Wartime sexual violence
Wartime sexual violence is rape or other forms of sexual violence committed by combatants during an armed conflict, war, or military occupation often as spoils of war, but sometimes, particularly in ethnic conflict, the phenomenon has broader sociological motives. Wartime sexual violence may also include gang rape and rape with objects. It is distinguished from sexual harassment, sexual assaults and rape committed amongst troops in military service.[1][2]
During war and armed conflict, rape is frequently used as a means of psychological warfare in order to humiliate and terrorize the enemy. Wartime sexual violence may occur in a variety of situations, including institutionalized sexual slavery, wartime sexual violence associated with specific battles or massacres, as well as individual or isolated acts of sexual violence.
Rape can also be recognized as genocide when it is committed with the intent to destroy, in whole or in part, a targeted group. International legal instruments for prosecuting perpetrators of genocide were developed in the 1990s, and the Akayesu case of the International Criminal Tribunal for Rwanda was widely considered a precedent.[3] However, these legal instruments have so far only been used for international conflicts, thus putting the burden of proof in citing the international nature of conflict in order for prosecution to proceed.
History
Antiquity
Rape has accompanied warfare in virtually every known historical era.[52] Women's historian Gerda Lerner writes,
Legitimisation
Some political and military leaders publicly suggested during the twenty-first century that wartime sexual violence is legitimate in the sense that it is humorous, insignificant in comparison to military deaths, or expected.[358][359]
In January 2019, Ethiopian prime minister Abiy Ahmed stated, "So, if you're wondering what the proportion of Oromo in Tigray is, leave it for DNA to find out. [Hilarity in the audience] It's probably wrong to say this, but: those who went to Adwa, to fight, didn't just go and come back. Each of them had about 10 kids. [Loud laughter of the audience and applause]."[358] On 21 March 2021, during the Tigray War that started in early November 2020, Abiy suggested that sexual violence in the war was insignificant compared to military deaths, stating, "The women in Tigray? These women have only been penetrated by men, whereas our soldiers were penetrated by a knife."[358] An unnamed Ethiopian general was quoted by physical geographer Jan Nyssen as stating during early 2021 that, in the context of the Tigray War, rape during wartime was "expected", but should not happen in the presence of federal police or administrative officials.[358] Peace researcher Alex de Waal interpreted the comments by the prime minister as Abiy "jok[ing] about" gang rape.[359]
Gender
Rape of women
Susan Brownmiller was the first historian to attempt an overview of rape in war with documentation and theory.[164] Brownmiller's thesis is that "War provides men with the perfect psychological backdrop to give vent to their contempt for women. The maleness of the military—the brute power of weaponry exclusive to their hands, the spiritual bonding of men at arms, the manly discipline of orders given and orders obeyed, the simple logic of the hierarchical command—confirms for men what they long suspect—that women are peripheral to the world that counts." She writes that rape accompanies territorial advance by the winning side in land conflicts as one of the spoils of war, and that "Men who rape are ordinary Joes, made unordinary by entry into the most exclusive male-only club in the world."
An estimated 45 million plus civilians died during World War II. Male and female civilians may be subject to torture, but many studies show that war rape is more frequently perpetrated on women than men.[360][299] This may be due to the reluctance of men to come forward with accusations of being raped, and also an institutional bias amongst NGOs, who frequently focus resources on female victims.[361] However rape against women is also underreported.[362] Perpetrators of sexual violence against women and children "commonly include not only enemy civilians and troops but also allied and national civilians and even comrades in arms."[360]
The victims of war rape are usually "civilians", a category first recognized in the 19th century.[14] Although war rape of women is documented throughout history, laws protecting civilians in armed conflict have tended not to recognize sexual assault on women. Even when laws of war have recognized and forbidden sexual assault, few prosecutions have been brought. According to Kelly Dawn Askin, the laws of war perpetuated the attitude that sexual assaults against women are less significant crimes, not worthy of prosecution.[363] Until the early twenty-first century, war rape had been a hidden element of war. Human Rights Watch linked the hidden aspect to the largely gender-specific character of war rape – abuse committed by men against women. This gender-specific character has contributed to war rape being "narrowly portrayed as sexual or personal in nature, a portrayal that depoliticizes sexual abuse in conflict and results in its being ignored as a war crime."[299]
"To the victor go the spoils" has been a war cry for centuries, and women classed as part of the spoils of war.[11] Furthermore, war rape has been downplayed as an unfortunate but inevitable side effect of sending men to war.[299] Also, war rape has in the past been regarded as a tangible reward to soldiers (who were paid irregularly), and as a soldier's proof of masculinity and success.[15] In reference to war rape in ancient times, Harold Washington argues that warfare itself is imaged as rape, and that the cities attacked are its victims. He argues that war rape occurs in the context of stereotypes about women and men, which are part of the basic belief that violent power belongs to men, and that women are its victims.[364]
Rape of men
The rape of men by other men is also common in war. A 2009 study by Lara Stemple[365] found that it had been documented in conflicts worldwide; for example, 76% of male political prisoners in 1980s El Salvador and 80% of concentration camp inmates in Sarajevo reported being raped or sexually tortured. Stemple concludes that the "lack of attention to sexual abuse of men during conflict is particularly troubling given the widespread reach of the problem".[361][366] Mervyn Christian of Johns Hopkins School of Nursing has found that male rape is commonly underreported.
According to a survey published in the Journal of the American Medical Association in 2010, 30% of women and 22% of men from the eastern part of the Democratic Republic of the Congo reported that they had been subject to conflict-related sexual violence.[361] Despite the popular perception that rape during conflict is primarily targeted against women, these figures show that sexual violence committed against men is not a marginal occurrence. The lack of awareness for the magnitude of the rape of men during conflict relates to chronic underreporting. Although the physical and psychological repercussions from rape are similar for women and men, male victims tend to demonstrate an even greater reluctance to report their suffering to their families or the authorities.[367]
A 2011 story in The Guardian reports on war rape in Uganda: "[rape] is usually denied by the perpetrator and his victim. … Survivors are at risk of arrest by police, as they are likely to assume that they're gay – a crime in this country and in 38 of the 53 African nations. They will probably be ostracised by friends, rejected by family and turned away by the UN and the myriad international NGOs that are equipped, trained and ready to help women. … Often, [Salome Atim] says wives who discover their husbands have been raped decide to leave them. 'They ask me: "So now how am I going to live with him? As what? Is this still a husband? Is it a wife?" They ask, "If he can be raped, who is protecting me?"'"[361]
Sexual violence against men weaponizes ideas of gender and sexuality against victims, reinforcing gendered hierarchies and causing tremendous physical and mental pain to victims.[368] Men are expected to exert violence, while women are victimized by it. In conflict situations, rape against men dissolves this relationship and puts men in the 'receiving' role of the victim. Similarly, the 'penetrating' role of men as opposed to the 'receiving' role of women in conventional sexual intercourse illustrates this constructed power relationship. Hence, male rape victims experience the worst possible 'humiliation' with regards to the ingrained social roles they are traditionally expected to fulfill. Moreover, their stigmatization takes on particularly severe dimensions within conservative social environments in which homosexual intercourse – regardless of consent – is punished harshly. For example, Ugandan male rape victims explain their choice to not speak out with the fear of being branded homosexuals.[369] As homosexuality is widely condemned in Uganda, male victims of sexual violence often struggle to get proper support because they are accused of being gay. In certain cases, gender roles concerning violence and sexual conduct are so deeply ingrained that the mere existence of male rape is denied. In Nigeria, 81 per cent of people are against human rights for homosexuals. A 2021 study showed that as a result, both victims and perpetrators justify the act as a form of spiritual security which will bring the perpetrators 'physical safety, material wealth or socio-political ascendancy.'[370]