Antiquity The oldest textual references to sexual violence can be traced back to, amongst other cultures, the
ancient Greeks and
Romans, where women were seen as property without any rights over their bodies or sexual integrity. Rape of women during peace times was therefore considered as property crime only affecting their owners: the husbands, sons or brothers. A linguistic clue can still be found in verb
to rape, which derives from
Latin rapere, which originally meant 'to steal, seize, rob, carry away'; any infringement or damage to a woman or girl was primarily considered to be an offence against her husband if she was married, or against her father if she was not, and a crime against the community and public morality instead of a crime against the individual woman or girl herself. Generally speaking, the
victim was blamed for having put the family to shame, especially if she was not married yet and lost her
virginity during the rape; many cultures tried to resolve this by
allowing the rapist to marry the victim in order to restore the 'family honour' of the latter. During armed conflict sexual violence, particularly rape, was perceived as a normal byproduct of war, as "a socially acceptable behavior well within the rules of warfare". In Ancient Greece, women were sometimes the reason for the attack of a city, conquering women as new wives or concubines, legitimate booty, as slaves or as trophies. The fact that sexual violence to women was commonplace during both war and peace times led to the negligence of any indications of what the methods, aims and magnitude of such violence was; it was face- and nameless.
Middle Ages and early modern period The European
Middle Ages strongly reflected a patriarchal view of sexual violence. During times of peace, female spouses had no right to refuse sex with their husbands. Even though laws punishing rapes existed, sexual violence was usually considered as justified or inconsequential. Usually, depending on the elite's views, which perceived sexual violence as a minor issue, sexual violence was not prosecuted. This view was also transferred to the colonies. In Alta California, for example, the Catholic clergy relied heavily on corporal punishment such as flogging, placing in the
stocks or shackling of
Amerindian women within their programs of Christianization. Within this context of trying to restore a certain social order, women were often the victims of sexual violence if politically active and posing a threat to the existing order. With regard to times of war, jurists, writers and scholars argued that as soon as war is just, no boundaries would be set towards methods used in order to achieve victory. However, with
Alberico Gentili (1552–1608) discussions started that suffering of women should be reduced and rape prohibited during peace and war times. However, this view was not accepted for a long time, as women and children not participating in the fighting were still considered as being the enemy and the patriarchal view on women prevailed during peace and war times.
Codification of laws of war on gender-related crimes (c. 1800–1945) Gradually, over the centuries laws and customs of war changed in direction of a wider understanding of sexual violence and the need to protect potential victims. During the
American Civil War (1861–1865), the US started to codify the customary rules regulating land-based wars. On 24 April 1863, President
Abraham Lincoln tried to
inter alia regulate the sexual conduct of Union soldiers towards civilians in hostile territory with the
Lieber Code, which contained one of the first explicit prohibitions on rape. Paragraphs 44 and 47 of the Lieber Code contained provisions prohibiting several crimes including "all rape" by an American soldier in a hostile country against its inhabitants "under the penalty of death, or such other severe punishment as may seem adequate for the gravity of the offense". Thus, the only enforcement mechanisms were the military commanders themselves, having the right to execute the soldiers immediately. to be an implicit prohibition of sexual assault or rape. This view was expressed for the first time after Nuremberg and Tokyo in the second series of trials for the prosecution of "lesser" war criminals in
Allied-occupied Germany, where the
Allied (Article II §1.c), enacted on 20 December 1945, explicitly listed rape as constituting a "crime against humanity".
International legal framework (after 1945) After 1945, an extensive amount of both
hard and
soft law instruments have set rules, standards and norms for the protection of victims of sexual offences. These include the
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, United Nations 1979); the
Vienna Declaration and Programme of Action (United Nations June 1993);
Declaration on the Elimination of Violence Against Women (United Nations December 1993); the
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Belém do Pará Convention) (
Organization of American States 1994); the
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) (
African Union 2003), and the
Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) (
Council of Europe 2011). The resulting, ever growing body of
international humanitarian law (IHL) strongly prohibits sexual violence in all armed conflicts, and
international human rights law (IHRL) and
international customary law strongly prohibit it at all times. Meanwhile,
second-wave feminists launched the
anti-rape movement in the 1960s and 1970s, leading to
national legal prohibitions on
marital rape by most countries around the world by the 2010s, while
marry-your-rapist laws were increasingly abolished in the same decades. Groundbreaking
case law both by the
ad hoc Tribunals of
International Criminal Tribunal for Rwanda (ICTR) and
International Criminal Tribunal for former Yugoslavia (ICTY) established acts of
rape and sexual violence as
crimes of genocide and
crimes against humanity. ICTR's conviction of
Jean-Paul Akayesu for
genocide and
crimes against humanity on 2 September 1998 is the first case in which sexual violence is perceived as an integral part of
genocide as defined in the
Convention on the Prevention and Punishment of the Crime of Genocide. The first trial solely focused on the perpetration of systematic sexual violence (
rape camps) and on
crimes against humanity committed against women and girls was the
Foča case, a ruling before the ICTY. The
Statute of the
International Criminal Court (ICC) also explicitly incorporates rape and other forms of sexual violence in the list of
war crimes and therefore recognizes sexual violence as a grave breach of IHL and of the
Geneva Conventions. The
UN Security Council,
ECOSOC and the
UN Commission on Human Rights do not take into account the nature of the conflict with respect to the protection of women in war time. Despite strong prohibitions of international law, enforcement mechanisms against sexual violence are fragile or do not exist in many parts of the world. == Today ==