Though, it would be disingenuous to affix such justifications upon those instances that are deliberately calculated by the professional warfighters and commanders of comparably advanced armies (Valenius, 2004). Certainly, a lack of discipline exhibited by inexperienced and non-professional warriors in conflicts can explain a fraction of these occurrences. Nonetheless, rape remains one of the most under-reported and inadequately prosecuted of all war crimes (Falcon, 2001). Consequently, the international community has implemented various forms of legislation to criminalize the deliberate targeting of civilians during armed conflict (Bergoffen, 2006 Haddad, 2011). Indeed, members of nearly every standing army in history have participated in some form of rape warfare (Vikman, 2005). Sexual violence has been employed as a strategic weapon of war for at least as long as historians have been documenting conflicts.
This paper thus offers a two-pronged approach to the problem of wartime sexual violence: one of calculated judicial application and compassionate people-centered assistance. Additionally, it proposes a humanitarian aid response that addresses the social damage which wartime sexual violence creates. It introduces specific examples of the effective enforcement of these laws as well as criticisms presented by victims’ advocates. Accordingly, it presents applicable international laws that may be cited in the adjudication of rape warfare practitioners and suggests prosecution is the duty of the international community. The intent of this paper is to identify the use of rape in warfare as a crime against humanity. Additionally, it scrutinizes the motivations and intentions that support the use of sexual violence during armed conflict in order to ascertain potential methods by which the incentive may be removed or mediated.
It analyzes the cogency of sexual violence as a weapon by considering its physical and psychological effects on victims and the morale of targeted populations. This paper examines historical and contemporary instances wherein sexual violence, specifically rape, was used as a strategic weapon amid both traditional and tribal conflict, as well as in genocidal operations.
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