ABSTRACT

Rape and other forms of sexual assault have always been a part of warfare, but never before has such attention been given to these crimes as at present, especially with regard to the atrocities alleged to have been committed in the war in the former Yugoslavia. A multitude of rape and sexual assault cases have been reported in this conflict. This chapter argues that rape and other types of sexual assault should not be regarded as specifically gender-based offenses but as crimes of violence of a sexual nature, although gender should not be disregarded when such crimes are committed against women. Developments in international law that relate to the problem of violence against women reflect a slow but gradual improvement in the position of women in societies worldwide. At the same time, the evolution of international law, and for purposes humanitarian law, has had a corresponding liberalizing effect on social attitudes.