Wartime rape: an international crime committed by State and non-state actors

Abstract

This dissertation aims to analyse a specific type of gender-based violence, namely rape. Since ancient times, the crime of rape has been generally employed as a weapon of war and an act of terror. First of all, the connection between gender and violence will be considered from the sociological and the international law perspective. In this regard, the legal process of the recognition of rape as an institutional violence and as an international crime will be historically highlighted to the present day along with a consequently on-going public awareness of this callous use of rape in the dynamics of wartime as an effective tool to destroy one’s identity and to terrorise. Indeed, the recent advent of large terrorist attacks, which encompassed crimes of genocide, as well as crimes against humanity, war crimes and human rights abuses, has required new counter-terrorism measures and has challenged the international community who was unprepared to properly respond to those acts. From an international law perspective, those crimes, and in particular that of rape, committed by the Islamic State will be brought to light, as well as the possibility to bring those crimes before the International Criminal Court will be assessed.