Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
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.
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.”
The manual restates Article 75(2) of the 1977 Additional Protocol I.
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”.
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.