alia:
(a) To fight sexual exploitation with a view to abolishing it, by prosecuting and punishing those who engage in that activity. 
ECOSOC, Res. 2003/20, 22 July 2003, preamble and §§ 1–5(a), adopted without a vote.
UN Economic and Social Council
In a resolution adopted in 2004 on agreed conclusions of the Commission on the Status of Women on women’s equal participation in conflict prevention, management and resolution and in post-conflict peace-building, ECOSOC stated:
The Commission recognizes that while both men and women suffer from the consequences of armed conflict, there is a differential impact on women and girls, who are often subject to, and affected by, particular forms of violence and deprivation. The Commission calls for measures to prevent gender-based violence, including sexual violence against women and girls, as well as trafficking in human beings, especially trafficking in women and girls, arising from armed conflict and in post-conflict situations and to prosecute perpetrators of such crimes. 
ECOSOC, Res. 2004/12, 21 July 2004, § 7, adopted without a vote.
UN Economic and Social Council
In a resolution adopted in 2006 on strengthening international cooperation in preventing and combating trafficking in persons and protecting victims of such trafficking, ECOSOC:
Profoundly alarmed by the fact that trafficking in persons is a growing and profitable trade in most parts of the world, aggravated by, inter alia, poverty, armed conflict, inadequate social and economic conditions and demand in the illicit labour and sex markets,
1. Urges Member States that have not done so to consider taking measures to ratify or accede to the United Nations Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing that Convention, and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography;
2. Urges all Member States:
(a) To criminalize trafficking in persons;
(b) To promote cooperation among law enforcement authorities in combating trafficking in persons;
(c) To ensure the security and control of travel or identity documents;
(d) To establish the offence of trafficking in persons as a predicate offence for money-laundering offences;
3. Invites Member States to adopt measures, in accordance with their domestic law, inter alia:
(a) To fight sexual exploitation with a view to abolishing it, by prosecuting and punishing those who engage in that activity, not including the victims of trafficking for the purpose of sexual exploitation;
6. Calls upon Member States to collaborate with a view to preventing trafficking in persons, including for the purpose of sexual exploitation. 
ECOSOC, Res. 2006/27, 27 July 2006, preamble and §§ 1–3(a) and 6, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 1994 on the situation of human rights in the territory of the former Yugoslavia, the UN Commission on Human Rights expressed its outrage that “the systematic practice of rape continues to be used as a weapon of war against women and children and as an instrument of ‘ethnic cleansing’” and recognized that “rape in these circumstances constitutes a war crime”. 
UN Commission on Human Rights, Res. 1994/72, 9 March 1994, § 14, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 1996 on the situation of human rights in the territory of the former Yugoslavia, the UN Commission on Human Rights:
1. Condemns in the strongest terms all violations of human rights and international humanitarian law during the conflict … in particular massive and systematic violations, including … rape …, and reaffirms that all persons who plan, commit or authorize such acts will be held personally responsible and accountable;
2. Expresses its outrage that the abominable, deliberate and systematic practice of rape has been used as a weapon of war in the Republic of Bosnia and Herzegovina, recognizes that rape in this context constitutes a war crime, and calls for protection and care of rape victims, respect for the special needs of victims of sexual violence in the investigation and prosecution of alleged violations, and punishment of those responsible. 
UN Commission on Human Rights, Res. 1996/71, 23 April 1996, §§ 1–2, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 1998 on abduction of children from northern Uganda, the UN Commission on Human Rights condemned in the strongest terms all parties involved in the rape of children. 
UN Commission on Human Rights, Res. 1998/75, 22 April 1998, § 3, voting record: 24-1-27.
UN Commission on Human Rights
In a resolution adopted in 1998 on the rights of the child, the UN Commission on Human Rights reaffirmed:
That rape in the conduct of armed conflict constitutes a war crime and that under certain circumstances it constitutes a crime against humanity and an act of genocide, and calls upon all States to take all measures required for the protection of children and women from all acts of gender-based violence, including rape, sexual exploitation and forced pregnancy. 
UN Commission on Human Rights, Res. 1998/76, 22 April 1998, § 139(a), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the situation of human rights in Myanmar, the UN Commission on Human Rights:
3. Expresses its grave concern at:
(c) … reports of rape and other forms of sexual violence persistently carried out by members of the armed forces …
5. Strongly urges the Government of Myanmar:
(c) Without further delay to cooperate fully with the Special Rapporteur of the Commission on Human Rights to facilitate an independent international investigation of continuing reports of sexual violence and other abuse of civilians carried out by members of the armed forces in Shan and other States. 
UN Commission on Human Rights, Res. 2003/12, 16 April 2003, §§ 3(c) and 5(c), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the situation of human rights in the Democratic Republic of the Congo, the UN Commission on Human Rights condemned the “widespread recourse to sexual violence against women and children, including as a means of warfare” and urged all parties to the conflict to “respect the rights of women and to take special measures to protect women and children from sexual and all other forms of violence”.  
UN Commission on Human Rights, Res. 2003/15, 17 April 2003, §§ 3(f) and 4(e), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the situation of human rights in Burundi, the UN Commission on Human Rights: condemned “the intensifying violence, especially acts of rape committed against women” and urged all parties to the conflict “to end the cycle of violence and killings, especially blind violence against the civilian population”. 
UN Commission on Human Rights, Res. 2003/16, 17 April 2003, § 6, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the elimination of violence against women, the UN Commission on Human Rights:
Recalling the inclusion of gender-related crimes and crimes of sexual violence in the Rome Statute of the International Criminal Court (A/CONF.183/9), which affirms that rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and other forms of sexual violence constitute, in defined circumstances, a crime against humanity and/or a war crime, and reiterating that acts of sexual violence in situations of armed conflict can constitute serious violations or grave breaches of international humanitarian law,
5. Strongly condemns all acts of violence against women and girls and … emphasizes the duty of Governments to refrain from engaging in violence against women and to exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women and to take appropriate and effective action concerning acts of violence against women, whether those acts are perpetrated by the State, by private persons or by armed groups or warring factions, and to provide access to just and effective remedies and specialized, including medical, assistance to victims;
14. Stresses that States have an affirmative duty to promote and protect the human rights of women and girls and must exercise due diligence to prevent, investigate and punish acts of all forms of violence against women and girls, and calls upon States:
(g) To enact and, where necessary, reinforce or amend domestic legislation, including measures to enhance the protection of victims, to investigate, prosecute, punish and redress the wrongs done to women and girls subjected to any form of violence, whether in the home, the workplace, the community or society, in custody or in situations of armed conflict, to ensure that such legislation conforms with relevant international human rights instruments and humanitarian law, and to take action to investigate and punish persons who perpetrate acts of violence against women;
15. Strongly condemns violence against women committed in situations of armed conflict, such as murder, rape, including systematic rape, sexual slavery and forced pregnancy, and calls for effective responses to these violations of international human rights and humanitarian law;
16. Acknowledges the inclusion of gender-related crimes in the Rome Statute of the International Criminal Court and in the Elements of Crimes, and urges States to ratify or accede to the Rome Statute, which entered into force on 1 July 2002;
17. Stresses the importance of efforts to eliminate impunity for violence against women in situations of armed conflict, including by prosecuting gender-related crimes and crimes of sexual violence in the International Criminal Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda. 
UN Commission on Human Rights, Res. 2003/45, 23 April 2003, preamble and §§ 5, 14(g) and 15–17, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on human rights and mass exoduses, the UN Commission on Human Rights:
Expresses its grave concern at allegations of sexual exploitation of and violence against refugees and internally displaced persons, condemns all instances of abuse and exploitation of such persons, and calls on all relevant agencies to ensure the effective implementation and monitoring of the United Nations Inter-Agency Standing Committee Plan of Action on “Protection from Sexual Exploitation and Abuse in Humanitarian Crises” and other relevant codes of conduct. 
UN Commission on Human Rights, Res. 2003/52, 24 April 2003, § 10, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on impunity, the UN Commission on Human Rights:
Stresses the importance of bringing to justice those responsible for gender-related crimes and crimes of sexual violence that constitute in defined circumstances crimes against humanity and/or war crimes and/or serious violations or grave breaches of international humanitarian law. 
UN Commission on Human Rights, Res. 2003/72, 25 April 2003, § 11, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights expressed its deep concern “at reported cases of rape, arbitrary and summary executions, torture and other cruel, inhuman or degrading treatment or punishment and violence, in particular against women and children”. 
UN Commission on Human Rights, Res. 2003/78, 25 April 2003, § 5, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the rights of the child, the UN Commission on Human Rights:
22. Calls upon all States to take all appropriate national, bilateral and multilateral measures to prevent, and to protect children from, all forms of physical, sexual and psychological violence …
27. Calls upon all States …
(b) To eliminate all forms of discrimination against girls and all forms of violence, including … rape, sexual abuse and harmful traditional or customary practices …
32. Calls upon all States to protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, [and those] who are particularly exposed to risks in connection with armed conflict, such as … sexual violence and exploitation. 
UN Commission on Human Rights, Res. 2003/86, 25 April 2003, §§ 22, 27(b) and 32, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on the elimination of violence against women, the UN Commission on Human Rights:
Recalling the inclusion of genderrelated crimes and crimes of sexual violence in the Rome Statute of the International Criminal Court (A/CONF.183/9), which affirms that rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and other forms of sexual violence constitute, in defined circumstances, a crime against humanity and/or a war crime, and reiterating that acts of sexual violence in situations of armed conflict can constitute serious violations or grave breaches of international humanitarian law,
3. Strongly condemns all acts of violence against women and girls and in this regard calls, in accordance with the Declaration on the Elimination of Violence against Women, for the elimination of all forms of genderbased violence in the family, within the general community and where perpetrated or condoned by the State, and emphasizes the duty of Governments to refrain from engaging in violence against women and to take appropriate and effective action concerning acts of violence against women, whether those acts are perpetrated by the State, by private persons or nonState actors, and to provide access to just and effective remedies and specialized, including medical, assistance to victims;
15. Stresses that States have an affirmative duty to promote and protect the human rights and fundamental freedoms of women and girls and must exercise due diligence to prevent, investigate and punish all acts of violence against women and girls, and calls upon States:
(h) To enact and, where necessary, reinforce or amend domestic legislation, including measures to enhance the protection of victims, to investigate, prosecute, punish and redress the wrongs done to women and girls subjected to any form of violence, whether in the home, the workplace, the community or society, in custody or in situations of armed conflict, to ensure that such legislation conforms with relevant international human rights instruments and international humanitarian law, and to take action to investigate and punish persons who perpetrate acts of violence against women;
16. Strongly condemns violence against women committed in situations of armed conflict, such as murder, rape, including systematic rape, sexual slavery and forced pregnancy, and calls for effective responses to these violations of human rights and international humanitarian law;
18. Acknowledges the inclusion of genderrelated crimes in the Rome Statute of the International Criminal Court and in the Elements of Crimes, adopted by the Assembly of State Parties to the Rome Statute in September 2002, and urges States to ratify or accede to the Rome Statute, which entered into force on 1 July 2002;
19. Stresses the importance of efforts to eliminate impunity for violence against women and girls in situations of armed conflict, including by prosecuting genderrelated crimes and crimes of sexual violence by providing protective measures, counselling and other appropriate assistance, to victims and witnesses in international and internationallysupported courts and tribunals. 
UN Commission on Human Rights, Res. 2004/46, 20 April 2004, preamble and §§ 3, 15(g), 16 and 18–19, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on the rights of the child, the UN Commission on Human Rights:
22. Calls upon all States to take all appropriate national, bilateral and multilateral measures to prevent, and to protect children from, all forms of physical, sexual and psychological violence …
27. Calls upon all States …
(b) To eliminate all forms of discrimination against girls and all forms of violence, including … rape, sexual abuse and harmful traditional or customary practices …
32. Calls upon all States to protect refugee, asylumseeking and internally displaced children, in particular those who are unaccompanied, [and those] who are particularly exposed to risks in connection with armed conflict, such as … sexual violence and exploitation;
37. Calls upon all States:
(d) To criminalize and effectively penalize all forms of sexual exploitation and sexual abuse of children …
41. Recognizes the inclusion in the Rome Statute of the International Criminal Court (A/CONF.183/9), as a war crime, of crimes involving sexual violence. 
UN Commission on Human Rights, Res. 2004/48, 20 April 2004, §§ 22, 27(b), 32, 37(d) and 41, voting record: 52-1-0.
UN Commission on Human Rights
In a resolution adopted in 2004 on the situation of human rights in Myanmar, the UN Commission on Human Rights:
3. Expresses its grave concern at:
(d) … rape and other forms of sexual violence persistently carried out by members of the armed forces …
5. Strongly urges the Government of Myanmar:
(g) Without further delay to cooperate fully with the Special Rapporteur to facilitate an independent international investigation of continuing reports of sexual violence and other abuse of civilians carried out by members of the armed forces in Shan and other states. 
UN Commission on Human Rights, Res. 2004/61, 21 April 2004, §§ 3(d) and 5(g), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on impunity, the UN Commission on Human Rights urged States “to bring to justice those responsible for gender-related crimes and crimes of sexual violence that constitute, in defined circumstances, genocide, crimes against humanity, or war crimes”. 
UN Commission on Human Rights, Res. 2004/72, 21 April 2004, § 6, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on the protection of UN personnel, the UN Commission on Human Rights strongly condemned “rape and sexual assault … and other hostile acts against United Nations and associated personnel and other personnel acting under the authority of United Nations operations, as well as personnel of international humanitarian organizations”. 
UN Commission on Human Rights, Res. 2004/77, 21 April 2004, preamble, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights:
5. Expresses deep concern at reported cases of rape, arbitrary and summary executions, torture and other cruel, inhuman or degrading treatment or punishment and violence, in particular against women and children …
7. Expresses deep concern at the prevalence of sexual violence, in particular among displaced children, imprisoned children and children engaged in exploitative and hazardous labour. 
UN Commission on Human Rights, Res. 2004/80, 21 April 2004, §§ 5 and 7, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on technical cooperation and advisory services in Liberia, the UN Commission on Human Rights expressed its deep concern at “[t]he extent of sexual violence perpetrated against women and girls”. 
UN Commission on Human Rights, Res. 2004/83, 21 April 2004, § 3(c), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on technical cooperation and advisory services in the Democratic Republic of the Congo, the UN Commission on Human Rights condemned “[t]he widespread recourse to sexual violence against women and children, as a means of subduing the civilian population” and urged all parties “[t]o respect and promote the full exercise of all human rights by women and to take special measures to protect women and children from all sexual and other forms of violence”. 
UN Commission on Human Rights, Res. 2004/84, 21 April 2004, §§ 3(d) and 4(h), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on the situation of human rights in Myanmar, the UN Commission on Human Rights:
3. Expresses its grave concern at:
(f) … rape and other forms of sexual violence persistently carried out by members of the armed forces …
5. Also calls upon the Government of Myanmar:
(d) To end widespread rape and other forms of sexual violence persistently carried out by members of the armed forces, in particular against women belonging to ethnic minorities, and to investigate and bring to justice any perpetrators in order to end impunity for these acts;
6. Further calls upon the Government of Myanmar:
(b) Without further delay to cooperate fully with the Special Rapporteur to facilitate an independent international investigation of continuing reports of sexual violence and other abuse of civilians carried out by members of the armed forces in Shan and other states. 
UN Commission on Human Rights, Res. 2005/10, 14 April 2005, §§ 3(f), 5(d) and 6(b), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on the elimination of violence against women, the UN Commission on Human Rights:
Recalling the inclusion of genderrelated crimes and crimes of sexual violence in the Rome Statute of the International Criminal Court, which affirms that rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and other forms of sexual violence of comparable gravity constitute, in defined circumstances, a crime against humanity and/or a war crime, and reiterating that acts of sexual violence in situations of armed conflict can constitute serious violations or grave breaches of international humanitarian law,
2. Reaffirms that the term “violence against women” means any act of genderbased violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women …
3. Strongly condemns all acts of violence against women and girls, whether these acts are perpetrated by the State, by private persons or non-State actors, and calls for the elimination of all forms of genderbased violence in the family, within the general community and where perpetrated or condoned by the State, in accordance with the Declaration on the Elimination of Violence against Women, and stresses the need to treat all forms of violence against women and girls as a criminal offence, punishable by law, as well as the duty to provide access to just and effective remedies and specialized assistance to victims, including medical and psychological assistance, as well as effective counselling;
17. Stresses that States have an affirmative duty to promote and protect the human rights and fundamental freedoms of women and girls and must exercise due diligence to prevent, investigate and punish all acts of violence against women and girls, and calls upon States:
(k) To enact and, where necessary, reinforce or amend domestic legislation, including measures to enhance the protection of victims, to investigate, prosecute, punish and redress the wrongs done to women and girls subjected to any form of violence, whether in the home, the workplace, the community or society, in custody or in situations of armed conflict, to ensure that such legislation conforms with relevant international human rights instruments and international humanitarian law, to abolish existing laws, regulations, customs and practices which constitute discrimination against women, to remove gender bias in the administration of justice, and to take action to investigate and punish persons who perpetrate acts of violence against women and girls;
(q) To develop and/or enhance, including through funding, training programmes for judicial, legal, medical, social, educational, police, correctional service, military, peacekeeping, humanitarian relief and immigration personnel, in order to prevent the abuse of power leading to violence against women and girls and to sensitize such personnel to the nature of genderbased acts and threats of violence;
(r) To provide gendersensitive training to all actors, as appropriate, in peacekeeping missions in dealing with female victims of violence, including sexual violence and, in this regard, acknowledges the important role of peace support operations personnel in eliminating violence against women and girls, and calls upon States to promote, and relevant agencies of the United Nations system and regional organizations to ensure full and effective implementation of the Ten Rules Code of Personal Conduct for Blue Helmets;
18. Strongly condemns violence against women and girls committed in situations of armed conflict, such as murder, rape, including widespread and systematic rape, sexual slavery and forced pregnancy, and calls for effective responses to these violations of human rights and international humanitarian law;
20. Acknowledges the inclusion of genderrelated crimes in the Rome Statute of the International Criminal Court and in the Elements of Crimes, adopted by the Assembly of State Parties to the Rome Statute in September 2002, and urges States to ratify or accede to the Rome Statute, which entered into force on 1 July 2002;
21. Stresses the importance of, and critical need for, concerted efforts to eliminate impunity for violence against women and girls in situations of armed conflict, including by prosecuting genderrelated crimes and crimes of sexual violence, by providing protective measures, counselling and other appropriate assistance to victims and witnesses, by integrating a gender perspective into all efforts to eliminate impunity, including in international, internationally supported and domestic courts and other tribunals, commissions of inquiry and commissions for achieving truth and reconciliation, and invites the Special Rapporteur to report, as appropriate, on these mechanisms. 
UN Commission on Human Rights, Res. 2005/41, 19 April 2005, preamble and §§ 2–3, 17(k), (q)–(r), 18 and 20–21, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on the abduction of children in Africa, the UN Commission on Human Rights:
1. Condemns the practice of abduction of children for various purposes, inter alia, for involvement in armed forces or armed groups, for participation in hostilities, for sexual exploitation and forced labour;
2. Also condemns the abduction of children from camps of refugees and internally displaced persons by armed forces and armed groups, and their subjection of children to participation in fighting, torture, killing and rape as victims and as perpetrators. 
UN Commission on Human Rights, Res. 2005/43, 19 April 2005, §§ 1–2, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on the rights of the child, the UN Commission on Human Rights:
14. Calls upon all States:
(a) To take all appropriate measures to prevent, and to protect children from, all forms of violence, including physical, mental and sexual violence …
21. Calls upon all States to take all necessary measures, including legal reforms where appropriate:
(b) To eliminate all forms of discrimination and violence against girls, including … rape, sexual abuse … , including addressing their root causes, by enacting and enforcing legislation and, where appropriate, formulating comprehensive, multidisciplinary and coordinated national plans, programmes or strategies protecting girls;
26. Calls upon all States to protect refugee, asylumseeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to risks in connection with armed conflict and post-conflict situations, such as recruitment, sexual violence and exploitation …
32. Calls upon all States:
(a) To criminalize and effectively penalize all forms of sexual exploitation and sexual abuse of children …
34. Recognizes the inclusion in the Rome Statute of the International Criminal Court, as a war crime, of crimes involving sexual violence and crimes of conscripting or enlisting children under the age of 15 years or using them to participate actively in hostilities in both international and non-international armed conflicts;
36. … urges all parties to armed conflict to end … violations against children, including … rape or other sexual violence …
38. Calls upon States:
(d) To take effective preventive measures against sexual exploitation and abuse by their military and civilian peacekeepers and hold them to account;
39. Calls upon:
(c) All States and relevant United Nations bodies and agencies and regional organizations to integrate the rights of the child into all activities in conflict and postconflict situations, to ensure adequate child protection training of their staff and personnel, including through the drafting and dissemination of codes of conduct addressing the issue of sexual exploitation and abuse of children, to ensure that States take effective preventive measures against sexual exploitation and abuse by their military and civilian peacekeepers and hold them to account, and to facilitate the participation of children in the development of strategies in this regard, making sure that there are opportunities for children’s voices to be heard and given due weight in accordance with the age and maturity of the child. 
UN Commission on Human Rights, Res. 2005/44, 19 April 2005, §§ 14(a), 21(b), 26, 32(a), 34, 36, 38(d) and 39(c), voting record: 52-1-0.
UN Commission on Human Rights
In a resolution adopted in 2005 on human rights and mass exoduses, the UN Commission on Human Rights:
Expresses its grave concern at allegations of sexual exploitation of and violence against refugees and internally displaced persons, condemns all instances of abuse and exploitation of such persons, and calls on all relevant agencies to ensure the effective implementation and monitoring of the Plan of Action on Protection from Sexual Exploitation and Abuse in Humanitarian Crises drawn up by the Inter-Agency Standing Committee, other relevant codes of conduct and the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13). 
UN Commission on Human Rights, Res. 2005/48, 19 April 2005, § 11, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on advisory services and technical assistance in Burundi, the UN Commission on Human Rights declared its profound concern at “the sexual violence against women and children” and requested “the Transitional Government to take, in cooperation with civil society, special measures to protect women and children”. 
UN Commission on Human Rights, Res. 2005/75, 20 April 2005, § 20, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on technical cooperation and advisory services in Nepal, the UN Commission on Human Rights:
Deeply concerned about the situation of human rights in Nepal, including violations attributed to the security forces, in particular … all forms of sexual violence … and also deeply concerned about the prevailing situation of impunity,
Strongly condemning all acts of violence against civilians and other criminal acts such as attacks against life, physical integrity and personal liberty and safety, including … all forms of sexual violence and extortion, committed by members of the Communist Party of Nepal (Maoist),
4. Strongly condemns the repeated practices of members of the Communist Party of Nepal (Maoist), such as:
(a) Unlawful killings, rape, extortions, forced displacement, mass abduction and forced recruitment and labour targeted at civilians;
8. Urges the Government of Nepal:
(a) To take all necessary measures to prevent and put an end to … all forms of sexual violence …
(e) To take appropriate measures to protect women and girls from gender-based violence, as emphasized by the Security Council in resolution 1325 (2000), and to prevent and prosecute traffickers in women and children. 
UN Commission on Human Rights, Res. 2005/78, 20 April 2005, preamble and §§ 4(a) and 8(a) and (e), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on impunity, the UN Commission on Human Rights urged States “to bring to justice those responsible for gender-related crimes and crimes of sexual violence, including those that constitute, in defined circumstances, genocide, crimes against humanity, or war crimes”. 
UN Commission on Human Rights, Res. 2005/81, 21 April 2005, § 7, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on the situation of human rights in the Sudan, the UN Commission on Human Rights condemned “[t]he violence against civilians and sexual violence against women and girls” and called upon all parties to the conflict to “cease all acts of violence immediately, and protect women and girls from sexual and other forms of violence”. 
UN Commission on Human Rights, Res. 2005/82, 21 April 2005, preamble and §§ 2(b) and 3(d), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights:
5. Expresses deep concern at:
(a) The reported cases of rape, arbitrary and summary executions, torture and other cruel, inhuman or degrading treatment or punishment and violence … in particular against women and children …
(b) The prevalence of sexual violence and abuse, in particular among displaced children, [and] children engaged in exploitative and hazardous labour. 
UN Commission on Human Rights, Res. 2005/83, 21 April 2005, § 5(a)(b), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on technical cooperation and advisory services in the Democratic Republic of the Congo, the UN Commission on Human Rights:
1. Welcomes:
(e) The joint initiative of the Government of the Democratic Republic of the Congo, United Nations agencies and non-governmental organizations to combat sexual violence against women and children;
4. Condemns:
(a) The violations of human rights and international humanitarian law, particularly in Ituri, North Kivu and South Kivu, northern Katanga and other areas in the eastern part of the Democratic Republic of the Congo, including armed violence and reprisals against the civilian population and the recourse to sexual violence against women and children, which is being used as a weapon of war;
5. Urges all the parties, including non-signatories of the Global and All-Inclusive Agreement on the Transition in the Democratic Republic of the Congo, signed in Pretoria on 17 September 2002:
(f) To respect and promote the full exercise of all human rights by women and to take special measures to protect women and children from all sexual and other forms of violence. 
UN Commission on Human Rights, Res. 2005/85, 21 April 2005, §§ 1(e), 4(a) and 5(f), adopted without a vote.
UN Human Rights Council
In a resolution adopted in 2007 on the situation of human rights in Darfur, the UN Human Rights Council:
Expresses its deep concern regarding the seriousness of the ongoing violations of human rights and international humanitarian law in Darfur, including armed attacks on the civilian population and humanitarian workers, widespread destruction of villages, and continued and widespread violence, in particular gender-based violence against women and girls, as well as the lack of accountability of perpetrators of such crimes. 
UN Human Rights Council, Res. 4/8, 30 March 2007, § 3, adopted without a vote.
UN Sub-Commission on Human Rights
In a resolution adopted in 1995 on the situation in the territory of the former Yugoslavia, the UN Sub-Commission on Human Rights condemned rape as a war crime. 
UN Sub-Commission on Human Rights, Res. 1995/8, 18 August 1995, § 7.
UN Sub-Commission on Human Rights
In a resolution adopted in 1998, following a study by the Special Rapporteur on systematic rape, sexual slavery and slavery-like practices during armed conflict, including internal armed conflict, the UN Sub-Commission on Human Rights reiterated the Rapporteur’s view that “the existing international legal frameworks of humanitarian law, human rights law and criminal law clearly prohibit and criminalize sexual violence … in all circumstances”. 
UN Sub-Commission on Human Rights, Res. 1998/18, 21 August 1998, § 3
UN Secretary-General
In 1996, in a report on the impact of armed conflict on children, the expert appointed by the UN Secretary-General recommended that “practical protection measures to prevent sexual violence … must be a priority in all assistance programmes in refugee and displaced [persons] camps”. The report further stated:
Acts of gender-based violence, particularly rape, committed during armed conflicts constitute a violation of international humanitarian law. When it occurs on a massive scale or as a matter of orchestrated policy, this added dimension is recognized … as a crime against humanity.
The report also emphasized that “unwanted pregnancy resulting from forced impregnation should be recognized as a distinct harm”. 
Expert appointed by the UN Secretary-General on the Impact of Armed Conflict on Children, Report, UN Doc. A/51/306, 26 August 1996, §§ 90(c), 91 and 104.
UN Secretary-General
In 1998, in a report on assistance to unaccompanied refugee minors, which included a section on internally displaced children, the UN Secretary-General noted that UNICEF had been “pressing for an end to the systematic abduction of children from northern Uganda by members of an armed group” to base camps in southern Sudan where they were reportedly “tortured, enslaved, raped and otherwise abused”.  
UN Secretary-General, Assistance to unaccompanied refugee minors, Report, UN Doc. A/53/ 325, 26 August 1998, § 20.
UN Secretary-General
In 2000, in his report on the establishment of a Special Court for Sierra Leone, the UN Secretary-General stated that common Article 3 of the 1949 Geneva Conventions and Article 4 of the 1977 Additional Protocol II “have long been considered customary international law”. 
UN Secretary-General, Report on the establishment of a Special Court for Sierra Leone, UN Doc. S/2000/915, 4 October 2000, § 14.
UN Commission on Human Rights (Special Rapporteur)
In 1996, in a report on her mission to the Democratic People’s Republic of Korea, the Republic of Korea and Japan on the issue of military sexual slavery in wartime, the Special Rapporteur of the UN Commission on Human Rights on violence against women, its causes and consequences argued that:
Even if it is considered that the 1949 Geneva Conventions are not evidence of customary international law because of ratione temporis and that the 1929 Geneva Convention is not applicable because Japan was not a signatory, Japan was a party to the Hague Convention and Annexed Regulations concerning the Laws and Customs of War on Land of 1907. The Regulations are not applicable if all belligerents are not parties to the Convention (art. 2) but its provisions would be a clear example of customary international law operating at that time. Article 46 of the Hague Regulations places on States the obligation to protect family honour and rights. Family honour has been interpreted to include the right of women in the family not to be subjected to the humiliating practice of rape. 
UN Commission on Human Rights, Special Rapporteur on Violence against Women, its Causes and Consequences, Report, UN Doc. E/CN.4/1996/53/Add.1, 4 January 1996, § 101.
The Special Rapporteur also stated: “The abduction and systematic rape of women and girl children in the case of ‘comfort women’ clearly constituted an inhumane act against the civilian population and a crime against humanity.” 
UN Commission on Human Rights, Special Rapporteur on Violence against Women, its Causes and Consequences, Report, UN Doc. E/CN.4/1996/53/Add.1, 4 January 1996, § 113.
UN Commission on Human Rights (Special Rapporteur)
In 1998, in a report on violence against women, its causes and consequences, the Special Rapporteur of the UN Commission on Human Rights stated:
Until recently, violence against women in armed conflict has been couched in terms of “protection” and “honour”. Article 27 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War treats violence against women as a crime of honour rather than as a crime of violence. By using the honour paradigm, linked as it is to concepts of chastity, purity and virginity, stereotypical concepts of femininity have been formally enshrined in humanitarian law. Thus, criminal sexual assault, in both national and international law, is linked to the morality of the victim. When rape is perceived as a crime against honour or morality, shame commonly ensues for the victim, who is often viewed by the community as “dirty” or “spoiled”. Consequently, many women will neither report nor discuss the violence that has been perpetrated against them. The nature of rape and the silence that tends to surround it makes it a particularly difficult human rights violation to investigate.
Perhaps more than the honour of the victim, it is the perceived honour of the enemy that is targeted in the perpetration of sexual violence against women; it is seen and often experienced as a means of humiliating the opposition. Sexual violence against women is meant to demonstrate victory over the men of the other group who have failed to protect their women. It is a message of castration and emasculation of the enemy group. It is a battle among men fought over the bodies of women. 
UN Commission on Human Rights, Special Rapporteur on Violence against Women, its Causes and Consequences, Report, UN Doc. E/CN.4/1998/54, 26 January 1998, Part I, §§ 4 and 5.
UN Commission on Human Rights (Special Rapporteur)
In 1998, in her final report on systematic rape, sexual slavery and slavery-like practices during armed conflict, the Special Rapporteur of the UN Commission on Human Rights defined “sexual violence” as:
any violence, physical or psychological, carried out through sexual means or by targeting sexuality. Sexual violence covers both physical and psychological attacks directed at a person’s sexual characteristics, such as forcing a person to strip naked in public, mutilating a person’s genitals, or slicing off a woman’s breasts. 
UN Commission on Human Rights, Special Rapporteur on the Situation of Systematic Rape, Sexual Slavery and Slavery-like Practices during Wartime, Final report, UN Doc. E/CN.4/ Sub.2/1998/13, 22 June 1998, § 21.
The Special Rapporteur further stated that the following constituted rape:
The insertion, under conditions of force, coercion or duress, of any object, including but not limited to a penis, into a victim’s vagina or anus; or the insertion, under conditions of force, coercion or duress, of a penis into the mouth of the victim. Rape is defined in gender-neutral terms, as both men and women are victims of rape. 
UN Commission on Human Rights, Special Rapporteur on the Situation of Systematic Rape, Sexual Slavery and Slavery-like Practices during Wartime, Final report, UN Doc. E/CN.4/ Sub.2/1998/13, 22 June 1998, § 24.
The Special Rapporteur also stated that “sexual slavery” should be understood:
to be the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including sexual access through rape or other forms of sexual violence.
In addition to treaty law, the prohibition of slavery is a jus cogens norm in customary international law. The crime of slavery does not require government involvement or State action, and constitutes an international crime whether committed by State actors or private individuals. 
UN Commission on Human Rights, Special Rapporteur on the Situation of Systematic Rape, Sexual Slavery and Slavery-like Practices during Wartime, Final report, UN Doc. E/CN.4/ Sub.2/1998/13, 22 June 1998, §§ 27–28.
With regard to the nature of sexual offences, while the Rapporteur asserted that they constituted crimes against humanity, she considered that “acts of sexual slavery and sexual violence may constitute war crimes in certain cases”. 
UN Commission on Human Rights, Special Rapporteur on the Situation of Systematic Rape, Sexual Slavery and Slavery-like Practices during Wartime, Final report, UN Doc. E/CN.4/ Sub.2/1998/13, 22 June 1998, § 56.
UN Commission on Human Rights (Special Rapporteur)
In 2001, in a report on violence against women perpetrated and/or condoned by the State during times of armed conflict, the Special Rapporteur of the UN Commission on Human Rights stated:
Violence against women during wartime continues to involve horrendous crimes that must shock the conscience of humanity. Despite the significant progress that has been made in recent years to strengthen legal prohibitions against rape and other sexual violence, women and girls throughout the world continue to be the victims of unimaginable brutality. As the case studies illustrate, gender-based violence can take a variety of forms. Since 1997, women and girls have been raped – vaginally, anally and orally – sometimes with burning wood, knives or other objects. They have been raped by government forces and non-State actors, by police responsible for their protection, by refugee camp and border guards, by neighbours, local politicians, and sometimes family members under threat of death. They have been maimed or sexually mutilated, and often later killed or left to die. Women have been subjected to humiliating strip searches, forced to parade or dance naked in front of soldiers or in public, and to perform domestic chores while nude. 
UN Commission on Human Rights, Special Rapporteur on Violence against Women, its Causes and Consequences, Report, UN Doc. E/CN.4/2001/73, 23 January 2001, § 44.
UN High Commissioner on Human Rights
Principle 2 of the Recommended Principles on Human Rights and Human Trafficking which are contained in a report of the UNHCHR of 2002 provides: “States have a responsibility under international law to act with due diligence to prevent trafficking, to investigate and prosecute traffickers and to assist and protect trafficked persons.” Principles 12–16 furthermore provide:
12. States shall adopt appropriate legislative and other measures necessary to establish, as criminal offences, trafficking, its component acts and related conduct.
13. States shall effectively investigate, prosecute and adjudicate trafficking, including its component acts and related conduct, whether committed by governmental or by non-State actors.
14. States shall ensure that trafficking, its component acts and related offences constitute extraditable offences under national law and extradition treaties. States shall cooperate to ensure that the appropriate extradition procedures are followed in accordance with international law.
15. Effective and proportionate sanctions shall be applied to individuals and legal persons found guilty of trafficking or of its component or related offences.
16. States shall, in appropriate cases, freeze and confiscate the assets of individuals and legal persons involved in trafficking. To the extent possible, confiscated assets shall be used to support and compensate victims of trafficking. 
UNHCHR, Recommended Principles and Guidelines on Human Rights and Human Trafficking, Report to ECOSOC, UN Doc. E/2002/68/Add.1, 20 May 2002, Recommended Principles on Human Rights and Human Trafficking, Principles 2 and 12–16.
UN High Commissioner on Human Rights
Guideline 4 of the Recommended Guidelines on Human Rights and Human Trafficking which are contained in a report of the UNHCHR of 2002 provides:
States should consider:
1. Amending or adopting national legislation in accordance with international standards so that the crime of trafficking is precisely defined in national law and detailed guidance is provided as to its various punishable elements. All practices covered by the definition of trafficking such as debt bondage, forced labour and enforced prostitution should also be criminalized.
2. Enacting legislation to provide for the administrative, civil and, where appropriate, criminal liability of legal persons for trafficking offences in addition to the liability of natural persons. Reviewing current laws, administrative controls and conditions relating to the licensing and operation of businesses that may serve as cover for trafficking such as marriage bureaux, employment agencies, travel agencies, hotels and escort services.
3. Making legislative provision for effective and proportional criminal penalties (including custodial penalties giving rise to extradition in the case of individuals). Where appropriate, legislation should provide for additional penalties to be applied to persons found guilty of trafficking in aggravating circumstances, including offences involving trafficking in children or offences committed or involving complicity by State officials.
4. Making legislative provision for confiscation of the instruments and proceeds of trafficking and related offences. Where possible, the legislation should specify that the confiscated proceeds of trafficking will be used for the benefit of victims of trafficking. Consideration should be given to the establishment of a compensation fund for victims of trafficking and the use of confiscated assets to finance such a fund.
11. Making legislative provision for the punishment of public sector involvement or complicity in trafficking and related exploitation. 
UNHCHR, Recommended Principles and Guidelines on Human Rights and Human Trafficking, Report to ECOSOC, UN Doc. E/2002/68/Add.1, 20 May 2002, Recommended Guidelines on Human Rights and Human Trafficking, Guideline 4.
Council of Europe Committee of Ministers
In a declaration adopted in 1993, the Council of Europe Committee of Ministers stated that it condemned the systematic practice of rape in Bosnia and Herzegovina and reaffirmed that the use of sexual violence as an instrument of warfare constituted a war crime. 
Council of Europe, Committee of Ministers, Declaration on the Rape of Women and Children in the Territory of Former Yugoslavia, 18 February 1993, § 4.
Council of Europe Parliamentary Assembly
In a resolution adopted in 1993 on the massive and flagrant violations of human rights in the territory of the former Yugoslavia, the Council of Europe Parliamentary Assembly declared its “profound consternation … at the perpetration of crimes against humanity such as … the systematic rape of women belonging to minority groups, and in particular to the Muslim population”. 
Council of Europe, Parliamentary Assembly, Res. 994, 3 February 1993, § 1.
European Parliament
In a resolution adopted in 1993, the European Parliament expressed its view that the International Criminal Tribunal for the former Yugoslavia should “consider acts of violence against women committed in former Yugoslavia”. 
European Parliament, Resolution on human rights in the world and Community human rights policy for the years 1991–92, 26 April 1993, §§ 7 and 8.
European Parliament
In a resolution adopted in 1993 on the rape of women in the former Yugoslavia, the European Parliament demanded that the systematic abuse of women be considered a war crime and a crime against humanity and called for the revision of existing military codes of conduct to set up new guidelines on the collection of evidence on the incidence of rape. 
European Parliament, Resolution on the rape of women in the former Yugoslavia, 11 March 1993, §§ 1, 3 and 4.
European Community
In 1993, the EC Investigative Mission into the Treatment of Muslim Women in the Former Yugoslavia stated: “The mission believes there is now a strong case for clearly identifying [rape as a war crime], irrespective of whether they occur in national or international conflicts.” 
EC, Report of the investigative mission into the treatment of Muslim women in the former Yugoslavia, annexed to Letter dated 2 February 1993 from Denmark to the UN Secretary-General, UN Doc. S/25240, 3 February 1993, Annex I, § 42.
Economic Community of West African States
In 2001, ECOWAS adopted a declaration on the fight against trafficking in persons in which the members committed themselves to:
Adopt, as quickly as possible, such legislative and other measures as that are necessary to establish as criminal offences the trafficking in persons within, between, or from, their territory; to organize, direct, or participate as an accomplice, in this trafficking. 
ECOWAS, Declaration on the Fight against Trafficking in Persons (Decl. A/DC12/12/01), 25th Ordinary Session of Authority of Heads of State and Government, Dakar, 20–21 December 2001, § 5.
GCC Supreme Council
In the Final Communiqué of its 13th Session in 1992, the GCC Supreme Council stated that it followed with grave concern and deep regret the degradation of the situation in Bosnia and Herzegovina, including the “carrying out of the worst crimes of … rape” perpetrated by the irregular Serbian troops. 
GCC, Supreme Council, 13th Session, Abu Dhabi, 21–23 December 1992, Final Communiqué, annexed to Letter dated 24 December 1992 from the United Arab Emirates to the UN Secretary-General, UN Doc. A/47/845-S/25020, 30 December 1992, p. 8.
Organization of American States
In 2002, the OAS Inter-American Commission of Women adopted a resolution on fighting the crime of trafficking in persons, especially women, adolescents, and children, in which it acknowledged “that trafficking in women and children for labour-related and sexual exploitation purposes and other contemporary forms of slavery constitute a violation of human rights”. It also reaffirmed:
That trafficking in women, adolescents, and children for exploitation in the Americas is an offense that must be prevented, suppressed, and punished through the adoption of a multidimensional approach involving the judicial system, the national and border police, immigration authorities, health and labor ministries, consulates, and civil society, as well as the victims and their families. 
OAS, Inter-American Commission of Women, Res. CIM/RES. 225 (XXXI-0/02), Fighting the Crime of Trafficking in Persons, especially Women, Adolescents, and Children, 31 October 2002, preamble.
Inter-Parliamentary Conference (1993)
In a resolution adopted in 1993 on urgent action in the former Yugoslavia, the 89th Inter-Parliamentary Conference categorically condemned “the systematic rape of women and girls in the former Yugoslavia, especially in Bosnia and Herzegovina”, urged the belligerent parties “immediately to cease violence against women and girls” and declared that “systematic rape of women and girls in armed conflicts is a war crime and must be designated as a crime against humanity under international law”. 
89th Inter-Parliamentary Conference, New Delhi, 12–17 April 1993, Resolution on the need for urgent action in the former Yugoslavia, particularly as regards the protection of minorities and the prevention of further loss of life in order that peaceful coexistence and respect for human rights can be restored for all peoples, §§ 12 and 13.
World Conference on Human Rights
In the Vienna Declaration and Programme of Action, the World Conference on Human Rights in 1993 expressed its dismay at and strongly condemned as abhorrent practices the “massive violations of human rights especially in the form of … systematic rape of women in war situations” and reiterated its call that “perpetrators of such crimes be punished and such practices immediately stopped”. 
World Conference on Human Rights, Vienna, 14–25 June 1993, Vienna Declaration and Programme of Action, UN Doc. A/CONF.157/23, 12 July 1993, § I(28).
International Conference for the Protection of War Victims
In the Final Declaration adopted by the International Conference for the Protection of War Victims in 1993, the participants declared that they refused “to accept that … women [are] raped” and that they were “alarmed by the marked increase in acts of sexual violence directed notably against women and children”. They reiterated that “such acts constitute grave breaches of international humanitarian law”. 
International Conference for the Protection of War Victims, Geneva, 30 August–1 September 1993, Final Declaration, § I(1) and (3), ILM, Vol. 33, 1994, p. 298.
Inter-Parliamentary Conference (1993)
In a resolution adopted in 1993 on respect for international humanitarian law and support for humanitarian action in armed conflicts, the 90th Inter-Parliamentary Conference condemned “the renewed outbreak of systematic sexual violence against women and children which constitutes a grave violation of international humanitarian law”. 
90th Inter-Parliamentary Conference, Canberra, 13–18 September 1993, Resolution on respect for international humanitarian law and support for humanitarian action in armed conflicts, preamble.
International Conference of the Red Cross and Red Crescent (1995)
The 26th International Conference of the Red Cross and Red Crescent in 1995 adopted a resolution on the protection of the civilian population in period of armed conflict, which contained a section on women, stating that the Conference:
(a) expresses its outrage at practices of sexual violence in armed conflicts, in particular the use of rape as an instrument of terror, forced prostitution and any other form of indecent assault;
(c) strongly condemns sexual violence, in particular rape, in the conduct of armed conflict as a war crime, and under certain circumstances a crime against humanity, and urges the establishment and strengthening of mechanisms to investigate, bring to justice and punish all those responsible;
(d) underlines the importance of providing appropriate training to prosecutors, judges and other officials in handling such cases, in order to preserve the dignity and interests of the victims. 
26th International Conference of the Red Cross and Red Crescent, Geneva, 3–7 December 1995, Res. II, § B(a), (c) and (d).
International Conference of the Red Cross and Red Crescent (1999)
The Plan of Action for the years 2000–2003 adopted in 1999 by the 27th International Conference of the Red Cross and Red Crescent requested that all parties to an armed conflict take effective measures to ensure that “strict orders are given to prevent all serious violations of international humanitarian law, including … gender-based violence in particular rape and other forms of sexual violence … and threats to carry out such actions”. 
27th International Conference of the Red Cross and Red Crescent, Geneva, 31 October–6 November 1999, Res. I, Annex 2, Plan of Action for the years 2000–2003, Actions proposed for final goal 1.1, § 1(b).
International Court of Justice
In its judgment in the Nicaragua case (Merits) in 1986, the ICJ held that the rules contained in common Article 3 of the 1949 Geneva Conventions reflected what the Court in 1949 in the Corfu Channel case (Merits) had called “elementary considerations of humanity”. 
ICJ, Nicaragua case (Merits), Judgment, 27 June 1986, § 218.
International Court of Justice
In its judgment on the merits in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro) in 2007, the ICJ found with regard to events in various areas and camps in Bosnia and Herzegovina:
Having carefully examined the evidence presented before it, and taken note of that presented to the ICTY, the Court considers that it has been established by fully conclusive evidence that members of the protected group were systematically victims of massive mistreatment, beatings, rape and torture causing serious bodily and mental harm, during the conflict and, in particular, in the detention camps. The requirements of the material element, as defined by Article II (b) of the [1948 Genocide] Convention [Article II (b): Causing serious bodily or mental harm to members of the group] are thus fulfilled. The Court finds, however, on the basis of the evidence before it, that it has not been conclusively established that those atrocities, although they too may amount to war crimes and crimes against humanity, were committed with the specific intent (dolus specialis) to destroy the protected group, in whole or in part, required for a finding that genocide has been perpetrated. 
ICJ, Application of the Convention on the Prevention and Punishment of the Crime of Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro), Merits, Judgment, 26 February 2007, § 319.
The ICJ could not make further findings on the question of war crimes or crimes against humanity, as its jurisdiction in the present case was based exclusively on Article IX of the 1948 Genocide Convention.
With regard to acts committed at Sarajevo, the ICJ found that genocide had been committed:
The Court concludes that the acts committed at Srebrenica falling within Article II (a) and (b) of the [1948 Genocide] Convention [Article II (a): Killing members of the group; Article II (b): Causing serious bodily or mental harm to members of the group] were committed with the specific intent to destroy in part the group of the Muslims of Bosnia and Herzegovina as such; and accordingly that these were acts of genocide, committed by members of the VRS [Republika Srpska army] in and around Srebrenica from about 13 July 1995. 
ICJ, Application of the Convention on the Prevention and Punishment of the Crime of Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro), Merits, Judgment, 26 February 2007, § 297.
International Criminal Court
In the Kony case before the ICC in 2005, the ICC Pre-Trial Chamber II issued an arrest warrant for Joseph Kony, the alleged founder, chairman and commander-in-chief of the Lord’s Resistance Army (LRA), an armed group carrying out an insurgency against the Government of Uganda. He was charged, inter alia, with two counts of rape: one, the war crime of inducing rape, punishable under Articles 8(2)(e)(vi) and 25(3)(b) of the 1998 ICC Statute, 
ICC, Kony case, Warrant of arrest, 8 July 2005 as amended 27 September 2005, § 43, Count 3.
and the other, the crime against humanity of rape, punishable under Article 7(1)(g) of the 1998 ICC Statute. 
ICC, Kony case, Warrant of arrest, 8 July 2005 as amended 27 September 2005, § 43, Count 2.
In addition, the accused was charged with the crime against humanity of sexual enslavement, punishable under Articles 7(1)(g) and 25(3)(b) of the 1998 ICC Statute. 
ICC, Kony case, Warrant of arrest, 8 July 2005 as amended 27 September 2005, § 43, Count 1.
These crimes were alleged to have been committed during attacks on various internally displaced persons (IDP) camps in Uganda between 2002 and 2004. According to the arrest warrant, the LRA had engaged in:
a cycle of violence and established a pattern of “brutalization of civilians” by acts including murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements; that abducted civilians, including children, are said to have been forcibly “recruited” as fighters, porters and sex slaves to serve the LRA and to contribute to attacks against the Ugandan army and civilian communities. 
ICC, Kony case, Warrant of arrest, 8 July 2005 as amended 27 September 2005, § 5.
International Criminal Court
In the Otti case before the ICC in 2005, the ICC Pre-Trial Chamber II issued an arrest warrant for Vincent Otti, the alleged vice-chairman and second-in-command of the Lord’s Resistance Army (LRA), an armed group carrying out an insurgency against the Government of Uganda. He was charged, inter alia, with two counts of rape: one, the war crime of inducing rape, punishable under Articles 8(2)(e)(vi) and 25(3)(b) of the 1998 ICC Statute, 
ICC, Otti case, Warrant of arrest, 8 July 2005, § 42, Count 3.
and the other, the crime against humanity of rape, punishable under Article 7(1)(g) of the 1998 ICC Statute. 
ICC, Otti case, Warrant of arrest, 8 July 2005, § 42, Count 2.
In addition, the accused was charged with the crime against humanity of sexual enslavement, punishable under Articles 7(1)(g) and 25(3)(b) of the 1998 ICC Statute. 
ICC, Otti case, Warrant of arrest, 8 July 2005, § 42, Count 1.
These crimes were alleged to have been committed during attacks on various internally displaced persons (IDP) camps in Uganda between 2002 and 2004. According to the arrest warrant, the LRA had engaged in:
a cycle of violence and established a pattern of “brutalization of civilians” by acts including murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements; that abducted civilians, including children, are said to have been forcibly “recruited” as fighters, porters and sex slaves to serve the LRA and to contribute to attacks against the Ugandan army and civilian communities. 
ICC, Otti case, Warrant of arrest, 8 July 2005, § 5.
International Criminal Court
In the Harun case before the ICC in 2007, the ICC Pre-Trial Chamber I, dealing with the situation in Darfur, Sudan, issued an arrest warrant for Ahmad Muhammad Harun (“Ahmad Harun”), Minister of State for the Interior of the Government of Sudan from in or about April 2003 until in or about September 2005, and Minister of State for Humanitarian Affairs of the Government of Sudan since 2006. The decision was based, inter alia, on counts of rape and outrage upon personal dignity as war crimes, and rape as a crime against humanity. As regards war crimes, the Pre-Trial Chamber considered that there were reasonable grounds to believe that:
On or about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the rape of women and girls from the primarily Fur population of Bindisi town and surrounding areas (articles 8(2)(e)(vi) and 25(3)(d) of the [1998 ICC Statute]);
In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the rape of at least 10 women and girls from the primarily Fur population of Arawala town and surrounding areas (articles 8(2)(e)(vi) and 25(3)(d) of the [1998 ICC Statute]);
In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to outrage upon personal dignity of at least 10 women and girls from the primarily Fur population of Arawala town and surrounding areas (articles 8(2)(c)(ii) and 25(3)(d) of the [1998 ICC Statute]). 
ICC, Harun case, Warrant of Arrest, 27 April 2007, Counts 14, 43 and 46.
International Criminal Court
In the Kushayb case before the ICC in 2007, the ICC Pre-Trial Chamber I, dealing with the situation in Darfur, Sudan, issued an arrest warrant for Ali Muhammad Ali Abd-al-Rahman (“Ali Kushayb”), a member of the Popular Defence Force (PDF) and a senior leader of the Militia/Janjaweed. The decision was based, inter alia, on counts of rape and outrage upon personal dignity as war crimes, and rape as a crime against humanity. As regards war crimes, the Pre-Trial Chamber considered that there were reasonable grounds to believe that:
On or about 15 August 2003, Ali Kushayb, as part of a group of persons acting with a common purpose, contributed to the rape of women and girls from the primarily Fur population of Bindisi town and surrounding areas (articles 8(2)(e)(vi) and 25(3)(d) of the [1998 ICC Statute]);
In or around December 2003, Ali Kushayb, as part of a group of persons acting with a common purpose, contributed to the rape of at least 10 women and girls from the primarily Fur population of Arawala town and surrounding areas (articles 8(2)(e)(vi) and 25(3)(d) of the [1998 ICC Statute]);
In or around December 2003, Ali Kushayb, as part of a group of persons acting with a common purpose, contributed to outrage upon personal dignity of at least 10 women and girls from the primarily Fur population of Arawala town and surrounding areas (articles 8(2)(c)(ii) and 25(3)(d) of the [1998 ICC Statute]);
In or around December 2003, Ali Kushayb committed, jointly with others, outrage upon personal dignity of at least 10 women and girls from the primarily Fur population of Arawala town and surrounding areas (articles 8(2)(c)(ii) and 25(3)(a) of the [1998 ICC Statute]). 
ICC, Kushayb case, Warrant of Arrest, 27 April 2007, Counts 14, 43, 46–47.
International Criminal Court
In the Katanga case before the ICC in 2007, the ICC Pre-Trial Chamber I issued an arrest warrant for Germain Katanga, the alleged former commander of an armed group known as the Force de résistance patriotique en Ituri (FRPI), in the Democratic Republic of the Congo. He was charged, inter alia, with sexual slavery, both as a crime against humanity, punishable under Article 7(1)(g) of the 1998 ICC Statute, and as a war crime, punishable under Article 8(2)(b)(xxii) or (e)(vi) of the 1998 ICC Statute. 
ICC, Katanga case, Warrant of arrest, 2 July 2007, p. 6.
These crimes were alleged to have been committed in the context of a joint attack by the FRPI and members of another armed group, the Front des nationalistes et intégrationnistes (FNI), on the village of Bogoro, in the territory of Ituri, on or about 24 February 2003. This attack, described as indiscriminate, is alleged to have resulted in “(i) the murder of about 200 civilians; (ii) causing serious bodily harm to civilians; (iii) arresting, threatening with weapons and imprisoning civilians in a room filled with corpses; (iv) pillaging; and (v) the sexual enslavement of several women and girls.” 
ICC, Katanga case, Warrant of arrest, 2 July 2007, p. 4.
International Criminal Court
In the Ngudjolo Chui case before the ICC in 2007, the ICC Pre-Trial Chamber I issued an arrest warrant for Mathieu Ngudjolo Chui, a Congolese national and alleged former leader of an armed group known as the Front des nationalistes et intégrationnistes (FNI). At the time his arrest warrant was issued he was a colonel in the National Army of the Government of the Democratic Republic of the Congo (FARDC). He was charged, inter alia, with sexual slavery, both as a crime against humanity, punishable under Article 7(1)(g) of the 1998 ICC Statute, and as a war crime, punishable under Article 8(2)(b)(xxii) or (e)(vi) of the 1998 ICC Statute. 
ICC, Ngudjolo Chui case, Warrant of arrest, 2 July 2007, p. 6.
These crimes were alleged to have been committed during a joint attack by the FNI and members of another armed group, the Force de résistance patriotique en Ituri (FRPI), on the village of Bogoro, in the territory of Ituri, on or about 24 February 2003. This attack, described as indiscriminate, is alleged to have resulted in “(i) the murder of about 200 civilians; (ii) causing serious bodily harm to civilians; (iii) arresting, threatening with weapons and imprisoning civilians in a room filled with corpses; (iv) pillaging; and (v) the sexual enslavement of several women and girls.” 
ICC, Ngudjolo Chui case, Warrant of arrest, 2 July 2007, p. 4.
International Criminal Court
In the Katanga and Chui case before the ICC, the accused, respectively the alleged commander of the Front for Patriotic Resistance of Ituri (FRPI) and the alleged former leader of the Nationalist and. Integrationist Front (FNI) in the Democratic Republic of the Congo, were charged with jointly committing through other persons various crimes against humanity and war crimes under Articles 7 and 8 of the 1998 ICC Statute. In its decision on the confirmation of charges in 2008, the Pre-Trial Chamber considered the war crime of rape. The Pre-Trial Chamber stated:
342. The war crime of rape, under article 8(2)(b)(xxii)-l of the [2000 ICC] Elements of Crimes, requires that: (i) the perpetrator must invade 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 an object or any other part of the body; and (ii) the invasion must be committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent.
346. Article 30 of the [1998 ICC] Statute requires intent and knowledge for the subjective element of the war [crime] of rape … This subjective element applies to … the act of invasion of the body of a person resulting in penetration, by force, or by threat of force or coercion … The subjective elements … include, first and foremost, dolus directus of the first degree. They also may include dolus directus of the second degree. 
ICC, Katanga and Chui case, Decision on the confirmation of charges, 30 September 2008, § 342 and 346.
[footnotes in original omitted]
The Pre-Trial Chamber also considered rape as a crime against humanity, stating:
438. The crime against humanity of rape pursuant to article 7(l)(g) of the [1998 ICC] Statute and article 7(l)(g)-l of the [2000 ICC] Elements of Crimes, occurs when:
(1) 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.
(2) The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent.
439. The objective elements of the crime against humanity of rape are further explained in footnotes 15 and 16 of the Elements of Crimes to mean that “the concept of ‘invasion’ is intended to be broad enough to be gender neutral” and “that a person may be incapable of giving genuine consent if affected by natural, induced or age-related incapacity.”
440. With regard to the term “coercion”, the Chamber notes the finding of the ICTR Trial Chamber in The Prosecutor v. Akayesu that a coercive environment does not require physical force. Rather, “[t]hreats, intimidation, extortion and other forms of duress which prey on fear or desperation may constitute coercion, and coercion may be inherent in certain circumstances, such as armed conflict or military presence.” [ICTR, Akayesu case, Judgement, § 688]
441. Finally, article 30 of the Statute governs the subjective element of the crime against humanity of rape requiring the perpetrator’s intent to invade another person’s body “with a sexual organ, or the anal or genital opening of the victim with any object or any other part of the body” by force or threat of force or coercion. Thus, this offence encompasses, first and foremost, cases of dolus directus of the first and second degree. 
ICC, Katanga and Chui case, Decision on the confirmation of charges, 30 September 2008, §§ 438–441.
[footnotes in original omitted]
In 2012, the ICC Trial Chamber II acquitted Mr Ngudjolo Chui of all the charges against him. 
ICC, Ngudjolo Chui case, Judgment, 18 December 2012, Disposition.
International Criminal Court
In the Bemba case before the ICC, the accused, the alleged President and Commander-in-chief of the Movement for the Liberation of Congo (MLC), was charged, inter alia, with murder, rape and torture as war crimes and as crimes against humanity, pursuant to Articles 7 and 8 of the 1998 ICC Statute. In its decision on the confirmation of charges in 2009, the Pre-Trial Chamber defined the crime against humanity of rape, stating:
161. The [2000 ICC] Elements of Crimes with regard to article 7(l)(g) of the Statute require that:
(1) 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;
(2) The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent.
162. With regard to the term “coercion”, the Chamber notes that it does not require physical force. Rather, “threats, intimidation, extortion and other forms of duress which prey on fear or desperation may constitute coercion, and coercion may be inherent in certain circumstances, such as armed conflict or military presence.”
bb) Mens rea
163. With regard to the mental element, the perpetrator must have committed the act of rape with intent and knowledge within the meaning of article 30 of the Statute. 
ICC, Bemba case, Decision on the confirmation of charges, 15 June 2009, §§ 161–163.
[footnotes in original omitted]
The Pre-Trial Chamber also defined rape as a war crime, stating:
283. With regard to article 8(2)(e)(vi) of the [1998 ICC] Statute, the [2000 ICC] Elements of Crimes require that:
(1) 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;
(2) The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent.
bb) Mens rea
284. With regard to the mental element, the perpetrator must have committed the act of rape with intent and knowledge pursuant to article 30 of the Statute. 
ICC, Bemba case, Decision on the confirmation of charges, 15 June 2009, §§ 283–284.
[footnotes in original omitted]
International Criminal Court
In its decision on the confirmation of charges in the Mbarushimana case in 2011, the ICC Pre-Trial Chamber I stated:
162. … She describes the way the soldier pushed her down, took her clothes off and threw them aside, laid down on her stomach and “put a part of his body inside mine. The lower part of his body […] he put his penis into the lower part of my body,” and that she “did not have a choice; he did this to me by force.”
163. … She recalls that “one of them grabbed me by the throat and told me not to try to get away,” and then “the other one started having sex with me, raping me […] he put a part of his body, his penis inside my vagina […] then the second one raped me and the first one was helping his colleague and held my legs so I could not get up.”
164. In light of the evidence discussed above, the Chamber is satisfied that there are substantial grounds to believe that the war crime of rape under article 8(2)(e)(vi) of the [1998 ICC] Statute was committed by the FDLR [Forces démocratiques de libération du Rwanda] troops in Busurungi and surrounding villages on or about 9–10 May 2009. 
ICC, Mbarushimana case, Decision on the Confirmation of Charges, 16 December 2011, §§ 162–164.
[footnotes in original omitted]
The charges against Mr Mbarushimana related to alleged war crimes and crimes against humanity. The Pre-Trial Chamber did not confirm the charges. 
ICC, Mbarushimana case, Decision on the Confirmation of Charges, 16 December 2011, § 340.
In its judgment of 30 May 2012, the ICC Appeals Chamber confirmed that decision and dismissed the appeal. 
ICC, Mbarushimana case, Judgment on Appeal, 30 May 2012.
International Criminal Tribunal for Rwanda
In the Akayesu case before the ICTR in 1997, the accused was charged with crimes against humanity (rape) and violations of common Article 3 of the 1949 Geneva Conventions and Article 4(2)(e) of the 1977 Additional Protocol II (outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault). It provided: “In this indictment, acts of sexual violence include forcible sexual penetration of the vagina, anus or oral cavity by a penis and/or of the vagina or anus by some other object, and sexual abuse, such as forced nudity.” 
ICTR, Akayesu case, Amended Indictment, 30 June 1997, Counts 13 and 15 and § 10(A).
International Criminal Tribunal for Rwanda
In its judgment in the Akayesu case in 1998, the ICTR Trial Chamber recognized for the first time that acts of sexual violence can be prosecuted as constituent elements of a genocidal campaign. Jean-Paul Akayesu, then mayor of Taba commune, was charged with genocide, crimes against humanity and war crimes and with having known that acts of sexual violence were being committed and having facilitated the commission of such acts by permitting them to be carried out on communal premises. 
ICTR, Akayesu case, Judgment, 2 September 1998, § 12(B).
The Trial Chamber stated:
597. The Trial Chamber considers that rape is a form of aggression and that the central elements of the crime of rape cannot be captured in a mechanical description of objects and body parts … Like torture, rape is used for such purposes as intimidation, degradation, humiliation, discrimination, punishment, control or destruction of a person. Like torture, rape is a violation of personal dignity, and rape in fact constitutes torture when inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
598. The Chamber defines rape as a physical invasion of a sexual nature, committed on a person under circumstances which are coercive. Sexual violence, which includes rape, is considered to be any act of a sexual nature which is committed on a person under circumstances which are coercive. 
ICTR, Akayesu case, Judgment, 2 September 1998, § 597–598.
The ICTR Trial Chamber further held:
Rape and sexual violence … constitute genocide in the same way as any other act as long as they are committed with the specific intent to destroy, in whole or in part, a particular group, targeted as such … Sexual violence was an integral part of the process of destruction, specifically targeting Tutsi women and specifically contributing to their destruction and to the destruction of the Tutsi group as a whole. 
ICTR, Akayesu case, Judgment, 2 September 1998, § 731.
International Criminal Tribunal for Rwanda
In the Musema case before the ICTR in 1996, the accused was charged with “the rape of Tutsi civilians, as part of a widespread and systematic attack against a civilian population on political, ethnic or racial grounds” and stated that the accused had “thereby committed a crime against humanity”. 
ICTR, Musema case, Amended Indictment, 12 July 1996, Count 7.
International Criminal Tribunal for Rwanda
In its judgment in the Musema case in 2000, the ICTR Trial Chamber found that the evidence presented – considering both the murders as well as acts of serious bodily and mental harm, including rape and other forms of sexual violence – amounted to genocide. The Trial Chamber stated: “Acts of rape and sexual violence were an integral part of the plan conceived to destroy the Tutsi group. Such acts targeted Tutsi women, in particular, and specifically contributed to their destruction and therefore that of the Tutsi group as such.” The Trial Chamber found: “The Accused had knowledge of a widespread or systematic attack on the civilian population. The Chamber finds that the rape of Nyiramusugi by the Accused was consistent with the pattern of this attack and formed a part of this attack.” The Trial Chamber found Musema guilty of crimes against humanity (rape). 
ICTR, Musema case, Judgment, 27 January 2000, §§ 907, 933 and 966.
International Criminal Tribunal for Rwanda
In the Bizimungu case before the ICTR in 1999, the accused were four members of the Rwandan interim government created on 9 April 1994, led by Jean Kambanda:
- Casimir Bizimungu, Minister of Health from 9 April until mid-July 1994;
- Justin Mugenzi, Minister of Trade and Industry from 9 April until mid-July 1994;
- Jérôme Bicamumpaka, Minister of Foreign Affairs and Cooperation from 9 April until mid-July 1994;
- Prosper Mugiraneza, Minister of the Civil Service from 9 April until mid-July 1994. 
ICTR, Bizimungu case, Indictment, 7 May 1999, §§ 4.1–4.20.
For their respective roles, they were charged, inter alia, with: conspiracy to commit genocide, punishable under Article 2(3)(b) of the 1994 ICTR Statute; genocide, inter alia by “causing serious bodily or mental harm to members of the Tutsi population”, punishable under Article 2(3)(a) of the 1994 ICTR Statute; complicity in genocide, punishable under Article 2(3)(e) of the 1994 ICTR Statute; direct and public incitement to commit genocide, punishable under Article 2(3)(c) of the 1994 ICTR Statute; rape as a crime against humanity, punishable under Article 3(g) of the 1994 ICTR Statute; and
outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault, as part of an armed internal conflict, [thereby committing] SERIOUS VIOLATIONS OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND ADDITIONAL PROTOCOL II, a crime stipulated in Article 4(e) of the [1994 ICTR Statute]. 
ICTR, Bizimungu case, Indictment, 7 May 1999, Counts 1–5, 8 and 10.
[emphasis in original]
International Criminal Tribunal for Rwanda
The indictments in the Nyiramasuhuko case before the ICTR in 1999 were based on charges of involvement in massacres committed mainly against the Tutsi population in the Butare prefecture from April 1994 onwards. The accused Pauline Nyiramasuhuko, member of the Mouvement républicain national pour le développement et la démocratie (MRND) and Minister of Family and Women’s Development in the interim government led by Kambanda, was charged, inter alia, with rape as a crime against humanity, punishable under Article 3(g) of the 1994 ICTR Statute, and with
outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault, as part of an armed internal conflict, … thereby committ[ing] SERIOUS VIOLATIONS OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, a crime stipulated in Article 4(e) of the [1994 ICTR Statute]. 
ICTR, Nyiramasuhuko case, Amended Indictment (Pauline Nyiramasuhuko and Arsène Shalom Ntahobali), 1 March 2001, Counts 7 and 11.
[emphasis in original]
The accused Arsène Shalom Ntahobali, the son of Pauline Nyiramasuhuko, a student and leader of Interahamwe (youth wing of the MRND) militiamen in Butare prefecture, was charged with the same crimes, for his role in the events. 
ICTR, Nyiramasuhuko case, Amended Indictment (Pauline Nyiramasuhuko and Arsène Shalom Ntahobali), 1 March 2001, Counts 7 and 11.
International Criminal Tribunal for Rwanda
The indictments in the Bagosora case before the ICTR in 1999 were based on charges of involvement in various massacres committed mainly against the Tutsi population in Rwanda between April and July 1994, including specified massacres that took place in Kigali, Butare, Gisenyi and Gitarama. The principal accused, Théoneste Bagosora, Colonel (Rtd), who was directeur de cabinet, Rwandan Ministry of Defence, during the period specified, was charged, inter alia, with: conspiracy to commit genocide, punishable under Article 2(3)(b) of the 1994 ICTR Statute; genocide, punishable under Article 2(3)(a) of the 1994 ICTR Statute, inter alia for “causing serious bodily or mental harm to members of the Tutsi population”; complicity in genocide, punishable under Article 2(3)(e) of the 1994 ICTR Statute; rape as a crime against humanity, punishable under Article 3(g) of the 1994 ICTR Statute; and
outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault, as part of an armed internal conflict, … thereby committ[ing] SERIOUS VIOLATIONS OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, a crime stipulated in Article 4(e) of the [1994 ICTR Statute]. 
ICTR, Bagosora case, Amended Indictment (Théoneste Bagosora), 12 August 1999, Counts 1–3, 7 and 12.
[emphasis in original]
The same charges were brought against the following accused (all of them military officers or ex-military officers at the time of the alleged crimes), for their alleged participation in specified massacres:
- Gratien Kabiligi, Brigadier, chief of military operations (G3) within the High Command of the Rwandan Army; 
ICTR, Bagosora case, Amended Indictment (Gratien Kabiligi), 13 August 1999, Counts 1–3, 6 and 10.
- Anatole Nsengiyumva, Lieutenant Colonel, commander of military operations for Gisenyi sector (who was additionally charged with direct and public incitement to commit genocide); 
ICTR, Bagosora case, Amended Indictment (Anatole Nsengiyumva), 12 August 1999, Counts 1–4, 7 and 11.
and
- Aloys Ntabakuze, Major, commander of the Para-Commando Battalion in the Rwandan Army. 
ICTR, Bagosora case, Amended Indictment (Aloys Ntabakuze), 13 August 1999, Counts 1–3, 6 and 10.
International Criminal Tribunal for Rwanda
In the Bagilishema case before the ICTR in 1999, the accused, bourgmestre (mayor) of Mabanza commune, Kibuye prefecture, from 1980 until July 1994, was charged, inter alia, with genocide, punishable under Article 2(3)(a) of the 1994 ICTR Statute, inter alia by “causing of serious bodily or mental harm to members of the Tutsi population”, and with
causing outrages upon personal dignity of women, including humiliating and degrading treatment, in the course of a non-international armed conflict, and has thereby committed SERIOUS VIOLATIONS OF ARTICLES 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II thereof, in violation of Article 4(e) [of the 1994 ICTR Statute]. 
ICTR, Bagilishema case, Amended Indictment, 17 September 1999, Counts 1 and 7.
[emphasis in original]
In its judgment in 2001, the ICTR Trial Chamber noted on the elements of genocide by “causing serious bodily or mental harm to members of the group”:
53. The definition of genocide, as provided in Article 2 of the [1994 ICTR Statute], cites, verbatim, Articles 2 and 3 of the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”).
54. The Genocide Convention is undeniably considered part of customary international law, as reflected in the advisory opinion of the International Court of Justice (1951) on reservations to the Convention …
55. The definition of the crime of genocide has been interpreted in the jurisprudence of this Tribunal, namely in the Akayesu, Kayishema and Ruzindana, Rutaganda and Musema Judgements. The Chamber adheres to the definitions of genocide as elaborated in these judgements. It therefore considers that a crime of genocide is proven if it is established beyond reasonable doubt, firstly, that one of the acts listed under Article 2(2) of the Statute was committed and, secondly, that this act was committed against a specifically targeted national, ethnical, racial or religious group, with the specific intent to destroy, in whole or in part, that group. Genocide therefore invites analysis under two headings: the prohibited underlying acts and the specific genocidal intent or dolus specialis.
2.1.1 Underlying Acts
56. The acts underlying the crime of genocide may in each case be analysed into physical and mental elements. The offences relevant to the present case are considered below.
(ii) Causing Serious Bodily or Mental Harm – Article 2(2)(b) of the Statute
59. For the purposes of interpreting Article 2(2)(b) of the Statute, the Chamber construes “serious bodily or mental harm” to include acts of bodily or mental torture, inhumane or degrading treatment, rape, sexual violence, and persecution. In the Chamber’s view, “serious harm” entails more than minor impairment on mental or physical faculties, but it need not amount to permanent or irremediable harm. 
ICTR, Bagilishema case, Judgment, 7 June 2001, §§ 53–56 and 59.
[emphasis in original]
The Trial Chamber found the accused not guilty of genocide and of the two charges of serious violations of common Article 3 of the 1949 Geneva Conventions and of the 1977 Additional Protocol II, punishable under Article 4(a) and (e) of the 1994 ICTR Statute; by majority decision, it also found him not guilty of complicity in genocide, and of murder, extermination and other inhumane acts as crimes against humanity. Accordingly, the accused was acquitted on all counts. 
ICTR, Bagilishema case, Judgment, 7 June 2001, Part VI (Verdict).
In its judgment in 2002, the ICTR Appeals Chamber affirmed the accused’s acquittal. 
ICTR, Bagilishema case, Judgment on Appeal (Reasons), 3 July 2002, Part VI (Disposition).
International Criminal Tribunal for Rwanda
In the Ngirabatware case before the ICTR in 1999, the accused, Augustin Ngirabatware, Minister of Planning in the interim government of Rwanda, was charged, inter alia, with serious violations of common Article 3 of the 1949 Geneva Conventions and of the 1977 Additional Protocol II, punishable under Article 4 of the 1994 ICTR Statute. 
ICTR, Ngirabatware case, Indictment, 27 September 1999, Counts 9–10.
According to the Prosecutor, the accused was “responsible for outrages upon personal dignity … rape and indecent assault, as part of an armed internal conflict … a crime stipulated in Article 4(e) of the [1994 ICTR] Statute”. 
ICTR, Ngirabatware case, Indictment, 27 September 1999, Count 9.
In addition to violations of common Article 3 of the 1949 Geneva Conventions and of the 1977 Additional Protocol II, Ngirabatware was also charged with rape as a crime against humanity, punishable under Article 3(g) of the 1994 ICTR Statute. 
ICTR, Ngirabatware case, Indictment, 27 September 1999, Count 7.
The Prosecutor stated the accused was “responsible for rape as part of a widespread and systematic attack against a civilian population on political, ethnic or racial grounds”. 
ICTR, Ngirabatware case, Indictment, 27 September 1999, Count 7.
It was further alleged that the accused committed, inter alia, genocide, punishable under Article 2(3)(a) of the 1994 ICTR Statute. 
ICTR, Ngirabatware case, Indictment, 27 September 1999, Count 2.
According to the Prosecutor, Ngirabatware was responsible for “causing serious bodily harm to members of the Tutsi population with the intent to destroy, in whole or in part, a racial or ethnic group”. 
ICTR, Ngirabatware case, Indictment, 27 September 1999, Count 2.
International Criminal Tribunal for Rwanda
In the Bisengimana case before the ICTR in 2000, the accused, a former mayor of the Gikoro commune, was initially charged, inter alia, with: rape as a crime against humanity, punishable under Article 3(g) of the 1994 ICTR Statute; other inhumane acts as crimes against humanity, “violent rape to deliberately cause a fetus to abort, beating and sexual abuse”, punishable under Article 3(i) of the 1994 ICTR Statute; and, pursuant to Article 4(e) of the 1994 ICTR Statute, with
causing violence to life, health and physical or mental wellbeing of persons, in particular, outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault and thereby committ[ing] serious violations of Article 3 common to the GENEVA CONVENTIONS of 12 August 1949 for the protection of victims in times of war, and Additional Protocol II thereto. 
ICTR, Bisengimana case, Indictment, 1 July 2000, Counts 8, 9 and 11.
[emphasis in original]
Following a reduction of the indictment to five counts (genocide, complicity in genocide, murder, extermination and rape as crimes against humanity), 
ICTR, Bisengimana case, Amended Indictment, 23 November 2005, Counts 1–5.
and a plea agreement jointly filed by the accused and the Prosecution, the accused pleaded guilty to the charges of murder and extermination as crimes against humanity. The Trial Chamber accepted the plea, declared the accused guilty of having aided and abetted murder and extermination, and dismissed the remaining charges. The accused was convicted for extermination and sentenced to 15 years’ imprisonment. 
ICTR, Bisengimana case, Judgment and Sentence, 13 April 2006, §§ 7, 12, 19, 25 and 203.
International Criminal Tribunal for Rwanda
In the Semanza case before the ICTR in 1999, the accused, Laurent Semanza, who was a member of the Central Committee of the Mouvement républicain national pour le développement et la démocratie (MRND), a Rwandan political party, was charged, inter alia, with committing the following crimes against Tutsi civilians in the Bicumbi and Gikoro communes, Rwanda, during the period 1 April and 31 July 1994:
a. rape (two counts), a crime against humanity (ICTR Statute, Article 3(g)), and
b. violence to life, health and physical or mental well-being – including torture (two counts) – as a serious violation of Article 3 common to the Geneva Conventions and Additional Protocol II (ICTR Statute, Article 4(a)), and
c. outrages upon the personal dignity of women, including humiliating and degrading treatment, rape, sexual abuse and other forms of indecent assault – as a serious violation of Article 3 common to the Geneva Conventions and Additional Protocol II (ICTR Statute, Article 4(e)). 
ICTR, Semanza case, Third Amended Indictment, 12 October 1999, § 3.19, Counts 7 and 13.
In its judgment in 2003, the Trial Chamber considered the ICTR jurisprudence with regard to rape as a crime against humanity:
344. The Akayesu Judgement enunciated a broad definition of rape which included any physical invasion of a sexual nature in coercive circumstance and which was not limited to forcible sexual intercourse. The Appeals Chamber of the ICTY, in contrast, affirmed a narrower interpretation defining the material element of rape as a crime against humanity as the non-consensual penetration, however slight, of the vagina or anus of the victim by the penis of the perpetrator or by any other object used by the perpetrator, or of the mouth of the victim by the penis of the perpetrator. Consent for this purpose must be given voluntarily and freely and is assessed within the context of the surrounding circumstances.
345. While this mechanical style of defining rape was originally rejected by this Tribunal, the Chamber finds the comparative analysis in Kunarac to be persuasive and thus will adopt the definition of rape approved by the ICTY Appeals Chamber. In doing so, the Chamber recognises that other acts of sexual violence that do not satisfy this narrow definition may be prosecuted as other crimes against humanity within the jurisdiction of this Tribunal such as torture, persecution, enslavement, or other inhumane acts.
346. The mental element for rape as a crime against humanity is the intention to effect the prohibited sexual penetration with the knowledge that it occurs without the consent of the victim. 
ICTR, Semanza case, Judgment, 15 May 2003, §§ 344–346.
The Trial Chamber subsequently found the accused guilty of one count of rape as a crime against humanity but not guilty of the associated charges related to serious violations of common Article 3 of the 1949 Geneva Conventions and of the 1977 Additional Protocol II. The accused was also found guilty of complicity to commit genocide, as well as various other crimes against humanity – including torture, murder and extermination. He was sentenced to a total of 24 years and 6 months of imprisonment. 
ICTR, Semanza case, Judgment, 15 May 2003, §§ 553 and 590.
In its judgment in 2005, the Appeals Chamber found that, in respect of the war crimes charges involving violence to life, health and physical or mental well-being, the Trial Chamber had misapplied the law on cumulative convictions. It reversed the acquittals and entered convictions for serious violations of common Article 3 of the 1949 Geneva Conventions and of the 1977 Additional Protocol II in respect of Count 7 (for ordering murder and aiding and abetting murder) and in respect of Count 13 (for instigating rape and torture, for murder and for committing torture and intentional murder). The Appeals Chamber also found that the Trial Chamber had erred in its finding that the accused did not have the necessary authority to render him liable for ordering the attacks that had resulted in charges of genocide and extermination in respect of the massacre at Musha Church. It therefore entered a conviction for ordering genocide and for ordering extermination in relation to that massacre. 
ICTR, Semanza case, Judgment on Appeal, 20 May 2005, § 364 and IV. Disposition.
The accused’s sentence was subsequently increased to 34 years and 6 months of imprisonment (which incorporated a six-month reduction in sentence ordered by the Trial Chamber for violations of the accused’s fundamental pre-trial rights). 
ICTR, Semanza case, Judgment on Appeal, 20 May 2005, IV. Disposition.
International Criminal Tribunal for Rwanda
In the Kamuhanda case before the ICTR in 2000, the accused, Minister of Higher Education and Scientific Research in the interim government of Rwanda from late May until mid-July 1994, was charged, inter alia, with: conspiracy to commit genocide, punishable under Article 2(3)(b) of the 1994 ICTR Statute, inter alia, by “causing serious bodily or mental harm to members of the group”; genocide, punishable under Article 2(3)(a) of the 1994 ICTR Statute, or, alternatively, complicity in genocide, punishable under Article 2(3)(e) of the 1994 ICTR Statute; rape and inhumane acts as crimes against humanity, punishable under Article 3(g) and (i) of the 1994 ICTR Statute; and
outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault, as part of an internal armed conflict, and thereby committ[ing] SERIOUS VIOLATIONS OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, a crime stipulated in Article 4(e) of the [1994 ICTR Statute]. 
ICTR, Kamuhanda case, Indictment, 15 November 2000, Counts 1, 2, 3, 6, 7 and 8.
[emphasis in original]
In its judgment in 2004, the ICTR Trial Chamber stated with regard to “causing serious bodily or mental harm to members of the group” as a genocidal act under Article 2(2)(b) of the 1994 ICTR Statute:
Trial Chambers of the Tribunal have held that what is “bodily” or “mental” harm should be determined on a case-by-case basis and have further held that “serious bodily harm” does not necessarily have to be permanent or irremediable, and that it includes non-mortal acts of sexual violence, rape, mutilations and interrogations combined with beatings and/or threats of death. The Trial Chamber in Kayishema and Ruzindana considered “serious mental harm” to include more than minor or temporary impairment of mental faculties such as the infliction of strong fear or terror, intimidation or threat. The state of the law in this regard is aptly captured in the conclusion drawn by the Semanza Trial Chamber:
The Chamber adopts the foregoing standards pronounced in Akayesu and Kayishema and Ruzindana as to the determination of serious bodily or mental harm. In addition, the Chamber finds that serious mental harm need not be permanent or irremediable. 
ICTR, Kamuhanda case, Judgment, 22 January 2004, § 634.
On rape as a crime against humanity under Article 3(g) of the 1994 ICTR Statute, the Trial Chamber stated:
705. In Akayesu the Trial Chamber considered that the traditional mechanical definition of rape did not adequately capture its true nature and instead offered a definition of rape as:
A physical invasion of a sexual nature, committed on a person under circumstances which are coercive. Sexual violence which includes rape is considered to be any act of a sexual nature which is committed on a person under circumstances which are coercive.
706. This conceptual definition of rape was approved in Musema, where the Chamber highlighted the difference between “a physical invasion of a sexual nature”, and “any act of a sexual nature” as being the difference between rape and sexual assault. Meanwhile, a Trial Chamber of the ICTY handed down the Furundžija Judgment, in which that Chamber preferred the following more detailed definition related to objects and body parts:
Most legal systems in the common and civil law world consider rape to be the forcible sexual penetration of the human body by the penis or the forcible insertion of any other object into either the vagina or the anus”.
707. This definition substantially modified and completed by Trial Chamber II in the Kunarac Judgment has been endorsed by the Appeals Chamber. It reads as follow:
The actus reus of the crime of rape in international law is constituted by: the sexual penetration, however slight:
(a) of the vagina or anus of the victim by the penis of the perpetrator or any other object used by the perpetrator; or
(b) of the mouth of the victim by the penis of the perpetrator; where such sexual penetration occurs without the consent of the victim. Consent for this purpose must be consent given voluntarily, as a result of the victim’s free will, assessed in the context of the surrounding circumstances.
708. The mens rea is the intention to effect this sexual penetration, and the knowledge that it occurs without the consent of the victim.
709. Given the evolution of the law in this area, endorsed in the Furundžija/Kunarac approach by the ICTY Appeals Chamber, the Chamber finds the latter approach of persuasive authority and hereby adopts the definition as given in Kunarac and quoted above. The mental element of the offence of rape as a Crime against Humanity is the intention to effect the above-described sexual penetration, with the knowledge that the act was perpetrated without the consent of the victim.
710. Other acts of sexual violence which may fall outside of this specific definition may of course be prosecuted, and would be considered by the Chamber under other categories of crimes for which the Tribunal has jurisdiction, such as other inhumane acts. 
ICTR, Kamuhanda case, Judgment, 22 January 2004, §§ 705–710.
On other inhumane acts as crimes against humanity under Article 3(i) if the 1994 ICTR Statute, the Trial Chamber noted:
716. In Kayishema and Ruzindana the Trial Chamber noted that since the Nuremberg Charter, the category “other inhumane acts” has been maintained as a useful category for acts not specifically stated but which are of comparable gravity.
717. Crimes which may fall under this category would only be acts or omissions similar in gravity to the conducts enumerated in Article 3 of the [1994 ICTR] Statute, and would be decided by the Tribunal on a case-by-case basis. In proving its case, the Prosecution must prove a nexus between the inhumane act and the great suffering or serious injury to the mental or physical health of the victim. Inhumane Acts are only those which deliberately cause suffering. Therefore, where third parties observe acts committed against others, in circumstances in which the Accused may not have had an intention to injure those third parties by their observation of these acts, the Accused may still be held accountable for their mental suffering.
718. In Kayishema and Ruzindana the position was summarised that: […] for an accused to be has found guilty of Crimes against Humanity for other inhumane acts, he must commit an act of similar gravity and seriousness to the other enumerated crimes, with the intention to cause the other inhumane act, and with knowledge that the act is perpetrated within the overall context of the attack. In the Niyitegeka Judgment, Trial Chamber I has found that by perpetrating gross acts of sexual violence upon a dead woman’s body, the Accused caused mental suffering to civilians, his actions constituted a serious attack on the human dignity of the Tutsi community as a whole, and that these acts were part of a widespread and systematic attack against the civilian Tutsi population on ethnic grounds. 
ICTR, Kamuhanda case, Judgment, 22 January 2004, §§ 716–718.
The Trial Chamber did not elaborate on the requirements of “outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault” under Article 4(e) of the 1994 ICTR Statute (violations of common Article 3 of the 1949 Geneva Conventions and of the 1977 Additional Protocol II), as it considered that:
insufficient evidence has been established to enable a finding that there is a nexus between any crimes committed by the Accused and any conflict – either a conflict generally raging in Rwanda or one specifically affecting the material regions indicated in the Indictment. 
ICTR, Kamuhanda case, Judgment, 22 January 2004, § 743.
In conclusion, not satisfied that the accused was involved in rape or other inhumane acts as crimes against humanity, and not convinced that there was a nexus between any crimes committed by the accused and an armed conflict in Rwanda, the Trial Chamber found the accused not guilty of the charges of rape and other inhumane acts as crimes against humanity, and of “outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault” as violations of Article 3 common to the 1949 Geneva Conventions and of the 1977 Additional Protocol II. 
ICTR, Kamuhanda case, Judgment, 22 January 2004, §§ 711–713, 719–720, 745–747 and 749–750.
The Trial Chamber convicted the accused of the further charges of genocide (“for instigating, ordering, and aiding and abetting the killing of members of the Tutsi ethnic group in Gikomero Parish Compound, Gikomero commune, Kigali-Rural prefecture”) and extermination as a crime against humanity, and, by majority decision, convicted the accused to two sentences of imprisonment for the remainder of his life, the sentences running concurrently. 
ICTR, Kamuhanda case, Judgment, 22 January 2004, §§ 749–750 and 770–771.
In its judgment in 2005, the ICTR Appeals Chamber, while vacating the convictions for instigating genocide and extermination, and vacating, by majority decision, the convictions for aiding and abetting genocide and extermination, affirmed, by majority decision, the convictions for ordering genocide and extermination. 
ICTR, Kamuhanda case, Judgment on Appeal, 19 September 2005, §§ 66, 77, 88 and 365.
By majority decision, it also affirmed the sentences imposed by the Trial Chamber. 
ICTR, Kamuhanda case, Judgment on Appeal, 19 September 2005, §§ 364–365.
International Criminal Tribunal for Rwanda
In the Kajelijeli case before the ICTR in 2001, the accused, Juvénal Kajelijeli, who was bourgmestre (mayor) of the Mukingo commune, Rwanda, from 1988 to 1993 and was re-appointed bourgmestre in June 1994 until mid-July 1994, was charged, inter alia, with rape as both a crime against humanity, punishable under Article 3(g) of the 1994 ICTR Statute, and as a serious violation of common Article 3 of the 1949 Geneva Conventions and of the 1977 Additional Protocol II, punishable under Article 4(e) of the 1994 ICTR Statute. Specifically, the accused was alleged to have been:
a. responsible for the rape of Tutsis as part of a widespread and systematic attack against a civilian population on political, ethnic or racial grounds, and
b. responsible for causing outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault against the Tutsis. 
ICTR, Kajelijeli case, Amended Indictment, 25 January 2001, § 6, Counts 7 and 11.
The Prosecution alleged that:
From April through July 1994, many Tutsi men, women and children were attacked, raped and massacred in their residences or at their places of shelter within the Mukingo commune or arrested, detained and later murdered. 
ICTR, Kajelijeli case, Amended Indictment, 25 January 2001, § 5.3.
On 13 September 2002, following the close of the case for the Prosecution, the Trial Chamber granted in part a Defence motion for acquittal (pursuant to Rule 98 bis of the Rules of Procedure and Evidence of the ICTR) and entered a judgment of acquittal in respect of Counts 10 and 11 of the indictment – i.e. those involving violations of Common Article 3 to the 1949 Geneva Conventions and of the 1977 Additional Protocol II – due to insufficient evidence. 
ICTR, Kajelijeli case, Decision on Motion for Partial Acquittal Pursuant to Rule 98bis, 13 September 2002, § 11.
In its judgment in 2003, the Trial Court considered the ICTR jurisprudence with regard to rape as a crime against humanity:
910. In Akayesu the Trial Chamber considered that the traditional mechanical definition of rape did not adequately capture its true nature and instead offered a definition of rape as:
A physical invasion of a sexual nature, committed on a person under circumstances which are coercive. Sexual violence which includes rape is considered to be any act of a sexual nature which is committed on a person under circumstances which are coercive. Akayesu case, Judgment, § 598]
911. This conceptual definition of rape was approved in Musema, where the Chamber highlighted the difference between “a physical invasion of a sexual nature”, and “any act of a sexual nature” as being the difference between rape and sexual assault. Meanwhile, a Trial Chamber of the ICTY handed down the Furundžija Judgment, in which the Chamber preferred the following more detailed definition related to objects and body parts:
Most legal systems in the common and civil law world consider rape to be the forcible sexual penetration of the human body by the penis or the forcible insertion of any other object into either the vagina or the anus. [Furundzija case, Judgment, §. 181]
912. This definition substantially modified and completed by Trial Chamber II in the Kunarac Judgment has been endorsed by the Appeals Chamber. It reads as follow[s]:
913. The actus reus of the crime of rape in international law is constituted by: the sexual penetration, however slight:
(a) of the vagina or anus of the victim by the penis of the perpetrator or any other object used by the perpetrator; or
(b) of the mouth of the victim by the penis of the perpetrator; where such sexual penetration occurs without the consent of the victim. Consent for this purpose must be consent given voluntarily, as a result of the victim’s free will, assessed in the context of the surrounding circumstances.
914. The mens rea is the intention to effect this sexual penetration, and the knowledge that it occurs without the consent of the victim.
915. Given the evolution of the law in this area, culminating in the endorsement of the Furundžija/Kunarac approach by the ICTY Appeals Chamber, the Chamber finds the latter approach of persuasive authority and hereby adopts the definition as given in Kunarac and quoted above. The mental element of the offence of rape as a crime against humanity is the intention to effect the above described sexual penetration, with the knowledge that it was being done without the consent of the victim.
916. Other acts of sexual violence which may fall outside of this specific definition may of course be prosecuted, and would be considered by the Chamber under other categories of crimes for which the Tribunal has jurisdiction, such as other inhumane acts. 
ICTR, Kajelijeli case, Judgment, 1 December 2003, §§ 910–916.
[emphasis in original]
The Trial Chamber subsequently found the accused not guilty of rape as a crime against humanity, but guilty of both genocide and of extermination, for which he received two sentences of imprisonment for the remainder of his life. He was also found guilty of direct and public incitement to commit genocide, for which he was sentenced to 15 years’ imprisonment. 
ICTR, Kajelijeli case, Judgment, 1 December 2003, §§ 942 and 968.
In its judgment in 2005, the Appeals Chamber found that the appellant had been impermissibly detained for a total of 306 days in Benin and the UN Detention Facility (UNDF), Arusha, because 1) he was not promptly informed of the reasons for his arrest or of the provisional charges against him, and 2) he was not promptly granted an initial appearance before a judge or an official acting in a judicial capacity without undue delay. It therefore set aside the sentences imposed by the Trial Chamber and converted them into a single sentence consisting of a fixed term of imprisonment of 45 years. 
ICTR, Kajelijeli case, Judgment on Appeal, 23 May 2005, §§ 251–253 and 323.
International Criminal Tribunal for Rwanda
In the Bizimana case before the ICTR in 2001, the accused were charged, inter alia, with: conspiracy to commit genocide, punishable under Article 2(3)(b) of the 1994 ICTR Statute; genocide, punishable under Article 2(3)(a) of the 1994 ICTR Statute, inter alia for “causing serious bodily or mental harm to members of the Tutsi population”, or, alternatively, complicity in genocide, punishable under Article 2(3)(e) of the 1994 ICTR Statute; direct and public incitement to commit genocide, punishable under Article 2(3)(c) of the 1994 ICTR Statute; rape and other inhumane acts as crimes against humanity, punishable under Article 3(g) and (i) of the 1994 ICTR Statute; and
outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault, as part of an armed internal conflict, … thereby committ[ing] SERIOUS VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, a crime stipulated in Article 4(e) of the [1994 ICTR Statute]. 
ICTR, Bizimana case, Amended Indictment, 21 November 2001, Counts 1–4, 7, 9 and 11.
[emphasis in original]
International Criminal Tribunal for Rwanda
In the Niyitegeka case before the ICTR in 2002, the accused, Eliézer Niyitegeka, who was Minister of Information in the interim government of Rwanda from 9 April to mid-July 1994, was charged, inter alia, with (a) rape as a crime against humanity, punishable under Article 3(g) of the 1994 ICTR Statute, for causing women to be raped as part of a widespread or systematic attack against the civilian population, and (b) outrages on personal dignity as serious violations of common Article 3 of the 1949 Geneva Conventions and of the 1977 Additional Protocol II, punishable under Article 4(e) of the 1994 ICTR Statute, in particular for humiliating and degrading treatment, rape and indecent assault. 
ICTR, Niyitegeka case, Amended Indictment, 25 November 2002, § 7, Counts 7 and 10.
The Prosecution subsequently withdrew the second of those charges: outrages on personal dignity. 
ICTR, Niyitegeka case, Judgment, 16 May 2003, § 468.
In its judgment in 2003, the Trial Court considered the law with regard to rape as a crime against humanity:
456. Article 3 of the [1994 ICTR] Statute provides that the crime must be committed as part of a widespread or systematic attack against a civilian population on national, political, ethnic, racial or religious grounds. The Accused need not act with discriminatory intent, but he must know that his act is part of this widespread or systematic attack. In respect of this count, the Accused must have raped one or more persons, rape being “a physical invasion of a sexual nature, committed on a person under circumstances which are coercive.” [ Akayesu judgement, § 688] 
ICTR, Niyitegeka case, Judgment, 16 May 2003, § 456.
The Trial Chamber found the accused not guilty of the charge of rape as a crime against humanity. He was, however, found guilty of genocide and various other crimes against humanity. He was sentenced to imprisonment for the remainder of his life. 
ICTR, Niyitegeka case, Judgment, 16 May 2003, §§ 480 and 502.
The Appeals Chamber subsequently dismissed the appellant’s appeal in its entirety and affirmed the sentence of imprisonment for the remainder of his life. 
ICTR, Niyitegeka case, Judgment on Appeal, 9 July 2004, § 270.
International Criminal Tribunal for Rwanda
In the Ndindiliyimana case before the ICTR in 2004, the accused, senior members of the Forces armées rwandaises (FAR), were charged, inter alia, with rape and other humiliating and degrading treatment as a violation of common Article 3 of the 1949 Geneva Conventions and of the 1977 Additional Protocol II, punishable under Article 4(e) of the 1994 ICTR Statute. According to the Prosecutor, the accused “knew or had reason to know that their subordinates had committed or were about to commit the rapes … and did not take reasonable and necessary measures to prevent such crimes or to punish the perpetrators thereof”. 
ICTR, Ndindiliyimana case, Amended Indictment, 23 August 2004, § 119, Count 8.
International Criminal Tribunal for the former Yugoslavia
In its review of the indictment in the Nikolić case in 1995, the ICTY Trial Chamber stated that it considered that “rape and other forms of sexual assault inflicted on women in circumstances such as those described by the witnesses, may fall within the definition of torture submitted by the Prosecutor”. 
ICTY, Nikolić case, Review of the Indictment, 20 October 1995, § 33.
International Criminal Tribunal for the former Yugoslavia
In the Kvočka case before the ICTY in 1998, the accused was charged with “sexual assault … of Bosnian Muslim, Bosnian Croat and other non-Serb detainees”. 
ICTY, Kvočka case, Indictment, 12 June 1998, § 28; see also § 35.
International Criminal Tribunal for the former Yugoslavia
In its judgment in the Mucić case in 1998, the ICTY Trial Chamber stated that “there can be no doubt that rape and other forms of sexual assault are expressly prohibited under international humanitarian law” and that it considered “rape to constitute a physical invasion of a sexual nature, committed on a person under circumstances that are coercive”. It also considered that:
The rape of any person [is] a despicable act which strikes at the very core of human dignity and physical integrity. The condemnation and punishment of rape becomes all the more urgent where it is committed by, or at the instigation of, a public official, or with the consent or acquiescence of such an official … It is difficult to envisage circumstances in which rape, by, or at the instigation of a public official, or with the consent or acquiescence of an official, could be considered as occurring for a purpose that does not, in some way, involve punishment, coercion, discrimination or intimidation. In the view of this Trial Chamber this is inherent in situations of armed conflict.
It then stated that whenever rape and other forms of sexual violence meet the conditions, they shall constitute torture, in the same manner as any other acts that meet these criteria. 
ICTY, Mucić case, Judgment, 16 November 1998, §§ 476, 479 and 495–496.
International Criminal Tribunal for the former Yugoslavia
In its judgment in the Furundžija case in 1998, the ICTY Trial Chamber noted that a prohibition of rape and serious sexual assault in armed conflict under customary international law has
gradually crystallised out of the express prohibition of rape in article 44 of the Lieber Code and the general provisions contained in article 46 of the regulations annexed to Hague Convention IV, read in conjunction with the “Martens clause” laid down in the preamble to that Convention. While rape and sexual assaults were not specifically prosecuted by the Nuremberg Tribunal, rape was expressly classified as a crime against humanity under article II (1)(c) of Control Council Law No. 10. The Tokyo International Military Tribunal convicted Generals Toyoda and Matsui of command responsibility for violations of the laws or customs of war committed by their soldiers in Nanking, which included widespread rapes and sexual assaults. The former Foreign Minister of Japan, Hirota, was also convicted for these atrocities. This decision and that of the United States Military Commission in Yamashita, along with the ripening of the fundamental prohibition of “outrages upon personal dignity” laid down in common article 3 [of the 1949 Geneva Conventions and of the 1977 Additional Protocol II] into customary international law, has contributed to the evolution of universally accepted norms of international law prohibiting rape as well as serious sexual assault. These norms are applicable in any armed conflict. 
ICTY, Furundžija case, Judgment, 10 December 1998, § 168.
The Tribunal also defined rape and serious sexual assault:
185. Thus, the Trial Chamber finds that the following may be accepted as the objective elements of rape:
(i) the sexual penetration, however slight:
(a) of the vagina or anus of the victim by the penis of the perpetrator or any other object used by the perpetrator; or
(b) of the mouth of the victim by the penis of the perpetrator;
(ii) by coercion or force or threat of force against the victim or a third person.
186. As pointed out above, international criminal rules punish not only rape but also any serious sexual assault falling short of actual penetration. It would seem that the prohibition embraces all serious abuses of a sexual nature inflicted upon the physical and moral integrity of a person by means of coercion, threat of force or intimidation in a way that is degrading and humiliating for the victim’s dignity. As both these categories of acts are criminalised in international law, the distinction between them is one that is primarily material for the purposes of sentencing. 
ICTY, Furundžija case, Judgment, 10 December 1998, §§ 185–186.
The Tribunal found the accused guilty of a violation of the laws and customs of war (outrages upon dignity, including rape). 
ICTY, Furundžija case, Judgment, 10 December 1998, Part IX.
International Criminal Tribunal for the former Yugoslavia
In the judgment on appeal in the Furundžija case in 2000, the ICTY Appeals Chamber stated:
With regard to the issue of the reaffirmation by the International Tribunal of rape as a war crime, the Appeals Chamber finds that the international community has long recognised rape as a war crime. In the Delalić and Others Judgement, one of the accused was convicted of torture by means of rape, as a violation of the laws or customs of war. This recognition by the international community of rape as a war crime is also reflected in the Rome Statute where it is designated as a war crime. 
ICTY, Furundžija case, Judgment on Appeal, 21 July 2000, § 210.
International Criminal Tribunal for the former Yugoslavia
In its judgment in the Kunarac case in 2000, the ICTY Trial Chamber held:
406. The Chamber further considers that it is unnecessary to discuss any additional requirements for the application of rape charges based on treaty law, since common Article 3 alone is sufficient in principle to form the basis of these charges under Article 3 [of the 1993 ICTY Statute], as is observed below.
436. Rape has been charged against the three accused as a violation of the laws or customs of war under Article 3 and as a crime against humanity under Article 5 of the Statute. The Statute refers explicitly to rape as a crime against humanity within the Tribunal’s jurisdiction in Article 5(g). The jurisdiction to prosecute rape as an outrage against personal dignity, in violation of the laws or customs of war pursuant to Article 3 of the Statute, including upon the basis of common Article 3 to the 1949 Geneva Conventions, is also clearly established.
438. The Trial Chamber considers that the Furundžija definition, although appropriate to the circumstances of that case, is in one respect more narrowly stated than is required by international law. In stating that the relevant act of sexual penetration will constitute rape only if accompanied by coercion or force or threat of force against the victim or a third person, the Furundžija definition does not refer to other factors which would render an act of sexual penetration non-consensual or non-voluntary on the part of the victim, which, as foreshadowed in the hearing and as discussed below, is in the opinion of this Trial Chamber the accurate scope of this aspect of the definition in international law. 
ICTY, Kunarac case, Judgment, 22 February 2001, §§ 406, 436 and 438.
The Tribunal found the accused guilty of “crimes against humanity (rape)” and “violations of the laws or customs of war (rape)”. 
ICTY, Kunarac case, Judgment, 22 February 2001, §§ 883, 886 and 888.
International Criminal Tribunal for the former Yugoslavia
In its judgment in the Kvočka case in 2001, the ICTY Trial Chamber stated with regard to the constituent elements of the crime of rape under Articles 3 and 5 of the 1993 ICTY Statute:
175. Rape was succinctly defined in the Akayesu Trial Chamber Judgement as “a physical invasion of a sexual nature, committed on a person under circumstances which are coercive.” The Furundzija Trial Chamber articulated the objective elements of rape as follows:
(i) the sexual penetration, however slight:
(a) of the vagina or anus of the victim by the penis of the perpetrator or any other object used by the perpetrator; or
(b) of the mouth of the victim by the penis of the perpetrator;
(ii) by coercion or force or threat of force against the victim or a third person.
176. The Kunarac Trial Chamber, however, found element (ii) of the Furundzija element more restrictive than required by international law, and concluded that it should be interpreted to mean “where such sexual penetration occurs without the consent of the victim.” The Kunarac Judgement emphasizes that the consent must be “given voluntarily, as a result of the victim’s free will, assessed in the context of the surrounding circumstances” and the principal focus should be whether there were serious violations of sexual autonomy.
177. The Trial Chamber agrees with the factors set out by the Trial Chamber in Kunarac, defining rape as a violation of sexual autonomy. In order for sexual activity to be classified as rape:
(i) the sexual activity must be accompanied by force or threat of force to the victim or a third party;
(ii) the sexual activity must be accompanied by force or a variety of other specified circumstances which made the victim particularly vulnerable or negated her ability to make an informed refusal; or
(iii) the sexual activity must occur without the consent of the victim.
178. In considering allegations of rape, the Celebici Trial Chamber stressed that coercive conditions are inherent in situations of armed conflict. Further, the Furundzija Trial Chamber emphasized that “any form of captivity vitiates consent.” This Trial Chamber endorses these holdings.
179. The mens rea of the crime of rape is the intent to effect a sexual penetration and the knowledge that it occurs without the consent of the victim.
180. The Akayesu Trial Chamber defined sexual violence as “any act of a sexual nature which is committed on a person under circumstances which are coercive.” Thus, sexual violence is broader than rape and includes such crimes as sexual slavery or molestation. Moreover, the Akayesu Trial Chamber emphasized that sexual violence need not necessarily involve physical contact and cited forced public nudity as an example.
181. The Amended Indictment charges sexual violence as one of the acts that may constitute persecution if the requisite intent is shown (count 1). In addition, rape as a crime against humanity is charged against Mladjo Radic for his assaults on specified victims (count 15).
182. The evidence establishes … that female detainees in Omarska camp were subjected to forced or coerced acts of sexual penetration, as well as other acts of a sexual nature committed under coercive or abusive circumstances.
183. The Trial Chamber is satisfied that rape and other forms of sexual violence falling within the meaning of Articles 3 and 5 (rape and persecution) of the [1993 ICTY] Statute were committed. 
ICTY, Kvočka case, Judgment, 2 November 2001, §§ 175–183.
International Criminal Tribunal for the former Yugoslavia
In the Stanković case before the ICTY in 2003, Radovan Stanković, a member of a Bosnian Serb paramilitary unit based in Foča, was charged with crimes against humanity (enslavement and rape), punishable under Article 5 of the 1993 ICTY Statute, and violations of the laws or customs of war (rape and outrages upon personal dignity), punishable under Article 3 of the 1993 ICTY Statute. 
ICTY, Stanković case, Third Amended Indictment, 8 December 2003, §§ 4.1–5.6, Counts 1–8.
The prosecutor based these charges on, inter alia, the participation of the accused “in the assignment of girls and women to Serb soldiers so that those soldiers could rape and otherwise sexually assault them”. 
ICTY, Stanković case, Third Amended Indictment, 8 December 2003, § 4.4.
The indictment notes that “[d]uring the entire period of their detention the girls and women were subjected to repeated rapes and sexual assaults” and that “[i]f any of the women or girls refused to obey orders, they would be beaten”. 
ICTY, Stanković case, Third Amended Indictment, 8 December 2003, §§ 4.7 4.10.
International Criminal Tribunal for the former Yugoslavia
The Bralo case before the ICTY in 2005 dealt with crimes involving the multiple murder, rape, torture, unlawful confinement and inhumane treatment of Bosnian Muslim civilians in central Bosnia and Herzegovina between January and mid-July 1993. Following a plea agreement between the accused and the prosecution, Miroslav Bralo, a former member of the Croatian Defence Council (HVO) armed forces, was charged, inter alia, with violations of the laws or customs of war (outrages upon personal dignity including rape) for the repeated rape of a Muslim woman between 15 May 1993 and an unknown date in July 1993 – a crime involving both the accused and members of the accused’s military unit, the “Jokers”. 
ICTY, Bralo case, Amended Indictment, 19 July 2005, § 28–31, Count 5.
Following a plea agreement between the accused and the office of the Prosecutor in July 2005, the accused admitted his guilt on all eight counts contained in the indictment. The Trial Chamber accepted the guilty pleas and entered a conviction for each of the eight counts charged. 
ICTY, Bralo case, Sentencing Judgment, 7 December 2005, § 3.
The accused was subsequently sentenced to 20 years’ imprisonment. 
ICTY, Bralo case, Sentencing Judgment, 7 December 2005, § 97.
This sentence was later affirmed by the Appeals Chamber. 
ICTY, Bralo case, Judgment on Sentencing Appeal, 2 April 2007, VI. Disposition.
In its judgment, The Trial Chamber reiterated:
international humanitarian law, along with basic principles of humanity, require that individuals who are detained during an armed conflict must be treated humanely, and that the rape and torture of a woman in this context is a most heinous crime requiring unequivocal condemnation. 
ICTY, Bralo case, Sentencing Judgment, 7 December 2005, §33.
International Criminal Tribunal for the former Yugoslavia
In the Delić case before the ICTY in 2006, the accused, a former commander of the Army of the Republic of Bosnia and Herzegovina (ARBiH), was charged with murder, cruel treatment and rape as violations of the laws or customs of war pursuant to Articles 3 and 7(3) of the 1993 ICTY Statute. 
ICTY, Delić case, Amended Indictment, 14 July 2006, §§ 24–50, Counts 1–4.
With regard to the responsibility of the accused for the crime of rape, the Prosecutor stated that he “was put on notice” of crimes committed by troops, but “failed to take the necessary and reasonable measures to prevent the crimes”. 
ICTY, Delić case, Amended Indictment, 14 July 2006, § 50.
According to the amended indictment, these crimes included sexual assaults directed against three women detained by troops under his command: “The women, who were kept separate from male prisoners, were beaten and kicked, hit with metal sticks and rifle butts and subjected to sexual assaults, including rape.” 
ICTY, Delić case, Amended Indictment, 14 July 2006, § 48.
International Criminal Tribunal for the former Yugoslavia
In its sentencing judgment in the Zelenović case in 2007, the ICTY Trial Chamber stated:
Rape requires a sexual penetration of the vagina or anus of the victim by the penis of the perpetrator or any other object used by the perpetrator, or of the mouth of the victim by the penis of the perpetrator, where such penetration occurs without the consent of the victim. The violation of the moral and physical integrity of the victims makes rape a particularly serious crime. Rape is an inherently humiliating offence, and humiliation is generally taken into account when assessing the gravity of a crime. 
ICTY, Zelenović case, Sentencing Judgment, 4 April 2007, § 36.
International Criminal Tribunal for the former Yugoslavia
In the Haradinaj case before the ICTY in 2007, the accused, Ramush Haradinaj, commander of the Kosovo Liberation Army (KLA) in the Dukagjin Operational Zone, Idriz Balaj, commander of a KLA special unit operating in the Dukagjin Operational Zone, and Lahi Brahimaj, deputy commander of the Dukagjin Operative Staff, were charged, inter alia, with rape for their alleged roles in acts committed in Kosovo in 1998. 
ICTY, Haradinaj case, Third Amended Indictment, 7 September 2007, § 114.
The acts were charged as crimes against humanity (rape as persecutory act) punishable under Article 5(g) of the 1993 ICTY Statute, or, alternatively, rape, punishable under Article 5(a) of the 1993 ICTY Statute, and as violations of the laws or customs of war, punishable under Article 3 of the 1993 ICTY Statute. 
ICTY, Haradinaj case, Third Amended Indictment, 7 September 2007, § 114, Counts 35 and 36.
International Criminal Tribunal for the former Yugoslavia
In the Milutinović case, the accused were charged with violations of the laws or customs of war and crimes against humanity as members of a joint criminal enterprise to, amongst other things, modify the ethnic balance in Kosovo to ensure Serbian control of the province through a campaign of terror and violence directed at the Kosovo Albanian population. In its judgment in 2009, the ICTY Trial Chamber set out the elements of the crime of sexual assault, distinct from the crime of rape. The Trial Chamber then considered the possible categorization of rape as one form of sexual assault. The Trial Chamber stated:
183. [A]lthough it is apparent from the jurisprudence of the Tribunal that both rape and sexual assault are punishable under the [1993 ICTY] Statute, it is less clear whether “sexual assault” as used in those judgements is a term of art referring to a sexual offence that is short of rape, or whether it is a general term that encompasses the offence of rape. In the present case, the Chamber will interpret count 5 as charging the form of persecution termed “sexual assault” as an offence that may include rape where there is evidence of sexual penetration, as well as other forms of sexual assault, the elements of which are discussed below.
184. Although the Statute does not list “sexual assault” as a crime falling within the ambit of Articles 2, 3, 4, or 5, a number of authorities establish the jurisdiction of the Tribunal over sexual assault offences. Firstly, it is clear from the report produced by the [UN] Secretary-General in 1993, entitled “Rape and Abuse of Women in the Territory of the Former Yugoslavia”, which makes several references to sexual assaults, that it was intended for the Tribunal to have jurisdiction in relation to sexual offences beyond rape. Furthermore, Annex II of the Final Report of the Commission of Experts set up by [UN] Security Council Resolution 780 (1992) comprised a legal study of rape and sexual assault: this Annex expressly provided that sexual assaults other than rape, such as “enforced prostitution and painful circumcision”, are “considered to be crimes of a very serious nature with a wide range of severe effects on the victim”.
185. The Tribunal’s Rules [of Procedure and Evidence] include specific provisions for dealing with victims of sexual assault, such as Rule 34, which reiterates the importance of meeting the needs of victims of and witnesses to this offence. Rule 96 in turn relates specifically to evidence in cases of sexual assault and affirms the Tribunal’s intent to prosecute not only rapes, but also other types of sexual assault.
186. An express confirmation of the Tribunal’s jurisdiction over sexual assault as an offence distinct from rape is found in the Furundžija Judgement, which states that “international criminal rules punish not only rape but also any serious sexual assault falling short of actual penetration.” [Furundžija case, Judgement, § 186] A similar statement is found in the Stakić Trial Judgement. These decisions do not, however, set out explicitly the actus reus and mens rea of “sexual assault”, nor clarify which of the categories of crimes laid out in the Tribunal’s Statute encompass it.
187. As noted above, in order to constitute persecution, the Trial Chamber must find that “sexual assault” entails the denial or infringement of a fundamental right, and is of equal gravity to the other offences listed in Article 5 of the Statute. However, as a form of persecution, it need not be demonstrated that “sexual assault” itself constituted a crime under international law at the time of commission of the relevant acts.
(A) Denial or infringement of a fundamental right
188. The term “sexual assault” is not explicitly used in any international human rights treaty. The [1979] Convention on the Elimination of All Forms of Discrimination Against Women [CEDAW] does not mention sexual assault, although it makes reference to the prohibition on “exploitation of prostitution”. The right not to be sexually assaulted has, however, been subsumed under more general fundamental rights relating to physical integrity.
189. A number of Tribunal and ICTR judgements indicate that sexual assault may also be considered as a form of torture or cruel, inhuman, or degrading treatment. This view is consistent with the finding of the Commission of Experts that, under international humanitarian law, rape and other forms of sexual assault can be categorised as “‘torture or … other form of inhuman or degrading treatment’, ‘wilfully causing great suffering’ or other terms of such a nature”.
190. In addition, a number of judgements support the view that sexual assault may constitute an offence that amounts to an “inhumane act” or “outrage upon personal dignity”. The ICTR explicitly held in the Akayesu case that “[s]exual violence is not limited to physical invasion of the human body and may include acts which do not involve penetration or even physical contact” including forced nudity. [Akayesu case, Judgement, § 688] The Judgement further found that forced nudity constituted an inhumane act, and convicted the accused for inter alia inhumane acts as a crime against humanity.
191. In Tadić, the Trial Chamber concluded that mutilation of a sexual nature, as well as other types of severe bodily harm, constitutes “inhumane acts” that cause “injury to a human being in terms of physical or mental integrity, health or human dignity”, and the Čelebići Judgement highlighted that sexual violence constitutes a violation of “the inherent dignity and the right to physical integrity of the human being”. [Čelebići case, Judgement, § 491]
192. This Trial Chamber concludes therefore that “sexual assault” falls within various provisions safeguarding physical integrity, and, as was expressly mentioned in Furundžija, “[t]he right to physical integrity is a fundamental one, and is undeniably part of customary international law.” [Furundžija case, Judgement, § 170] The offence in question may also constitute an “outrage upon personal dignity”, a violation of a fundamental right.
(B) Equal gravity requirement
193. Having been classified as falling within crimes such as “torture” and “inhumane acts”, among others, sexual assault offences may reach the requirement of gravity equal to that of other crimes against humanity enumerated in Article 5 of the Statute, particularly since both “torture” and “inhumane acts” are expressly listed as underlying offences within the ambit of Article 5. The Chamber therefore concludes that “sexual assault” is a form of persecution and thus is punishable as a crime against humanity, so long as the equal gravity requirement is satisfied. In reaching its conclusions concerning the elements of “sexual assault” below, the Chamber has throughout been mindful of the equal gravity requirement that qualifies the offence as a form of persecution.
(C) Elements
194. Having established that “sexual assault” fulfils the criteria for consideration as a form of persecution, the elements of the offence that are here applied must now be clarified
195. As noted above, the ICTR explicitly held in Akayesu that “[s]exual violence is not limited to physical invasion of the human body and may include acts which do not involve penetration or even physical contact” including forced nudity. [Akayesu case, Judgement, § 688] In Brđanin, the Trial Chamber found that the offence of sexual assault “embraces all serious abuses of a sexual nature inflicted upon the integrity of a person by means of coercion, threat of force or intimidation in a way that is humiliating and degrading to the victim’s dignity.” [Brđanin case, Judgement, § 1012]
196. These cases provide some indication of the types of conduct short of sexual penetration that may be considered to constitute “sexual assault”, rather than the narrower offence of rape, which does require such penetration. However, no international treaty sets out the elements of sexual assault as an offence recognised by international law. Similarly, the elements of sexual assault in customary international law have never been elaborated.
197. Analysis of the situation in a number of common law and civil law jurisdictions leads to the conclusion that, while the majority do not have a codified, elements-based definition of the term “sexual assault”, they do generally have provisions on the prosecution and punishment of offences similar to sexual assault. These domestic systems often provide for a range of different types of offences that could be considered to fall within the more general category of sexual assault that is here under discussion.
198. Overall, analysis of domestic approaches to sexual assault offences shows some common elements. Generally, it is required that sexual assault be committed through the exercise of violence, force, constraint or other form of coercion on the victim. Threat to use violence against the victim or, in some cases, against a third person, can also be sufficient. However, a number of jurisdictions place the emphasis upon absence of the victim’s consent rather than highlighting the use of violence or threats by the perpetrator. However, the Chamber observes that the apparent disparity in approach is of a formal nature only. As stated above, the Trial Chamber in Brđanin found that for a finding of the offence of sexual assault, a person must be subjected to “coercion, threat of force, or intimidation”. In Akayesu, the ICTR embraced a broad understanding of coercion, holding that it may be evidenced by “[t]hreats, intimidation, extortion and other forms of duress which prey on fear or desperation” as well as be inherent “in certain circumstances, such as armed conflict”. [Akayesu case, Judgement, § 688] In this light, when a victim performed an act without giving genuine consent to the same, the necessary implication is that that person had been coerced to do so. Therefore, in this respect, domestic solutions are consonant with the existing international jurisprudence.
199. The Statute and jurisprudence of the Tribunal only contain rape and sexual assault, rather than other categories of offences of a sexual nature. The Trial Chamber is, therefore, of the view that a broad approach to the requisite elements is appropriate, so long as the equal gravity requirement for its characterisation as a form of persecution is taken account of. Thus, the Chamber considers that “sexual assault” may be committed in situations where there is no physical contact between the perpetrator and the victim, if the actions of the perpetrator nonetheless serve to humiliate and degrade the victim in a sexual manner. Indeed, limiting the elements of sexual assault to non-consensual touching would contradict existing jurisprudence such as in the case of Akayesu, where it was held that “[s]exual violence is not limited to physical invasion of the human body and may include acts which do not involve penetration or even physical contact” including forced nudity. [Akayesu case, Judgement, § 688] Furthermore, the Chamber considers that it would be inappropriate to place emphasis on the sexual gratification of the perpetrator in defining the elements of “sexual assault”. In the context of an armed conflict, the sexual humiliation and degradation of the victim is a more pertinent factor than the gratification of the perpetrator, and it is this element that provides specificity to the offence.
200. Any form of coercion, including acts or threats of violence, detention, and generally oppressive surrounding circumstances, is simply evidence that goes to proof of lack of consent. In addition, the Trial Chamber is of the view that when a person is detained, particularly during an armed conflict, coercion and lack of consent can be inferred from these circumstances. In this regard, the force required for a sexual assault is only that which is necessary to perform the act of a sexual nature, and actual coercion is not a required element.
201. The Chamber therefore finds that, in addition to the general requirements of crimes against humanity, and the specific requirements of persecutions, the Prosecution must prove that the following elements have been satisfied beyond a reasonable doubt, in order to establish that the underlying offence of sexual assault as a form of persecution, as a crime against humanity, has been committed:
(a) The physical perpetrator commits an act of a sexual nature on another, including requiring that person to perform such an act.
(b) That act infringes the victims’ physical integrity or amounts to an outrage to the victim’s personal dignity.
(c) The victim does not consent to the act.
(d) The physical perpetrator intentionally commits the act.
(e) The physical perpetrator is aware that the act occurred without the consent of the victim.
(D) Rape as a type of sexual assault
202. As noted above, the Trial Chamber considers that rape may be considered as a specific type of sexual assault offence, and evidence of rape may, therefore, be considered as evidence supporting charges of sexual assault as a form of persecution. … This Trial Chamber considers rape to be evidence of sexual assault, as a form of persecution, as a crime against humanity.
203. In this respect, the Chamber recalls that, after extensive reviews of the law pertaining to rape in international instruments and national jurisdictions, the Furundžija and Kunarac et al. Trial Chambers articulated the following definition of rape in international law:
[T]he actus reus of the crime of rape in international law is constituted by: the sexual penetration, however slight: (a) of the vagina or anus of the victim by the penis of the perpetrator or any other object used by the perpetrator; or (b) of the mouth of the victim by the penis of the perpetrator; where such sexual penetration occurs without the consent of the victim. Consent for this purpose must be consent given voluntarily, as a result of the victim’s free will, assessed in the context of the surrounding circumstances. The mens rea is the intention to effect this sexual penetration, and the knowledge that it occurs without the consent of the victim. [Kunarac case, Judgement, § 460]. 
ICTY, Milutinović case, Judgment, 26 February 2009, §§ 183–203.
[footnotes in original omitted]
Special Court for Sierra Leone
In the Bockarie case before the SCSL in 2003, the accused, a senior member of the Revolutionary United Front (RUF), Junta and Armed Forces Revolutionary Council (AFRC)/RUF forces, was charged, inter alia, with rape, sexual slavery and “any other form of sexual violence” as crimes against humanity, punishable under Article 2(g) of the 2002 Statute of the Special Court for Sierra Leone, and, in addition or in the alternative, with
[o]utrages upon personal dignity, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.e. of the [2002 Statute of the Special Court for Sierra Leone]. 
SCSL, Bockarie case, Indictment, 7 March 2003, §§ 41–45, Counts 6–8.
[emphasis in original]
Allegedly, “[w]idespread sexual violence committed against civilian women and girls included brutal rapes, often by multiple rapists”. 
SCSL, Bockarie case, Indictment, 7 March 2003, § 41.
Due to the accused’s death, the indictment was withdrawn. 
SCSL, Bockarie case, Withdrawal of Indictment, 8 December 2003.
Special Court for Sierra Leone
In the Koroma case before the SCSL in 2003, the accused, the leader of the Armed Forces Revolutionary Council (AFRC), a senior leader of the AFRC/Revolutionary United Front (RUF), a senior member of the Junta regime, and exercising the powers of the president of the Republic of Sierra Leone from May 1997 to February 1998, was charged, inter alia, with rape, sexual slavery and “any other form of sexual violence” as crimes against humanity, punishable under Article 2(g) of the 2002 Statute of the Special Court for Sierra Leone, and, in addition or in the alternative, with:
[o]utrages upon personal dignity, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.e. of the [2002 Statute of the Special Court for Sierra Leone]. 
SCSL, Koroma case, Indictment, 7 March 2003, §§ 39–43, Counts 6–8.
[emphasis in original]
Allegedly, “[w]idespread sexual violence committed against civilian women and girls included brutal rapes, often by multiple rapists.” 
SCSL, Koroma case, Indictment, 7 March 2003, § 39.
Special Court for Sierra Leone
In the Sankoh case before the SCSL in 2003, the accused, the leader of the Revolutionary United Front (RUF), a senior leader in the Armed Forces Revolutionary Council (AFRC)/RUF, and a senior member of the Junta regime, was charged, inter alia, with rape, sexual slavery and “any other form of sexual violence” as crimes against humanity, punishable under Article 2(g) of the 2002 Statute of the Special Court for Sierra Leone, and, in addition or in the alternative, with
[o]utrages upon personal dignity, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.e. of the [2002 Statute of the Special Court for Sierra Leone]. 
SCSL, Sankoh case, Indictment, 7 March 2003, §§ 42–46, Counts 6–8.
[emphasis in original]
Allegedly, “[w]idespread sexual violence committed against civilian women and girls included brutal rapes, often by multiple rapists.” 
SCSL, Sankoh case, Indictment, 7 March 2003, § 42.
Due to the accused’s death, the indictment was withdrawn. 
SCSL, Sankoh case, Withdrawal of Indictment, 8 December 2003.
Special Court for Sierra Leone
In the Brima case before the SCSL in 2005, the three accused, all former non-commissioned officers in the Sierra Leone Army who became senior members of the Armed Forces Revolutionary Council (AFRC) that seized power from the elected government of the Republic of Sierra Leone in May 1997, were charged, inter alia, with rape, sexual slavery and any other form of sexual violence, and “other inhumane acts” as crimes against humanity, punishable under Article 2(g) and (i) of the 2002 Statute of the Special Court for Sierra Leone, and, in addition or in the alternative, with
[o]utrages upon personal dignity, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.e. of the Statute. 
SCSL, Brima case, Further Amended Consolidated Indictment, 18 February 2005, §57, Counts 6–9.
[emphasis in original]
It was alleged that, between February 1998 and April 1999, members of the AFRC/Revolutionary United Front (RUF) committed “[w]idespread sexual violence … against civilian women and girls [that] included brutal rapes, often by multiple rapists, and forced ‘marriages’”. 
SCSL, Brima case, Further Amended Consolidated Indictment, 18 February 2005, §§ 51–57.
In its consideration of the charges, the Trial Chamber, by majority, dismissed in its entirety the charge of “sexual slavery and any other forms of sexual violence (Count 7)”, finding that it was “duplex and defective in as far as it does not enable the accused persons to know precisely which of the two crimes (sexual slavery or sexual violence) they should be defending themselves against” and that the situation could “prejudice a fair trial of the accused persons if left uncorrected.” 
SCSL, Brima case, Judgment, 20 June 2007, §§ 93 and 95.
However, after rejecting a Prosecution submission that there should be a separate crime of “forced marriage” distinct from that of “sexual slavery”, the Trial Chamber, in a majority decision, decided that “in the interests of justice” it would consider the evidence of Sexual Slavery under Count 9 (Outrages upon personal dignity). 
SCSL, Brima case, Judgment, 20 June 2007, § 713.
The Trial Chamber, again in a majority decision, also dismissed in its entirety the charge of “other inhumane acts” (Count 8), finding that “alleged offences of a residual, non-sexual nature do not belong under the part of the Indictment entitled ‘Counts 6–9: Sexual Violence’”. Such residual crimes, it stated, would be dealt with in Count 11 [Other inhumane acts relating to physical violence]. 
SCSL, Brima case, Judgment, 20 June 2007, § 714.
The Trial Chamber then considered the law applicable to the charge of “outrages upon personal dignity”:
715. Article 3(e) of the [2002 Statute of the Special Court for Sierra Leone] safeguards the highly important value of human dignity by prohibiting “[o]utrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault”. The crime of outrages upon personal dignity must be interpreted in light of the purpose behind Common Article 3 of the [1949 Geneva] Conventions, which is: “to uphold the inherent human dignity of the individual”; or to safeguard “the principles of humane treatment.” The said crime is formulated in a manner which ensures broad and flexible interpretation. The list of offences subsumed under outrages against personal dignity constitutes a “non-exhaustive list of conduct”, with humiliating and degrading treatment, rape, enforced prostitution and indecent assaults of any kind given by way of example.” The ICRC Commentary on the Fourth Geneva Convention notes that: “[i]t seems useless and even dangerous to attempt to make a list of all the factors that make treatment ‘humane’” and that treatment which degrades human dignity can take innumerable forms. The crime of outrages upon personal dignity was first articulated in the 1949 Geneva Conventions and is firmly entrenched in customary international law.
716. In addition to the chapeau requirements of Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II pursuant to Article 3 of the [2002 Statute of the Special Court for Sierra Leone], the Trial Chamber adopts the following elements of the crime of outrages upon personal dignity:
1. The perpetrator committed an outrage upon the personal dignity of the victim;
2. The humiliation and degradation was so serious as to be generally considered as an outrage upon personal dignity;
3. The perpetrator intentionally committed or participated in an act or omission which would be generally considered to cause serious humiliation, degradation or otherwise be a serious attack on human dignity; and
4. The perpetrator knew that the act or omission could have such an effect.
(ii) Findings
717. Count 9 has been charged in addition to or in the alternative to Count 6 (Rape), Count 7 (Sexual Slavery and Any Other Form of Sexual Violence) and Count 8 (Other Inhumane Act, Forced Marriage).
718. Rape (Count 6) is an offence which is specified in Article 3(e) of the [2002 Statute of the Special Court for Sierra Leone] as being an outrage upon personal dignity. As stated by the ICTR Trial Chamber in Akayesu, “[l]ike torture, rape is used for such purposes as intimidation, degradation, humiliation, discrimination, punishment, control or destruction of a person. Like torture, rape is a violation of personal dignity”.
719. With reference to the elements of sexual slavery set out in the discussion of Count 8 above, the Trial Chamber is similarly satisfied that sexual slavery is an act of humiliation and degradation so serious as to be generally considered an outrage upon personal dignity. The Trial Chamber in Kvočka held that “perform[ing] subservient acts,” and “endur[ing] the constant fear of being subjected to physical, mental or sexual violence” in camps were outrages upon personal dignity. Sexual slavery, which may encompass rape and/or other types of sexual violence as well as enslavement, entails a similar humiliation and degradation of personal dignity.
720. “Any other form of Sexual Violence” in the context of crimes against humanity is a residual category of sexual crimes listed under Article 2(g) of the [2002 Statute of the Special Court for Sierra Leone], and may encompass an unlimited number of acts. The Trial Chamber agrees with the conclusion of the ICTY Trial Chamber in Kvočka that “sexual violence is broader than rape”. The prohibition embraces all serious abuses of a sexual nature inflicted upon the physical and moral integrity of a person by means of coercion, threat of force or intimidation.
721. The Indictment fails to provide any particulars as to the specific form of sexual violence alleged. One of the fundamental rights guaranteed to an accused under Article 17(4)(a) of the [2002 Statute of the Special Court for Sierra Leone] is the right to be informed “of the nature and cause of the charge against him”. An Indictment is defective if it does not state the material facts underpinning the charges with enough detail to enable an accused to prepare his or her defence. In the present case, given the broad scope of the offence of “any other form of sexual violence”, it was essential for the Indictment to clearly identify the specific offence or offences which the Accused are required to answer. The Trial Chamber finds that the Indictment is defective in this respect because it fails to plead material facts with sufficient specificity. For this reason, the charge of “any other form of sexual violence” [but not that of “sexual slavery”] is dismissed and thus will not be considered additionally or alternatively under Count 9. 
SCSL, Brima case, Judgment, 20 June 2007, §§ 715–721.
Subsequently, each of the three accused was found guilty, inter alia, of committing acts of rape and “outrages upon personal dignity”. 
SCSL, Brima case, Judgment, 20 June 2007, XIII. Disposition, §§ 2113–2123.
Brima and Kanu were each sentenced to 50 years’ imprisonment; Kamara was sentenced to 45 years’ imprisonment. 
SCSL, Brima case, Sentencing Judgment, 19 July 2007, VI. Disposition.
In its judgment in 2008, the Appeals Chamber ruled that forced marriage, distinct from sexual slavery, came within the scope of “other inhumane acts” as a crime against humanity under Article 2.i of the 2002 Statute of the Special Court for Sierra Leone, stating:
182. The first issue for the Appeals Chamber’s determination relates to the scope of “Other Inhumane Acts” under Article 2.i of the [2002] Statute [of the Special Court for Sierra Leone]. The Trial Chamber concluded that in light of the exhaustive categorisation of sexual crimes under Article 2.g, [of the Statute of the Special Court for Sierra Leone] the offence of “Other Inhumane Acts” must be restrictively interpreted so as to exclude offences of a sexual nature. The Appeals Chamber considers that it is implicit in the Trial Chamber’s finding that it considered forced marriage as a sexual crime.
183. In order to assess the correctness of the Trial Chamber’s finding, regard must be given to the objective of the prohibition of “Other Inhumane Acts” in international criminal law. First introduced under Article 6.c of the [1945] Nuremberg Charter, the crime of “Other Inhumane Acts” is intended to be a residual provision so as to punish criminal acts not specifically recognised as crimes against humanity, but which, in context, are of comparable gravity to the listed crimes against humanity. It is therefore inclusive in nature, intended to avoid unduly restricting the Statute’s application to crimes against humanity. The prohibition against “Other Inhumane Acts” is now included in a large number of international legal instruments and forms part of customary international law.
184. The jurisprudence of the international tribunals shows that a wide range of criminal acts, including sexual crimes, have been recognised as “Other Inhumane Acts.” These include forcible transfer, sexual and physical violence perpetrated upon dead human bodies, other serious physical and mental injury, forced undressing of women and marching them in public, forcing women to perform exercises naked, and forced disappearance, beatings, torture, sexual violence, humiliation, harassment, psychological abuse, and confinement in inhumane conditions. Case law at these tribunals further demonstrates that this category has been used to punish a series of violent acts that may vary depending upon the context. In effect, the determination of whether an alleged act qualifies as an “Other Inhumane Act” must be made on a case-by-case basis taking into account the nature of the alleged act or omission, the context in which it took place, the personal circumstances of the victims including age, sex, health, and the physical, mental and moral effects of the perpetrator’s conduct upon the victims.
185. The Trial Chamber therefore erred in law by finding that “Other Inhumane Acts” under Article 2.i must be restrictively interpreted. A tribunal must take care not to adopt too restrictive an interpretation of the prohibition against “Other Inhumane Acts” which, as stated above, was intended to be a residual provision. At the same time, care must be taken not to make it too embracing as to make a surplusage of what has been expressly provided for, or to render the crime nebulous and incapable of concrete ascertainment. An over-broad interpretation will certainly infringe the rule requiring specificity of criminal prohibitions.
186. Furthermore, the Appeals Chamber sees no reason why the so-called “exhaustive” listing of sexual crimes under Article 2.g of the Statute should foreclose the possibility of charging as “Other Inhumane Acts” crimes which may among others have a sexual or gender component. As an ICTY Trial Chamber has recognised, “[h]owever much care [was] taken in establishing a list of all the various forms of infliction, one would never be able to catch up with the imagination of future torturers who wish to satisfy their bestial instincts; and the more specific and complete a list tries to be, the more restrictive it becomes.” [ICTY, Blaškić case, Judgement, § 237] The Trial Chamber therefore erred in finding that Article 2.i of the Statute excludes sexual crimes.
(a) The Nature of “Forced Marriage” in the Sierra Leone Conflict and its Distinction from Sexual Slavery
187. The Appeals Chamber recalls the Trial Chamber’s findings that the evidence adduced by the Prosecution did not establish the elements of a non-sexual offence of forced marriage independent of the crime of sexual slavery under Article 2.g of the Statute; and that the evidence is completely of the crime of sexual slavery, leaving no lacuna in the law that would necessitate a separate crime of forced marriage as an “Other Inhumane Act.”
188. The Trial Chamber defined sexual slavery as the perpetrator’s exercising any or all of the powers attaching to the right of ownership over one or more persons by imposing on them a deprivation of liberty, and causing them to engage in one or more acts of a sexual nature. In finding that the evidence of forced marriage was completely of the crime of sexual slavery, the Trial Chamber found that the relationship of the perpetrators to their “wives” was one of ownership, and that the use of the term “wife” was indicative of the perpetrator’s intent to exercise ownership rights over the victim. Implicitly, the Trial Chamber found that evidence of forced marriage was predominantly sexual in nature.
189. According to the Prosecution, the element that distinguishes forced marriage from other forms of sexual crimes is a “forced conjugal association by the perpetrator over the victim. It represents forcing a person into the appearance, the veneer of a conduct (i.e. marriage), by threat, physical assault or other coercion.” The Prosecution adds that while acts of forced marriage may in certain circumstances amount to sexual slavery, in practice they do not always involve the victim being subjected to non-consensual sex or even forced domestic labour. Therefore, the Prosecution contends that forced marriage is not a sexual crime.
190. The trial record contains ample evidence that the perpetrators of forced marriages intended to impose a forced conjugal association upon the victims rather than exercise an ownership interest and that forced marriage is not predominantly a sexual crime. There is substantial evidence in the Trial Judgment to establish that throughout the conflict in Sierra Leone, women and girls were systematically abducted from their homes and communities by troops belonging to the AFRC [Armed Forces Revolutionary Council] and compelled to serve as conjugal partners to AFRC soldiers. They were often abducted in circumstances of extreme violence, compelled to move along with the fighting forces from place to place, and coerced to perform a variety of conjugal duties including regular sexual intercourse, forced domestic labour such as cleaning and cooking for the “husband,” endure forced pregnancy, and to care for and bring up children of the “marriage.” In return, the rebel “husband” was expected to provide food, clothing and protection to his “wife,” including protection from rape by other men, acts he did not perform when he used a female for sexual purposes only. As the Trial Chamber found, the relative benefits that victims of forced marriage received from the perpetrators neither signifies consent to the forced conjugal association, nor does it vitiate the criminal nature of the perpetrator’s conduct given the environment of violence and coercion in which these events took place.
191. The Trial Chamber findings also demonstrate that these forced conjugal associations were often organised and supervised by members of the AFRC or civilians assigned by them to such tasks. A “wife” was exclusive to a rebel “husband,” and any transgression of this exclusivity such as unfaithfulness, was severely punished. A “wife” who did not perform the conjugal duties demanded of her was deemed disloyal and could face serious punishment under the AFRC disciplinary system, including beating and possibly death.
192. In addition to the Trial Chamber’s findings, other evidence in the trial record shows that the perpetrators intended to impose a forced conjugal association rather than exercise mere ownership over civilian women and girls. In particular, the Appeals Chamber notes the evidence and report of the Prosecution expert Mrs. Zainab Bangura which demonstrates the physical and psychological suffering to which victims of forced marriage were subjected during the civil war in Sierra Leone. According to the Prosecution expert:
[T]he most devastating effect on women of the war was the phenomenon called ‘bush wife’, rebel wife or jungle wife. This was a phenomenon adopted by rebels whereby young girls or women were captured or abducted and forcibly taken as wives … The use of the term ‘wife’ by the perpetrator was deliberate and strategic. The word ‘wife’ demonstrated a rebel’s control over a woman. His psychological manipulations of her feelings rendered her unable to deny him his wishes … By calling a woman ‘wife’, the man or ‘husband’ openly staked his claim and she was not allowed to have sex with any other person. If she did, she would be deemed unfaithful and the penalty was severe beating or death.
‘Bush wives’ were expected to carry out all the functions of a wife and more … [S]he was expected to show undying loyalty to her husband for his protection and reward him with ‘love and affection’ … ‘Bush wives’ were constantly sexually abused, physically battered during and after pregnancies, and psychologically terrorised by their husbands, who thereby demonstrated their control over their wives. Physically, most of these girls experienced miscarriages, and received no medical attention at the time … Some now experience diverse medical problems such as severe stomach pains … some have had their uterus removed; menstrual cycles are irregular; some were infected with sexually transmitted diseases and others tested HIV positive.
193. In light of all the evidence at trial, Judge Doherty, in her Partly Dissenting Opinion, expressed the view that forced marriage involves “the imposition, by threat or physical force arising from the perpetrator’s words or other conduct, of a forced conjugal association by the perpetrator over the victim.” [SCSL, Brima case, Judgement, Partly Dissenting Opinion of Judge Doherty, § 53] She further considered that this crime satisfied the elements of “Other Inhumane Acts” because victims were subjected to mental trauma by being labelled as rebel “wives”; further, they were stigmatised and found it difficult to reintegrate into their communities. According to Judge Doherty, forced marriage qualifies as an “Other Inhumane Acts” causing mental and moral suffering, which in the context of the Sierra Leone conflict, is of comparable seriousness to the other crimes against humanity listed in the Statute.
194. Furthermore, the Appeals Chamber also notes that in their respective Concurring and Partly Dissenting Opinions, both Justice Sebutinde and Justice Doherty make a clear and convincing distinction between forced marriages in a war context and the peacetime practice of “arranged marriages” among certain traditional communities, noting that arranged marriages are not to be equated to or confused with forced marriage during armed conflict. Justice Sebutinde goes further to add, correctly in our view, that while traditionally arranged marriages involving minors violate certain international human rights norms such as the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), forced marriages which involve the abduction and detention of women and girls and their use for sexual and other purposes is clearly criminal in nature.
195. Based on the evidence on record, the Appeals Chamber finds that no tribunal could reasonably have found that forced marriage was subsumed in the crime against humanity of sexual slavery. While forced marriage shares certain elements with sexual slavery such as non-consensual sex and deprivation of liberty, there are also distinguishing factors. First, forced marriage involves a perpetrator compelling a person by force or threat of force, through the words or conduct of the perpetrator or those associated with him, into a forced conjugal association with another person resulting in great suffering, or serious physical or mental injury on the part of the victim. Second, unlike sexual slavery, forced marriage implies a relationship of exclusivity between the “husband” and “wife,” which could lead to disciplinary consequences for breach of this exclusive arrangement. These distinctions imply that forced marriage is not predominantly a sexual crime. The Trial Chamber, therefore, erred in holding that the evidence of forced marriage is subsumed in the elements of sexual slavery.
196. In light of the distinctions between forced marriage and sexual slavery, the Appeals Chamber finds that in the context of the Sierra Leone conflict, forced marriage describes a situation in which the perpetrator through his words or conduct, or those of someone for whose actions he is responsible, compels a person by force, threat of force, or coercion to serve as a conjugal partner resulting in severe suffering, or physical, mental or psychological injury to the victim.
198. The Appeals Chamber agrees with the Prosecution that the notion of “Other Inhumane Acts” contained in Article 2.i of the Statute forms part of customary international law. As noted above, it serves as a residual category designed to punish acts or omissions not specifically listed as crimes against humanity provided these acts or omissions meet the following requirements:
(i) inflict great suffering, or serious injury to body or to mental or physical health;
(ii) are sufficiently similar in gravity to the acts referred to in Article 2.a to Article 2.h of the Statute; and
(iii) the perpetrator was aware of the factual circumstances that established the character of the gravity of the act.
The acts must also satisfy the general chapeau requirements of crimes against humanity.
199. The Appeals Chamber finds that the evidence before the Trial Chamber established that victims of forced marriage endured physical injury by being subjected to repeated acts of rape and sexual violence, forced labour, corporal punishment, and deprivation of liberty. Many were psychologically traumatised by being forced to watch the killing or mutilation of close family members, before becoming “wives” to those who committed these atrocities and from being labelled rebel “wives” which resulted in them being ostracised from their communities. In cases where they became pregnant from the forced marriage, both they and their children suffered long-term social stigmatisation.
200. In assessing the gravity of forced marriage in the Sierra Leone conflict, the Appeals Chamber has taken into account the nature of the perpetrators’ conduct especially the atmosphere of violence in which victims were abducted and the vulnerability of the women and girls especially those of a very young age. Many of the victims of forced marriage were children themselves. Similarly, the Appeals Chamber has considered the effects of the perpetrators’ conduct on the physical, moral, and psychological health of the victims. The Appeals Chamber is firmly of the view that acts of forced marriage were of similar gravity to several enumerated crimes against humanity including enslavement, imprisonment, torture, rape, sexual slavery and sexual violence.
201. The Appeals Chamber is also satisfied that in each case, the perpetrators intended to force a conjugal partnership upon the victims, and were aware that their conduct would cause serious suffering or physical, mental or psychological injury to the victims. Considering the systematic and forcible abduction of the victims of forced marriage, and the prevailing environment of coercion and intimidation, the Appeals Chamber finds that the perpetrators of these acts could not have been under any illusion that their conduct was not criminal. This conclusion is fortified by the fact that the acts described as forced marriage may have involved the commission of one or more international crimes such as enslavement, imprisonment, rape, sexual slavery, abduction among others. 
SCSL, Brima case, Judgment on Appeal, 22 February 2008, §§ 182–196 and 198–201.
[footnotes in original omitted]
Special Court for Sierra Leone
In the Sesay case before the SCSL in 2006, the accused Sesay and Kallon, senior commanders in the Revolutionary United Front (RUF), Junta and Armed Forces Revolutionary Council (AFRC)/RUF forces, and the accused Gbao, senior commander in the RUF and AFRC/RUF forces, were charged, inter alia, with rape, sexual slavery, “any other form of sexual violence”, and “other inhumane acts” as crimes against humanity, punishable under Article 2(g) and (i) of the 2002 Statute of the Special Court for Sierra Leone, and, in addition or in the alternative, with
[o]utrages upon personal dignity, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.e. of the [2002 Statute of the Special Court for Sierra Leone]. 
SCSL, Sesay case, Corrected Amended Consolidated Indictment, 2 August 2006, §§ 54–60, Counts 6–9.
[emphasis in original]
Allegedly, “[w]idespread sexual violence committed against civilian women and girls included brutal rapes, often by multiple rapists, and forced ‘marriages’”. 
SCSL, Sesay case, Corrected Amended Consolidated Indictment, 2 August 2006, § 54.
In its judgment in the case in 2009, the Trial Chamber set out the elements of the crime of rape, stating:
144. This Chamber opines that the offence of rape has long been prohibited as a war crime in international humanitarian law. It is also prohibited as a crime against humanity in the Allied Control Council Law No. 10 and in the Statutes of the ICTY, the ICTR and the ICC. The status of rape as an offence under customary international law entailing individual criminal responsibility has been reaffirmed before the Ad Hoc tribunals. Indeed, the ICTY Trial Chamber in Kunarac declared that “[r]ape is one of the worst sufferings a human being can inflict upon another.” [ICTY, Kunarac case, Judgement, § 655]
145. Thus, the Chamber has held that the constitutive elements of rape are as follows:
(i) The Accused 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 Accused with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body;
(ii) The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power against such person or another person or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent;
(iii) The Accused intended to effect the sexual penetration or acted in the reasonable knowledge that this was likely to occur; and
(iv) The Accused knew or had reason to know that the victim did not consent.
146. The first element of the actus reus defines the type of invasion that is required to constitute the offence of rape and covers two types of penetration, however slight. The first part of the provision refers to the penetration of any part of the body of either the victim or the Accused with a sexual organ. The “any part of the body” in this part includes genital, anal or oral penetration. The second part of the provision refers to the penetration of the genital or anal opening of the victim with any object or any other part of the body. This part is meant to cover penetration with something other than a sexual organ which could include either other body parts or any other object. This definition of invasion is broad enough to be gender neutral as both men and women can be victims of rape.
147. The second element of the actus reus of rape refers to the circumstances which would render the sexual act in the first element criminal. The essence of this element is that it describes those circumstances in which the person could not be said to have voluntarily and genuinely consented to the act. The use or threat of force provides clear evidence of non-consent, but it is not required. The ICTY Appeals Chamber has emphasised that the circumstances “that prevail in most cases charged as either war crimes or crimes against humanity will be almost universally coercive. That is to say, true consent will not be possible.” [ICTY, Kunarac case, Judgement on Appeal, § 130]
148. The last part of this element refers to those situations where, even in the absence of force or coercion, a person cannot be said to genuinely have consented to the act. A person may not, for instance, be capable of genuinely consenting if he or she is too young, under the influence of some substance, or suffering from an illness or disability.
149. The Chamber observes that the very specific circumstances of an armed conflict where rapes on a large scale are alleged to have occurred, coupled with the social stigma which is borne by victims of rape in certain societies, render the restrictive test set out in the elements of the crime difficult to satisfy. Circumstantial evidence may therefore be used to demonstrate the actus reus of rape.
150. The mens rea requirements for the offence of rape are that the invasion was intentional and that it was done in the knowledge that the victim was not consenting. 
SCSL, Sesay case, Judgment, 2 March 2009, §§ 144–150.
[footnotes in original omitted]
The Trial Chamber also set out the elements of the crime of sexual slavery, stating:
154. The specific offence of sexual slavery was included for the first time as a war crime and a crime against humanity in the [1998] ICC Statute. The offence is characterised as a crime against humanity under Article 2(g) of the [2002] Statute [of the Special Court for Sierra Leone] and the Indictments before the Special Court were the first to specifically indict persons with the crime of sexual slavery.
155. By this assertion, the Chamber does not suggest that the offence is entirely new. It is the Chamber’s view that sexual slavery is a particularised form of slavery or enslavement and acts which could be classified as sexual slavery have been prosecuted as enslavement in the past. In the Kunarac case, for instance, the Accused were convicted of the offences of enslavement, rape and outrages on personal dignity for having detained women for months and subjected them to rape and other sexual acts. In that case, the ICTY Appeals Chamber emphasised that “it finds that enslavement, even if based on sexual exploitation, is a distinct offence from that of rape.” [ICTY, Kunarac case, Judgement on Appeal, § 186]
156. The Chamber opines that the prohibition of the more particular offences such as sexual slavery and sexual violence criminalises actions that were already criminal. The Chamber considers that the specific offences are designed to draw attention to serious crimes that have been historically overlooked and to recognise the particular nature of sexual violence that has been used, often with impunity, as a tactic of war to humiliate, dominate and instil fear in victims, their families and communities during armed conflict.
157. As discussed in more detail below, this Chamber takes the view that the offence of enslavement is prohibited at customary international law and entails individual criminal responsibility. The Chamber is satisfied that this would equally apply to the offence of sexual slavery which is “an international crime and a violation of jus cogens norms in the exact same manner as slavery.”
158. Consistent with the Rule 98 Decision, the Chamber has held that the relevant constitutive elements of sexual slavery are:
(i) The Accused exercised any or all the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty;
(ii) The Accused caused such person or persons to engage in one or more acts of a sexual nature; and
(iii) The Accused intended to exercise the act of sexual slavery or acted in the reasonable knowledge that this was likely to occur. [SCSL, Sesay case, Oral Rule 98 Decision, Transcript of 25 October 2006, page 22]
159. This Chamber considers that the actus reus of the offence of sexual slavery is made up of two elements: first, that the Accused exercised any or all of the powers attaching to the right of ownership over a person or persons (the slavery element) and second, that the enslavement involved sexual acts (the sexual element).
160. In determining whether or not the enslavement element of the actus reus has been established, the Chamber notes that the list of actions that reflect the exercise of a power of ownership that is included in the element is not exhaustive. The Chamber adopts the following indicia of enslavement identified by the ICTY in Kunarac et al.: “control of someone’s movement, control of physical environment, psychological control, measures taken to prevent or deter escape, force, threat of force or coercion, duration, assertion of exclusivity, subjection to cruel treatment and abuse, control of sexuality and forced labour.” [ICTY, Kunarac case, Judgement, § 543]
161. The Chamber also notes that the expression “similar deprivation of liberty” may cover situations in which the victims may not have been physically confined, but were otherwise unable to leave as they would have nowhere else to go and feared for their lives.
162. To convict an Accused for this offence, the Prosecution must also prove that the Accused caused the enslaved person to engage in acts of a sexual nature. The acts of sexual violence are the additional element that, when combined with evidence of slavery, constitutes sexual slavery.
163. The Chamber emphasises that the lack of consent of the victim to the enslavement or to the sexual acts is not an element to be proved by the Prosecution, although whether or not there was consent may be relevant from an evidentiary perspective in establishing whether or not the Accused exercised any of the powers attaching to the right of ownership. The Chamber subscribes to the statement of the ICTY Appeals Chamber that “circumstances which render it impossible to express consent may be sufficient to presume the absence of consent.” [ICTY, Kunarac case, Judgement on Appeal, § 120] The duration of the enslavement is not an element of the crime, although it may be relevant in determining the quality of the relationship.
2305. … [S]exual slavery requires the exercise of powers attaching to the right of ownership and acts of sexual nature. As the acts of a sexual nature do not necessarily require sexual penetration, and rape does not require that the right to ownership is exercised, the Chamber finds that sexual slavery is distinct from rape. Where the commission of sexual slavery, however, entails acts of rape, the Chamber finds that the act of rape is subsumed by the act of sexual slavery. 
SCSL, Sesay case, Judgment, 2 March 2009, §§ 154–163 and 2305.
[footnotes in original omitted]
The Trial Chamber distinguished the offences of rape and forced marriage, stating that “[t]he offence of rape requires sexual penetration, whereas ‘forced marriage’ requires a forced conjugal association based on exclusivity between the perpetrator and victim”. 
SCSL, Sesay case, Judgment, 2 March 2009, § 2306.
(footnote in original omitted)
The Trial Chamber distinguished the offences of forced marriage and sexual slavery, stating that “‘forced marriage’ is not subsumed by sexual slavery … The distinct elements are a forced conjugal association based on exclusivity between the perpetrator and victim”. 
SCSL, Sesay case, Judgment, 2 March 2009, § 2307.
(footnote in original omitted)
In its judgment in 2009, the Appeals Chamber considered the relevance of consent to the offences of sexual slavery and forced marriage. The Appeals Chamber stated:
733. … The Trial Chamber found that the hostile and coercive circumstances were such that “genuine consent was not possible,” and it concluded that “[i]n light of the foregoing and given the violent, hostile and coercive environment in which these women suddenly found themselves … the sexual relations with the rebels … [were, in [the] circumstances, not consensual because of the state of uncertainty and subjugation in which they lived in captivity.” [SCSL, Sesay case, Judgement, § 1470]
734. The Trial Chamber’s reasoning led to a finding of the exercise of rights of ownership and of the force, threats of force and coercion used to compel victims. In part, the reasoning results in a finding of the absence of consent, not a presumption thereof, however, the absence of consent is neither an element of sexual slavery nor of forced marriage. Sexual slavery, a form of enslavement, “flows from claimed rights of ownership” [ICTY, Kunarac case, Judgement on Appeal, § 120] to which consent is impossible.
735. With respect to forced marriage, the Appeals Chamber recalls that the offence “describes a situation in which the perpetrator … compels a person by force, threat of force, or coercion to serve as a conjugal partner.” [SCSL, Brima case, Judgement on Appeal, § 196] The conduct must constitute an “other inhumane act,” which entails that the perpetrator: (i) inflict great suffering, or serious injury to body or to mental or physical health; (ii) sufficiently similar in gravity to the acts referred to in Article 2.a through Article 2.h of the [2002] Statute [of the Special Court for Sierra Leone]; and that (iii) the perpetrator was aware of the factual circumstances that established the character of the gravity of the act. As a crime against humanity, the offence also requires that the acts of the accused formed part of a widespread or systematic attack against the civilian population, and that the accused knew that his crimes were so related.
736. The Appeals Chamber considers that where the Prosecution has proved the legal requirements of the offence, that is, that an accused, by force, threat of force, or coercion, or by taking advantage of coercive circumstances, causes one or more persons to serve as a conjugal partner, and the perpetrator’s acts are knowingly part of a widespread or systematic attack against a civilian population and amount to the infliction of great suffering, or serious injury to body or to mental or physical health sufficiently similar in gravity to the enumerated crimes against humanity, then consent is impossible and therefore is not a relevant consideration. As found by the Trial Chamber, “given the violent, hostile and coercive environment in which these women suddenly found themselves … the sexual relations with the rebels … could not [be], and was, in [the] circumstances, not consensual because of the state of uncertainty and subjugation in which they lived in captivity.” [SCSL, Sesay case, Judgement, § 1470] Such captivity in itself would have vitiated consent in the circumstances under consideration.
737. After finding the absence of consent, the Trial Chamber went on to opine generally that, in circumstances such as the ones it had just found, “there should be a presumption of absence of genuine consent to having sexual relations or contracting marriages with the said RUF [Revolutionary United Front] fighters.” [SCSL, Sesay case, Judgement, § 1471] This additional statement did not provide the framework for its analysis and nothing suggests that it informed its findings on the elements of the offences. Rather, it is precatory, conditional, and follows the Trial Chamber’s analysis of the circumstances that eliminated the possibility of genuine consent. The impugned statement is therefore an obiter dicta.
740. The Trial Chamber’s findings were sufficient to establish the actus reas of sexual slavery and forced marriage. Having thus found, inter alia, that the victims were subject to enslavement, force and coercion, the Trial Chamber did not have to examine the issue of consent, and in particular to have assessed whether every victim did not consent. 
SCSL, Sesay case, Judgment on Appeal, 26 October 2009, §§ 733–737 and 740.
[footnotes in original omitted; emphasis in original]
Special Court for Sierra Leone
In the Taylor case before the SCSL in 2007, the accused, former president of the Republic of Liberia, was charged, inter alia, with rape and sexual slavery as crimes against humanity, punishable under Article 2(g) of the 2002 Statute of the Special Court for Sierra Leone, and, in addition or in the alternative, with
[o]utrages upon personal dignity, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.e. of the [2002 Statute of the Special Court for Sierra Leone]. 
SCSL, Taylor case, Second Amended Indictment, 29 May 2007, §§ 14–17, Counts 4–6.
[emphasis in original]
It was alleged that:
Between about 30 November 1996 and about 18 January 2002, members of RUF, AFRC, AFRC/RUF Junta or alliance, and/or Liberian fighters, assisted and encouraged by, acting in concert with, under the direction and/or control of, and/or subordinate to the ACCUSED, committed widespread acts of sexual violence against civilian women and girls. 
SCSL, Taylor case, Second Amended Indictment, 29 May 2007, § 14.
[emphasis in original]
Extraordinary Chambers in the Courts of Cambodia
In the Kaing case before the ECCC, the accused was charged, both individually and as a superior, with, inter alia, various crimes against humanity and grave breaches of the 1949 Geneva Conventions. In its judgment in 2010, the Trial Chamber considered the offence of rape, stating:
361. Rape has long been prohibited in customary international law and has been described as “one of the worst suffering a human being can inflict upon another.” [ICTY, Kunarac case, Judgement, § 655]
362. Rape is the sexual penetration, however slight of the vagina or anus of the victim by the penis of the perpetrator or any other object used by the perpetrator; or the mouth of the victim by the penis of the perpetrator, where such sexual penetration occurs without the consent of the victim.
363. Most cases of rape as a crime against humanity will be committed in coercive circumstances in which true consent will not be possible. Absence of consent may be evidenced by the use of force. Neither force nor threat of force by the perpetrator is an element per se of rape, as there are factors other than force which would render an act of sexual penetration non-consensual, and there is no requirement of resistance on the part of the victim.
364. The social stigma attaching to rape victims in certain societies might render any proof of this crime difficult. The international jurisprudence has therefore accepted that circumstantial evidence may be used to demonstrate rape.
365. The requisite intention for rape is that the perpetrator acted with the intent to “effect this sexual penetration, and the knowledge that it occurs without the consent of the victim.” [ICTY, Kunarac case, Judgement on Appeal, §§ 127–129]. 
ECCC, Kaing case, Judgment, 26 July 2010, §§ 361–365.
[footnotes in original omitted]
Human Rights Committee
In its concluding observations on the fifth periodic report of Colombia in 2004, the Human Rights Committee stated:
… The Committee is particularly disturbed about the limited number of investigations into cases of domestic violence and sexual violence experienced by women during the internal armed conflict and by internally displaced women. The Committee also continues to be concerned about the current rules for prosecuting cases of rape, which require the consent of the victim in order to proceed further.
… The State party should revise its legislation on investigations into cases of rape with respect to the role of consent of the victim in the process (arts. 3, 7 and 26 [of the 1966 International Covenant on Civil and Political Rights]). 
Human Rights Committee, Concluding observations on the fifth periodic report of Colombia, UN Doc. CCPR/CO/80/COL, 26 May 2004, § 14.
[emphasis in original]
Human Rights Committee
In its concluding observations on the third periodic report of the Democratic Republic of the Congo in 2006, the Human Rights Committee stated:
In view of article 15 of the Constitution, which stipulates that the authorities should ensure the elimination of sexual violence, the Committee is concerned at the number of acts of aggravated assault, including sexual abuse and many cases of rape, committed against women and children in the war zones. It also notes the reports alleging that members of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) committed sexual abuse (articles 3, 6 and 7 of the [1966 International Covenant on Civil and Political Rights]).
The State party should take all necessary steps to strengthen its capacity to protect civilians in the zones of armed conflict, especially women and children. Relevant guidelines should be made available to all members of the armed forces and human rights training should be made compulsory for all members of the State party’s armed forces. The State party should prevail upon the States of origin of MONUC troops suspected of having committed acts of sexual abuse to open inquiries into the matter and take the appropriate measures. 
Human Rights Committee, Concluding observations on the third periodic report of the Democratic Republic of the Congo, UN Doc. CCPR/C/COD/CO/3, 26 April 2006, § 13.
[emphasis in original]
Committee on the Elimination of Discrimination Against Women
In its General Recommendation on Violence against Women in 1992, CEDAW provided:
1. Gender-based violence is a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men.
6. The [1979 Convention on the Elimination of Discrimination against Women] in article 1 defines discrimination against women. The definition of discrimination includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence.
16. Wars, armed conflicts and the occupation of territories often lead to increased prostitution, trafficking in women and sexual assault of women, which require specific protective and punitive measures.  
CEDAW, General Recommendation No. 19 (Violence against women), 29 January 1992, §§ 1, 6 and 16.
Committee on the Elimination of Discrimination Against Women
In a letter to the Special Rapporteur on the Situation of Human Rights in the Former Yugoslavia, the Chair of CEDAW emphasized that rape and other attacks on women’s physical and mental integrity violated international human rights guarantees and constituted grave breaches of the 1949 Geneva Convention IV and of customary international law. The Special Rapporteur replied that he shared the Committee’s preoccupation with the reported occurrence of mass rape and other attacks on the physical and mental integrity of women in the conflict in the former Yugoslavia. 
CEDAW, Report on its 12th Session, UN Doc. A/48/38, 28 May 1993, Annex 1, p. 115 and Annex II, p. 116.
Committee on the Elimination of Discrimination Against Women
In 1998, CEDAW stated in relation to Indonesia:
The Committee is concerned that the information provided on the situation of women in areas of armed conflict reflects a limited understanding of the problem. The Government’s remarks are confined to the participation of women in armed forces and do not address the vulnerability of women to sexual exploitation in conflict situations. 
CEDAW, Report on its 18th and 19th Session, UN Doc. A/53/38/rev.1, 1998, § 295.
Committee on the Elimination of Discrimination Against Women
In 2000, CEDAW stated in relation to India:
The Committee is concerned that women are exposed to the risk of high levels of violence, rape, sexual harassment, humiliation and torture in areas where there are armed insurrections.
… The Committee recommends a review of prevention of terrorism legislation and the Armed Forces Special Provisions Act … so that special powers given to the security forces do not prevent the investigation and prosecution of acts of violence against women in conflict areas and during detention and arrest. 
CEDAW, Report on its 22nd and 23d Session, UN Doc. A/55/38, 2000. §§ 71–72.
Committee on the Rights of the Child
In 1997, in its recommendations on Myanmar, the Committee on the Rights of the Child expressed grave concern with regard to “numerous documented cases of rape of young girls by soldiers” and strongly recommended that:
all reported cases of abuse, rape and/or violence against children committed by members of the armed forces be rapidly, impartially, thoroughly and systematically investigated. Appropriate judicial sanctions should be applied to perpetrators and wide publicity should be given to such sanctions. 
Committee on the Rights of the Child, Concluding observations on the report of Myanmar, UN Doc. CRC/C/15/Add.69, 24 January 1997, §§ 40–41.
European Court of Human Rights
In S.W. v. UK in 1995, the European Court of Human Rights stated:
43. The decisions of the Court of Appeal and then the House of Lords did no more than continue a perceptible line of case-law development dismantling the immunity of a husband from prosecution for rape upon his wife … There was no doubt under the law as it stood on 18 September 1990 that a husband who forcibly had sexual intercourse with his wife could, in various circumstances, be found guilty of rape. Moreover, there was an evident evolution, which was consistent with the very essence of the offence, of the criminal law through judicial interpretation towards treating such conduct generally as within the scope of the offence of rape. This evolution had reached a stage where judicial recognition of the absence of immunity had become a reasonably foreseeable development of the law …
44. The essentially debasing character of rape is so manifest that the result of the decisions of the Court of Appeal and the House of Lords – that the applicant could be convicted of attempted rape, irrespective of his relationship with the victim – cannot be said to be at variance with the object and purpose of Article 7 (art. 7) of the [1950 European Convention on Human Rights], namely to ensure that no one should be subjected to arbitrary prosecution, conviction or punishment … What is more, the abandonment of the unacceptable idea of a husband being immune against prosecution for rape of his wife was in conformity not only with a civilised concept of marriage but also, and above all, with the fundamental objectives of the Convention, the very essence of which is respect for human dignity and human freedom.
45. Consequently, … Mr Justice Rose did not render a decision permitting a finding of guilt incompatible with Article 7 (art. 7) of the [1950 European Convention on Human Rights]. 
European Court of Human Rights, S.W. v. UK, Judgment, 22 November 1995, §§ 43–45.
European Court of Human Rights
In its judgment in Aydin v. Turkey in 1997, the European Court of Human Rights stated:
83. While being held in detention the applicant was raped by a person whose identity has still to be determined. Rape of a detainee by an official of the State must be considered to be an especially grave and abhorrent form of ill-treatment given the ease with which the offender can exploit the vulnerability and weakened resistance of his victim. Furthermore, rape leaves deep psychological scars on the victim which do not respond to the passage of time as quickly as other forms of physical and mental violence. The applicant also experienced the acute physical pain of forced penetration, which must have left her feeling debased and violated both physically and emotionally.
86. Against this background the Court is satisfied that the accumulation of acts of physical and mental violence inflicted on the applicant and the especially cruel act of rape to which she was subjected amounted to torture in breach of article 3 of the [1950 European Convention on Human Rights]. Indeed the court would have reached this conclusion on either of these grounds taken separately. 
European Court of Human Rights, Aydin v. Turkey, Judgment, 25 September 1997, §§ 83 and 86.
European Court of Human Rights
In 2001, in Valasinas v. Lithuania, the European Court of Human Rights stated:
117. The Court considers that, while strip-searches may be necessary on occasions to ensure prison security or prevent disorder or crime, they must be conducted in an appropriate manner. Obliging the applicant to strip naked in the presence of a woman, and then touching his sexual organs and food with bare hands showed a clear lack of respect for the applicant, and diminished in effect his human dignity. It must have left him with feelings of anguish and inferiority capable of humiliating and debasing him. The Court concludes, therefore, that the search of 7 May 1998 amounted to degrading treatment within the meaning of Article 3 of the [1950 European Convention on Human Rights].
118. Accordingly, there has been a violation of Article 3 [of the 1950 European Convention on Human Rights] in this respect. 
European Court of Human Rights, Valasinas v. Lithuania, Judgment (Merits and just satisfaction), 24 July 2001, §§ 117–118.
Inter-American Commission on Human Rights
In a case concerning Peru in 1996, the Inter-American Commission on Human Rights stated:
Current international law establishes that sexual abuse committed by members of security forces, whether as a result of a deliberate practice promoted by the State or as a result of failure by the State to 4prevent the occurrence of this crime, constitutes a violation of the victims’ human rights, especially the right to physical and mental integrity.
In the context of international humanitarian law, Article 27 of the Fourth Geneva Convention of 1949 concerning the protection due to civilians in times of war explicitly prohibits sexual abuse. Article 147 of that Convention which lists acts considered as “serious offenses” or “war crimes” includes rape in that it constitutes “torture or inhuman treatment”. The International Committee of the Red Cross (ICRC) has declared that the “serious offense” of “deliberately causing great suffering or seriously harming physical integrity or health” includes sexual abuse.
Moreover, Article 76 of Additional Protocol I to the 1949 Geneva Conventions expressly prohibits rape or other types of sexual abuse. Article 85(4), for its part, states that when these practices are based on racial discrimination they constitute “serious offenses”. As established in the Fourth Convention and Protocol I, any act of rape committed individually constitutes a war crime.
In the case of non-international conflicts, both Article 3 common to the four [1949] Geneva Conventions and Article 4(2) of [the 1977] Protocol II additional to the Conventions, include the prohibition against rape and other sexual abuse insofar as they are the outcome of harm deliberately influenced sic on a person. The ICRC has stated that the prohibition laid down in Protocol II reaffirms and complements the common Article 3 since it was necessary to strengthen the protection of women, who can be victims of rape, forced prostitution or other types of abuse.
Article 5 of the [1993 ICTY Statute] established for investigating the serious violations of international humanitarian law committed in the territory of the former Yugoslavia, considers rape practiced on a systematic and large scale a crime against humanity.
In the context of international human rights law, the American Convention on Human Rights stipulates in its Article 5 that:
1. Every person has the right to have his physical, mental and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman or degrading punishment or treatment
The letter of the Convention does not specify what is to be understood by torture. However, in the inter-American sphere, acts constituting torture are established in the Inter-American Convention to Prevent and Punish Torture …
Accordingly, for torture to exist three elements have to be combined:
1. it must be an intentional act through which physical and mental pain and suffering is inflicted on a person;
2. it must be committed with a purpose;
3. it must be committed by a public official or by a private person acting at the instigation of the former.
Regarding the first element, the Commission considers that rape is a physical and mental abuse that is perpetrated as a result of an act of violence. The definition of rape contained in Article 170 of the Peruvian Criminal Code confirms this by using the phrasing “[h]e who, with violence or serious threat, obliges a person to practice the sex act …” The Special Rapporteur against Torture has noted that sexual abuse is one of the various methods of physical torture. Moreover, rape is considered to be a method of psychological torture because its objective, in many cases, is not just to humiliate the victim but also her family or community. In this connection, the above-mentioned Special Rapporteur has stated that, particularly in Peru, “… rape would appear to be a weapon used to punish, intimidate and humiliate.”
Rape causes physical and mental suffering in the victim. In addition to the violence suffered at the time it is committed, the victims are commonly hurt or, in some cases, are even made pregnant. The fact of being made the subject of abuse of this nature also causes a psychological trauma that results, on the one hand, from having been humiliated and victimized, and on the other, from suffering the condemnation of the members of their community if they report what has been done to them.
The second element establishes that for an act to be torture it must have been committed intentionally, i.e. to produce a certain result in the victim.
The third requirement of the definition of torture is that the act must have been perpetrated by a public official or by a private individual at the instigation of the former.
As concluded in the foregoing, the man who raped [the victim] was [a] member of the security forces who [was] himself accompanied by a large group of soldiers.
Accordingly, the Commission, having established that the three elements of the definition of torture are present in the case under consideration, concludes that the Peruvian State is responsible for violation of Article 5 of the [1969 American Convention on Human Rights]. 
Inter-American Commission on Human Rights, Case 10.970 (Peru), Report, 1 March 1996, Section V(A)(3)(a).
[emphasis in original]
Eritrea-Ethiopia Claims Commission
In its Central Front (Eritrea’s Claim) partial award in 2004, the Eritrea-Ethiopia Claims Commission, in considering the crime of rape, stated:
37. The Parties agree that rape of civilians by opposing or occupying forces is a violation of customary international law, as reflected in the [1949] Geneva Conventions. … Article 27 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War (“Geneva Convention IV”) provides:
… Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution or any form of indecent assault.
38. Article 76.1 of [the 1977] Protocol I adds: “Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault”. 
Eritrea-Ethiopia Claims Commission, Central Front, Eritrea’s Claim, Partial Award, 28 April 2004, §§ 37–38; see also Central Front, Ethiopia’s Claim, Partial Award, 28 April 2004, § 35; Civilians Claims, Ethiopia’s Claim, Partial Award, 17 December 2004, § 84; Western Front, Aerial Bombardment and Related Claims, Eritrea’s Claim, Partial Award, 19 December 2005, §§ 75–76; Western and Eastern Fronts, Ethiopia’s Claim, Partial Award, 19 December 2005, §§ 50–51.
[emphasis in original]
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that: “Humiliating and degrading treatment (e.g. enforced prostitution, any form of indecent assault or other outrages upon personal dignity) is prohibited.” 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, §§ 192 and 195.
ICRC
In 1992, in a memorandum on the issue of rape as a war crime, the ICRC stated that the definition of grave breaches in Article 147 of the 1949 Geneva Convention IV, in particular wilfully causing great suffering or serious injury to body or health, “obviously covers not only rape, but also any other attack on a woman’s dignity”. 
ICRC, Aide-Memoire, Geneva, 3 December 1992.
ICRC
In 1997, in a working paper on war crimes submitted to the Preparatory Committee for the Establishment of an International Criminal Court, the ICRC proposed that the war crime of rape and enforced prostitution, as serious violations of international humanitarian law applicable in international and non-international conflicts, be subject to the jurisdiction of the Court. 
ICRC, Working paper on war crimes submitted to the Preparatory Committee for the Establishment of an International Criminal Court, New York, 14 February 1997, §§ 1(a)(iii) and 3(iv).
ICRC
In its pledge to promote the respect of women in armed conflicts, made at the 27th International Conference of the Red Cross and Red Crescent in 1999, the ICRC expressed grave concern about “the occurrence of sexual violence in armed conflict” and stated that “sexual violence, in all its forms, is prohibited under international humanitarian law and should be vigorously prevented”. The ICRC pledged to place focus “on actively disseminating the prohibition of all forms of sexual violence to parties to an armed conflict”. 
ICRC, Pledge made at the 27th International Conference of the Red Cross and Red Crescent, Geneva, 31 October–6 November 1999.
Turku Declaration of Minimum Humanitarian Standards
The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, states that rape is and shall remain prohibited. 
Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 30 November–2 December 1990, Article 3(2)(a), IRRC, No. 282, 1991, p. 331.
International Institute of Humanitarian Law
In 1995, the International Institute of Humanitarian Law stated that any declaration on minimum humanitarian standards should be based on “principles … of jus cogens, expressing basic humanitarian consideration[s] which are recognized to be universally binding”. According to the Institute, women were a category calling for special mention, as they were exposed to additional forms of violence. It stated that an article should be inserted in the declaration which could read “women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any other form of indecent assault. They are entitled to treatment which takes into account their special needs.” 
International Institute of Humanitarian Law, Comments on the Turku Declaration of Minimum Humanitarian Standards submitted to the UN Secretary-General, § 18, reprinted in Report of the UN Secretary-General, UN Doc. E/CN.4/1996/80, 28 November 1995, p. 10.
Asia Watch and Physicians for Human Rights
In 1993, in a report on Kashmir, Asia Watch and Physicians for Human Rights stated: “Indian security forces and militant forces in Kashmir use rape as a weapon: to punish, intimidate, coerce, humiliate and degrade their female victims.” They further stated that “Indian government authorities have rarely investigated charges of rape by security forces in Kashmir” and that they were “unaware of any efforts by the militant groups to prevent their forces from committing rape”. 
Physicians for Human Rights and Asia Watch, Press Release, Rape in Kashmir: A Crime of War, India, 9 May 1993.
Bangkok NGO Declaration on Human Rights
The Bangkok NGO Declaration on Human Rights adopted in 1993 stated: “Crimes against women, including rape … and domestic violence, are rampant. Crimes against women are crimes against humanity, and the failure of governments to prosecute those responsible implies complicity.” 
World Conference on Human Rights, Regional Preparatory Meeting for the Asia-Pacific, Bangkok, 24–28 March 1993, Bangkok NGO Declaration on Human Rights, UN Doc. A/CONF.157/PC/83, 19 April 1993, § 6.
VAWW-NET Japan
In December 2000, a Japanese NGO simulated a “Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery” which had jurisdiction over crimes committed against women, including sexual slavery. 
VAWW-NET Japan, Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery, 7–12 December 2000.