Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
The PLA Rules of Discipline (1947) provides that women are not to be assailed with obscenities.
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.
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.
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.