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ICRC – International Committee of the Red Cross

https://www.icrc.org/customary-ihl/eng/docs/v2_rul_rule93

 

 

Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence

 

I.             Treaties

 

Geneva Conventions (1949)

Common Article 3(1)(c) of the 1949 Geneva Conventions provides that “outrages upon personal dignity” are prohibited at any time and in any place whatsoever with respect to persons hors de combat.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

Geneva Convention IV

Article 27, second paragraph, of the 1949 Geneva Convention IV provides: “Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others

Article 1 of the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others provides:
The Parties to the present Convention agree to punish any person who …

(1)   Procures, entices or leads away, for purposes of prostitution, another person, even with the consent of that person;

(2)   Exploits the prostitution of another person, even with the consent of that person.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

Additional Protocol I

Article 75(2)(b) of the 1977 Additional Protocol I provides that “enforced prostitution and any form of indecent assault” shall remain prohibited at any time and in any place whatsoever.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
Article 76(1) of the 1977 Additional Protocol I provides that women “shall be protected in particular against rape, forced prostitution and any other form of indecent assault”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
Article 77(1) of the 1977 Additional Protocol I provides that children “shall be protected against any form of indecent assault”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

Additional Protocol II

Article 4(2)(e) of the 1977 Additional Protocol II provides that “enforced prostitution and any form of indecent assault” shall remain prohibited at any time and in any place whatsoever.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

African Charter on the Rights and Welfare of the Child

Article 27 of the 1990 African Charter on the Rights and Welfare of the Child provides:
States Parties to the present Charter shall undertake to protect the child from all forms of sexual exploitation and sexual abuse and shall in particular take measures to prevent: (a) the inducement, coercion or encouragement of a child to engage in any sexual activity; (b) the use of children in prostitution or other sexual practices; (c) the use of children in pornographic activities, performances and materials.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

ICC Statute

Pursuant to Article 6(d) of the 1998 ICC Statute, “[i]mposing measures intended to prevent births within the group” constitutes genocide when “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
Pursuant to Article 7(1)(g) of the 1998 ICC Statute, “[r]ape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” constitutes a crime against humanity “when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
Pursuant to Article 8(2)(b)(xxii) and (e)(vi) of the 1998 ICC Statute, “[c]ommitting rape, sexual slavery, enforced prostitution, forced pregnancy … enforced sterilization, or any other form of sexual violence” constitutes a war crime in both international and non-international armed conflicts.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

Optional Protocol on Child Trade, Prostitution and Pornography

Article 1 of the 2000 Optional Protocol on Child Trade, Prostitution and Pornography provides that the States Parties shall prohibit child prostitution and child pornography.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

Protocol on Trafficking in Persons

Article 1 of the 2000 Protocol on Trafficking in Persons states: “The purposes of this Protocol are … (a) to prevent and combat trafficking in persons, paying particular attention to women and children”. Article 5 of the Protocol provides:
1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in article 3 of this Protocol [i.e. trafficking in persons], when committed intentionally.
2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:

(a) Subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article;

(b) Participating as an accomplice in an offence established in accordance with paragraph 1 of this article; and

(c) Organizing or directing other persons to commit an offence established in accordance with paragraph 1 of this article.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution

Article 3 of the 2002 SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution provides:
1. The State Parties to the Convention shall take effective measures to ensure that trafficking in any form is an offence under their respective criminal law and shall make such an offence punishable by appropriate penalties which take into account its grave nature.
2. The State Parties to the Convention, in their respective territories, shall provide for punishment of any person who keeps, maintains or manages or knowingly finances or takes part in the financing of a place used for the purpose of trafficking and knowingly lets or rents a building or other place or any part thereof for the purpose of trafficking.
3. Any attempt or abetment to commit any crime mentioned in paras 1 and 2 above or their financing shall also be punishable.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

Statute of the Special Court for Sierra Leone

Article 3(e) of the 2002 Statute of the Special Court for Sierra Leone states that “[t]he Special Court shall have the power to prosecute persons who committed or ordered the commission of serious violations of article 3 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, and of Additional Protocol II thereto of 8 June 1977”, which include “rape, enforced prostitution and any form of indecent assault”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

UN-Cambodia Agreement Concerning the Prosecution under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea

Article 9 of the 2003 UN-Cambodia Agreement Concerning the Prosecution under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea provides:
The subject-matter jurisdiction of the Extraordinary Chambers shall be the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, crimes against humanity as defined in the 1998 Rome Statute of the International Criminal Court and grave breaches of the 1949 Geneva Conventions and such other crimes as defined in Chapter II of the Law on the Establishment of the Extraordinary Chambers as promulgated on 10 August 2001.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

Kampala Convention

Article 9(1) of the 2009 Kampala Convention states: 
State Parties shall protect the rights of internally displaced persons regardless of the cause of displacement by refraining from, and preventing, the following acts, amongst others: 

d. Sexual and gender based violence in all its forms, notably rape, enforced prostitution, sexual exploitation and harmful practices … .https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

 

II.           Other Instruments

 

Lieber Code

Article 44 of the 1863 Lieber Code provides that all rape of persons in the invaded country is prohibited.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Report of the Commission on Responsibility

Based on several documents supplying evidence of outrages committed during the First World War, the 1919 Report of the Commission on Responsibility lists violations of the laws and customs of war which should be subject to criminal prosecution, including rape and the abduction of girls and women for the purpose of enforced prostitution.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Allied Control Council Law No. 10

Article II(1)(c) of the 1945 Allied Control Council Law No. 10 provides that “rape, or other inhumane acts committed against any civilian population” is a crime against humanity.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia

Paragraph 4 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that all civilians be treated in accordance with Article 75 of the 1977 Additional Protocol I.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina

Under paragraph 1 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina, the parties committed themselves to respect and ensure respect for common Article 3 of the 1949 Geneva Conventions. Paragraph 2.3 requires that all civilians be treated in accordance with Article 75 of the 1977 Additional Protocol I.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

UN Declaration on the Elimination of Violence against Women

The preamble to the 1993 UN Declaration on the Elimination of Violence against Women expresses concern that “women in situations of armed conflict are especially vulnerable to violence”. Article 2 of the Declaration provides:
Violence against women shall be understood to encompass, but not be limited to, the following:

(a) Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation;

(b) Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution;

(c) Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

ICTY Statute

Article 5(g) of the 1993 ICTY Statute provides that rape, when committed in armed conflict, whether international or internal in character, and directed against any civilian population, constitutes a crime against humanity.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

ICTR Statute

According to Article 3(g) of the 1994 ICTR Statute, rape, when committed as part of a widespread and systematic attack against any civilian population on national, political, ethnic, racial or religious grounds, constitutes a crime against humanity. Article 4(e) provides that the Tribunal is competent to prosecute violations of common Article 3 of the 1949 Geneva Conventions, including rape, enforced prostitution and any form of indecent assault.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

ILC Draft Code of Crimes against the Peace and Security of Mankind (1996)

Under Article 18(j) of the 1996 ILC Draft Code of Crimes against the Peace and Security of Mankind, “rape, enforced prostitution and any form of sexual abuse” constitute crimes against humanity.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
Article 20(d) of the 1996 ILC Draft Code of Crimes against the Peace and Security of Mankind states that “[r]ape, enforced prostitution and any form of indecent assault” committed in violation of international humanitarian law applicable in international conflict are war crimes.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
Article 20(f)(v) of the 1996 ILC Draft Code of Crimes against the Peace and Security of Mankind stipulates that “[r]ape, enforced prostitution and any form of indecent assault” constitutes a war crime in conflicts not of an international character.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines

Article 2(7) of Part III of the 1998 Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines provides that the Agreement seeks to protect and promote the right not to be subject to rape and sexual abuse.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

UN Secretary-General’s Bulletin

According to Section 7.2, 7.3 and 7.4 of the 1999 UN Secretary-General’s Bulletin, rape, enforced prostitution or any form of sexual assault and humiliation against persons not, or no longer, taking part in military operations and persons placed hors de combat, with a specific reference to women and children, are prohibited at any time and in any place.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

UNTAET Regulation No. 2000/15

The UNTAET Regulation No. 2000/15 establishes panels with exclusive jurisdiction over serious criminal offences, including war crimes. According to Section 6(1)(b)(xxii) and (e)(vi), “[c]ommitting rape, sexual slavery, enforced prostitution, forced pregnancy … enforced sterilization, or any other form of sexual violence” constitutes a war crime in both international and non-international armed conflicts.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

N’Djamena Declaration on Ending Recruitment and Use of Children by Armed Forces and Groups

In June 2010, Cameroon, the Central African Republic, Chad, Nigeria, Niger and Sudan adopted the N’Djamena Declaration. In the preamble, the participating States 

Reiterat[ed] [their] concern regarding the precarious situation of children affected by conflict and the consistent presence of children within armed forces and groups in [their] region”;
Recall[ed] the Optional Protocol [to the Convention on the Rights of the Child] on the sale of children, child prostitution and child pornography;

Recall[ed] Security Council resolution 1888 (2009) on sexual violence in situations of armed conflict;

[expressed deep concern over] the situation of young girls associated with armed forces and groups, subject to sexual violence and abuse during armed conflict, and excluded from the release, withdrawal, psychosocial rehabilitation and socio-economic reintegration programs often by socio-cultural barriers; [and]
Recogniz[ed] that States have the primary responsibility of ensuring, without discrimination, the security and protection of all children living on their national territory.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  
[t]o protect children from all forms of exploitation and violence, by criminalizing all acts of … child prostitution and child pornography and ensuring the rights of child victims and witnesses.https://www.icrc.org/customary-ihl/eng/fnIcon.gif ‘’

 

IV. National Legislation

 

Argentina

Argentina’s Law on the Protection of Children’s and Adolescents’ Rights (2005) states: 
Children and adolescents are entitled to dignity as subjects of international law and developing persons. [They are entitled] to not be subjected to … any form of … sexual exploitation, kidnapping or trafficking for any cruel or degrading purpose, or under any cruel or degrading form or condition …
Children and adolescents are entitled to their physical, sexual, psychological and moral integrity.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Armenia

Under Armenia’s Penal Code (2003), the “application of … humiliating practices” during an armed conflict constitutes a crime against the peace and security of mankind. This is also the case for acts of genocide, including “violently preventing births” within a national, ethnic, racial or religious group.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Australia

Australia’s War Crimes Act (1945) provides that rape and “abduction of girls and women for the purpose of enforced prostitution” are war crimes.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
Under Australia’s War Crimes Act (1945), as amended in 2001, rape, indecent assault and “abduction, or procuring, for immoral purposes” are considered serious war crimes.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Australia’s Criminal Code Act (1995), as amended to 2007, states with respect to serious war crimes that are committed in the course of an international armed conflict 
268.59 War crime – rape
(1) A person (the perpetrator) commits an offence if: 

(a) the perpetrator sexually penetrates another person without the consent of that person; and

(b) the perpetrator knows about, or is reckless as to, the lack of consent; and

(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.
(2) A person (the perpetrator) commits an offence if: 

(a) the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the other person; and

(b) the perpetrator knows about, or is reckless as to, the lack of consent; and

(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years. 
(3) In this section:
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:

(a) the person submits to the act because of force or the fear of force to the person or to someone else;

(b) the person submits to the act because the person is unlawfully detained;

(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;

(d) the person is incapable of understanding the essential nature of the act;

(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);

(f) the person submits to the act because of psychological oppression or abuse of power;

(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.

(4) In this section:
sexually penetrate means:

(a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or

(b) penetrate (to any extent) the mouth of a person by the penis of another person; or

(c) continue to sexually penetrate as defined in paragraph (a) or (b).

(5) In this section, being reckless as to a lack of consent to sexual penetration includes not giving any thought to whether or not the person is consenting to sexual penetration.
(6) In this section, the genitalia or other parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.
268.60 War crime – sexual slavery
(1) A person (the perpetrator) commits an offence if: 

(a) the perpetrator causes another person to enter into or remain in sexual slavery; and

(b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; and

(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.
(2) For the purposes of this section, sexual slavery is the condition of a person who provides sexual services and who, because of the use of force or threats:

(a) is not free to cease providing sexual services; or

(b) is not free to leave the place or area where the person provides sexual services.

(3) In this section:
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
threat means: 

(a) a threat of force; or 

(b) a threat to cause a person’s deportation; or 

(c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.

268.61 War crime – enforced prostitution
(1) A person (the perpetrator) commits an offence if:

(a) the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the consent of the person or persons, including by being reckless as to whether there is consent; and

(b) the perpetrator intends that he or she, or another person, will obtain pecuniary or other advantage in exchange for, or in connection with, the acts of a sexual nature; and

(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.
(2) In subsection (1):
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:

(a) the person submits to the act because of force or the fear of force to the person or to someone else;

(b) the person submits to the act because the person is unlawfully detained;

(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;

(d) the person is incapable of understanding the essential nature of the act;

(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);

(f) the person submits to the act because of psychological oppression or abuse of power;

(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.

threat of force or coercion includes: 

(a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or

(b) taking advantage of a coercive environment.

(3) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.
268.62 War crime – forced pregnancy
(1) A person (the perpetrator) commits an offence if: 

(a) the perpetrator unlawfully confines one or more women forcibly made pregnant; and

(b) the perpetrator intends to affect the ethnic composition of any population or to destroy, wholly or partly, a national, ethnical, racial or religious group, as such; and

(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.
(2) In subsection (1):
forcibly made pregnant includes made pregnant by a consent that was effected by deception or by natural, induced or age-related incapacity.
(3) To avoid doubt, this section does not affect any other law of the Commonwealth or any law of a State or Territory.
268.63 War crime – enforced sterilisation
(1) A person (the perpetrator) commits an offence if: 

(a) the perpetrator deprives one or more persons of biological reproductive capacity; and

(b) the deprivation is not effected by a birth-control measure that has a non-permanent effect in practice; and

(c) the perpetrator’s conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons; and

(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years. 
(2) In subsection (1):
consent does not include consent effected by deception or by natural, induced or age-related incapacity.
268.64 War crime – sexual violence
(1) A person (the perpetrator) commits an offence if:

(a) the perpetrator does either of the following:

without the consent of the person or persons, including by being reckless as to whether there is consent; and 

(b) the perpetrator’s conduct is of a gravity comparable to the offences referred to in sections 268.59 to 268.63; and

(c) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years. 
(2) Strict liability applies to paragraph (1)(b). 
(3) In subsection (1):
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:

(a) the person submits to the act because of force or the fear of force to the person or to someone else;

(b) the person submits to the act because the person is unlawfully detained;

(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;

(d) the person is incapable of understanding the essential nature of the act;

(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);

(f) the person submits to the act because of psychological oppression or abuse of power;

(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.

threat of force or coercion includes:

(a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or

(b) taking advantage of a coercive environment.

(4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  [emphasis in original]
268.82 War crime – rape
(1) A person (the perpetrator) commits an offence if: 

(a) the perpetrator sexually penetrates another person without the consent of that person; and

(b) the perpetrator knows of, or is reckless as to, the lack of consent; and

(c) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 25 years.
(2) A person (the perpetrator) commits an offence if: 

(a) the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the other person; and

(b) the perpetrator knows of, or is reckless as to, the lack of consent; and

(c) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 25 years.
(3) In this section:
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:

(a) the person submits to the act because of force or the fear of force to the person or to someone else;

(b) the person submits to the act because the person is unlawfully detained;

(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;

(d) the person is incapable of understanding the essential nature of the act;

(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);

(f) the person submits to the act because of psychological oppression or abuse of power;

(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.

(4) In this section:
sexually penetrate means:

(a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or

(b) penetrate (to any extent) the mouth of a person by the penis of another person; or

(c) continue to sexually penetrate as defined in paragraph (a) or (b).

(5) In this section, being reckless as to a lack of consent to sexual penetration includes not giving any thought to whether or not the person is consenting to sexual penetration.
(6) In this section, the genitalia or other parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.
268.83 War crime – sexual slavery
(1) A person (the perpetrator) commits an offence if: 

(a) the perpetrator causes another person to enter into or remain in sexual slavery; and

(b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; and

(c) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 25 years.
(2) For the purposes of this section, sexual slavery is the condition of a person who provides sexual services and who, because of the use of force or threats:

(a) is not free to cease providing sexual services; or

(b) is not free to leave the place or area where the person provides sexual services.

(3) In this section:
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
threat means: 

(a) a threat of force; or 

(b) a threat to cause a person’s deportation; or 

(c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.
268.84 War crime – enforced prostitution
(1) A person (the perpetrator) commits an offence if:

(a) the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the consent of the person or persons, including by being reckless as to whether there is consent; and

(b) the perpetrator intends that he or she, or another person, will obtain pecuniary or other advantage in exchange for, or in connection with, the acts of a sexual nature; and

(c) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 25 years. 
(2) In subsection (1):
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:

(a) the person submits to the act because of force or the fear of force to the person or to someone else;

(b) the person submits to the act because the person is unlawfully detained;

(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;

(d) the person is incapable of understanding the essential nature of the act;

(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);

(f) the person submits to the act because of psychological oppression or abuse of power;

(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.

threat of force or coercion includes:

(a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or

(b) taking advantage of a coercive environment.

(3) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.
268.85 War crime – forced pregnancy
(1) A person (the perpetrator) commits an offence if: 

(a) the perpetrator unlawfully confines one or more women forcibly made pregnant; and

(b) the perpetrator intends to affect the ethnic composition of any population or to destroy, wholly or partly, a national, ethnical, racial or religious group as such; and

(c) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 25 years. 
(2) In subsection (1):
forcibly made pregnant includes made pregnant by a consent that was affected by deception or by natural, induced or age-related incapacity.
(3) To avoid doubt, this section does not affect any other law of the Commonwealth or any law of a State or Territory.
268.86 War crime – enforced sterilisation
(1) A person (the perpetrator) commits an offence if: 

(a) the perpetrator deprives one or more persons of biological reproductive capacity; and 

(b) the deprivation is not effected by a birth-control measure that has a non-permanent effect in practice; and 

(c) the perpetrator’s conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons; and

(d) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 25 years.
(2) In subsection (1):
consent does not include consent effected by deception or by natural, induced or age-related incapacity.
268.87 War crime – sexual violence
(1) A person (the perpetrator) commits an offence if: 

(a) the perpetrator does either of the following:

without the consent of the person or persons, including by being reckless as to whether there is consent; and

(b) the perpetrator’s conduct is of a gravity comparable to the offences referred to in sections 268.82 to 268.87; and

(c) the conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 25 years. 
(2) Strict liability applies to paragraph (1)(b)(3). In subsection (1):
consent means free and voluntary agreement. The following are examples of circumstances in which a person does not consent to an act:

(a) the person submits to the act because of force or the fear of force to the person or to someone else;

(b) the person submits to the act because the person is unlawfully detained;

(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;

(d) the person is incapable of understanding the essential nature of the act;

(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);

(f) the person submits to the act because of psychological oppression or abuse of power;

(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.

threat of force or coercion includes:

(a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against the person or another person; or

(b) taking advantage of a coercive environment.

(4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  [emphasis in original]
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the crimes defined in the 1998 ICC Statute, including: “genocide by imposing measures intended to prevent births”; crimes against humanity, including “rape”, “sexual slavery”, “enforced prostitution”, “forced pregnancy”, “enforced sterilisation” and “sexual violence”; and war crimes, including “rape”, “sexual slavery”, “enforced prostitution”, “forced pregnancy”, “enforced sterilisation” and “sexual violence”, in both international and non-international armed conflicts.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Azerbaijan

Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides that in international and non-international armed conflicts, rape of civilian persons, degrading and humiliating treatment of women, forced prostitution and attacks on their dignity are prohibited. It further prohibits the rape of prisoners of war and adds: “Women and young girls are especially protected against attacks on their honour.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
Azerbaijan’s Criminal Code (1999) provides that “committing rape, sexual slavery, enforced prostitution, enforced sterilization and other acts related to sexual violence” are war crimes.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Azerbaijan

Azerbaijan’s Criminal Code (1999), as amended to 2007, provides that “committing rape, sexual slavery, enforced prostitution, enforced sterilization, forced pregnancy and other acts related to sexual violence” are war crimes.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Bangladesh

Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Belgium

Belgium’s Penal Code (1867), as amended in 2003, provides:
The crime of genocide, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Convention for the Prevention and Punishment of the Crime of Genocide of 9 December 1948, and without prejudice to criminal provisions applicable to breaches committed out of negligence, the crime of genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such: 

… 

4. imposing measures intended to prevent births within the group.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

A crime against humanity, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Statute of the International Criminal Court, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: 

… 

7. rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … : 

… 

4. rape, sexual slavery, enforced prostitution, enforced pregnancy, enforced sterilization, or any other form of sexual violence constituting a grave breach of the [1949] Geneva Conventions or a serious violation of Article 3 common to the said Conventions.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Belgium’s Law concerning the Repression of Grave Breaches of the Geneva Conventions and their Additional Protocols (1993), as amended in 1999, provides that “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” constitutes a crime under international law.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Belgium’s Law relating to the Repression of Grave Breaches of International Humanitarian Law (1993), as amended in 2003, provides:
The crime of genocide, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Convention for the Prevention and Punishment of the Crime of Genocide of 9 December 1948, and without prejudice to criminal provisions applicable to breaches committed out of negligence, the crime of genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such: 

… 

4. imposing measures intended to prevent births within the group.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

A crime against humanity, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Statute of the International Criminal Court, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: 

… 

7. rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … : 

… 

bis rape, sexual slavery, enforced prostitution, enforced pregnancy, enforced sterilization, or any other form of sexual violence constituting a grave breach of the [1949] Geneva Conventions or a serious violation of Article 3 common to the said Conventions.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Bosnia and Herzegovina

The Criminal Code (1998) of the Federation of Bosnia and Herzegovina provides that forced prostitution and rape of civilians is a war crime.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

Bosnia and Herzegovina’s Criminal Code (2003) criminalizes the following as an act of genocide:
Whoever, with an aim to destroy, in whole or in part, a national, ethnical, racial or religious group, orders perpetration or perpetrates any of the following acts: 

d) Imposing measures intended to prevent births within the group.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

(1) Whoever, as part of a widespread or systematic attack directed against any civilian population, with knowledge of such an attack, perpetrates any of the following acts: 

g) Coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape), sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity.

(2) For the purpose of paragraph 1 of this Article the following terms shall have the following meanings:

f) Forced pregnancy means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  [emphasis in original]

Whoever, by means of use of force or threat of use of force or other forms of coercion, of abduction, of fraud or deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, recruits, transports, transfers, harbours or receipts a person, for the purpose of the prostitution of others or other forms of sexual exploitation, … 
shall be punished by imprisonment for a term of between one and ten years.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Burundi

Burundi’s Law on Genocide, Crimes against Humanity and War Crimes (2003) states:
[The following are] considered as war crimes: 

B. Other serious violations of the laws and customs applicable in international armed conflicts, within the established framework of international law, namely, any of the following acts:

u) committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;


D. Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:

f) committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and any other form of sexual violence also constituting a serious violation of Article 3 common to the four Geneva Conventions.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Burundi’s Penal Code (2009) states:
“War crimes” means crimes which are committed as part of a plan or policy or as part of a large-scale commission of such crimes, in particular:

2. … [S]erious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:

5. … [S]erious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:

Cambodia

Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its Article 5:
The Extraordinary Chambers shall have the power to bring to trial all suspects who committed crimes against humanity during the period 17 April 1975 to 6 January 1979.
Crimes against humanity … are any acts committed as part of a widespread or systematic attack directed against any civilian population, on national, political, ethnical, racial or religious grounds, such as:

- rape.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

The Extraordinary Chambers shall have the power to bring to trial all Suspects who committed the crimes of genocide as defined in the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, and which were committed during the period from 17 April 1975 to 6 January 1979.
The acts of genocide … mean any acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, such as:

- imposing measures intended to prevent births within the group.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Canada

Canada’s Crimes against Humanity and War Crimes Act (2000) provides that genocide, crimes against humanity and war crimes defined in Articles 6, 7 and 8(2) of the 1998 ICC Statute are “crimes according to customary international law” and, as such, indictable offences under the Act.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

China

China’s Law Governing the Trial of War Criminals (1946) provides that rape and “kidnapping females and forcing them to become prostitutes” is a war crime.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Colombia

Colombia’s Penal Code (2000) imposes a criminal sanction on anyone who, during an armed conflict, carries out or orders the “carrying out of forced sexual acts on protected persons” and “forced prostitution or sexual slavery”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Congo

Under the Congo’s Genocide, War Crimes and Crimes against Humanity Act (1998), “imposing measures intended to prevent births” within an ethnical, racial or religious group, as such, with intent to destroy the group, in whole or in part, constitutes a crime of genocide. Moreover, “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and any other form of sexual violence of comparable gravity” when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, is a crime against humanity.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

Croatia

Croatia’s Criminal Code (1997) provides that forced prostitution and rape are war crimes.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Croatia’s Criminal Code (1997), as amended to 2006, states that a war crime is committed by whoever “orders rape, sexual oppression, forced prostitution, pregnancy or sterilization or other sexual abuse”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Democratic Republic of the Congo

The Democratic Republic of the Congo’s Military Penal Code (2002) provides:
Article 169
Any of the following acts, perpetrated as part of a widespread or systematic attack knowingly directed against the Republic or the civilian population, equally constitutes a crime against humanity and is punished by death, whether committed in time of peace or in time of war:

7. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and other forms of sexual violence of comparable gravity.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

The Democratic Republic of the Congo’s Law Relative to Sexual Violence (2006), modifying and completing the Congolese Penal Code, provides:
Legislative background

Until now, Congolese penal law did not contain all the incriminations that international law, since 1946, has established as offences, as a dissuasive bulwark against those who, big or small, violate international law, in particular humanitarian law, thereby denying the civilian population the quality and the values of humanity.
Thus, the present law modifies and completes the Congolese Penal Code by integrating rules of international humanitarian law relative to offences of sexual violence. Thereby, it largely takes into account the protection of the most vulnerable persons, notably women, children and men victims of offences of sexual violence.

Law

Article 2
Section II of Title VI of the Penal Code, Book II is modified and completed as follows.
Section II: Sexual violence offences
First paragraph: Indecent assault
Article 167
Any act contrary to morals intentionally and directly exercised against a person without their valid consent constitutes an indecent assault.
Any indecent assault committed without violence, trickery or threats against the person or through the person of a child aged less than 18 years shall be punished with penal servitude between six months and five years. The age of the child can be determined by medical examination, official information on personal data lacking.
Article 168
Indecent assault committed with violence, trickery or threats against persons of either sex shall be punished with penal servitude between six months and five years.
Indecent assault committed with violence, trickery or threats against the person or through the person of a child aged less than 18 years shall be punished with penal servitude between five and fifteen years. If the assault was committed against persons or through persons aged less than ten years, the penalty shall be between five and twenty years.
Paragraph 2: Rape
Article 170
Shall have committed rape, either by aid of violence or grave threats or by coercion against a person, directly or through a third person, or by surprise, psychological pressure, or at the occasion of a coercive environment, or by abusing a person who due to illness, alteration of faculties or any other accidental reason has lost the use of his/her senses, or who has been deprived of them by artifice:

a) any man, whatever his age, who has inserted his sexual organ, however slight, into that of a woman, or any woman, whatever her age, who has forced a man to insert, if only superficially, his sexual organ into hers;

b) any man who has penetrated, however slight, the anus, mouth or any other orifice of the body of a woman or a man with a sexual organ, with any other part of the body, or with any object whatsoever;

c) any person who has inserted, however slight, any other part of the body or any object whatsoever into the vagina; 

d) any person who has forced a man or a woman to penetrate, however slight, his anus, mouth or any orifice of the body with a sexual organ, with any other part of the body, or with any object whatsoever;

Whoever is found guilty of rape shall be punished with a penalty of penal servitude between five and twenty years and a fine of not less than 100,000 Congolese francs.

Article 171
If the rape or the indecent assault has caused the death of the person against whom it was committed, the perpetrator shall be punished with penal servitude for life.
Article 171bis
The minimum of the penalties provided in articles 167, paragraph 2, l68 and 170, paragraph 2, of the present Code shall be doubled:

2. if [the perpetrators] belong to the category of those who have authority over [the person against whom or through whom the assault was committed].

4. if the assault has been committed either by public agents … who have abused their position to commit it …;

5. if the perpetrator has been aided in the execution of the offence by one or several persons;

6. if it is committed against captive persons by their guards;

10. if the rape was committed by use of a weapon or threat therewith.


Article 3
Section III of Title VI of the Penal Code, Book II is modified as follows:
Section III: Other sexual violence offences

Paragraph 3: Enforced prostitution
Article 174 c
Whoever caused one or more persons to engage in one or more acts of a sexual nature, by force, by threat of force, or by coercion, or by taking advantage of such persons’ incapacity to give genuine consent, with a view to obtain pecuniary or other advantage, shall be punished with three months to five years of penal servitude.

Paragraph 5: Sexual slavery
Article 174 e
Punished with a penalty of five to twenty years of penal servitude and a fine of 200,000 Congolese francs shall be whoever has exercised one or all of the powers attached to the right of ownership over a person, notably by detaining or imposing a similar deprivation of liberty or by purchasing, selling, lending or bartering such a person for sexual purposes, and has caused that person to engage in one or more acts of a sexual nature.

Paragraph 10: Trafficking and exploitation of children for sexual purposes
Article 174 j
Any act or transaction related to the trafficking or exploitation of children or any other person for sexual purposes in return for remuneration or any advantage whatsoever is punished with ten to twenty years of penal servitude.
Paragraph 11: Forced pregnancy
Article 174 k
Punished with a penalty of penal servitude between ten and twenty years shall be whoever has confined one or more women made pregnant by force or trickery.
Paragraph 12: Enforced sterilization
Article 174 l
Punished with five to fifteen years of penal servitude shall be whoever has committed against a person an act depriving that person of the biological and organic reproductive capacity, without such an act having been previously been made the object of a justified medical decision and the genuine consent of the victim.

Paragraph 14: Child prostitution
Article 174 n
Punished by penal servitude between five and twenty years and a fine of 200,000 Congolese francs shall be whoever has used a child of less than 18 years for purposes of sexual activities against remuneration or any other form of advantage.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Denmark

Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

El Salvador

Under El Salvador’s Penal Code (1997), “adopting measures aimed at preventing reproduction” of a national, racial or religious group, with the intent to destroy partially or totally such group, is a crime of genocide.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Estonia

Estonia’s Penal Code (2001) provides that rape of a civilian person is a war crime.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Ethiopia

Under Ethiopia’s Penal Code (1957) “compulsion to acts of prostitution, debauchery and rape” are war crimes against the civilian population.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Ethiopia’s Criminal Code (2004) states:
Article 270.- War Crimes against the Civilian Population.
Whoever, in time of war, armed conflict or occupation organizes, orders or engages in, against the civilian population and in violation of the rules of public international law and of international humanitarian conventions:

(f) compulsion to acts of prostitution, debauchery or rape …

is punishable with rigorous imprisonment from five years to twenty-five years, or, in more serious cases, with life imprisonment or death.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Finland

Finland’s Criminal Code (1889), as amended in 2008, provides that any person who “rapes another, subjects him or her to sexual slavery, forces him or her into prostitution, pregnancy or sterilization or commits other corresponding aggravated sexual violence against him or her” shall be “sentenced for a war crime to imprisonment for at least one year or for life”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  (emphasis in original)

France

France’s Penal Code (1994), as amended in 2010, states in its section on war crimes common to both international and non-international armed conflicts:
Forcing a person protected by the international law of armed conflict into prostitution, unwanted pregnancy and sterilization against that person’s will, or inflicting any other form of sexual violence of comparable gravity against such person, is punishable by life imprisonment.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Georgia

Under Georgia’s Criminal Code (1999), any war crime provided for by the 1998 ICC Statute, which is not explicitly mentioned in the Code, such as “rape, sexual slavery, enforced prostitution, forced pregnancy, … enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions” in international and non-international armed conflicts, is a war crime.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Germany

Germany’s Law Introducing the International Crimes Code (2002) provides for the punishment of anyone who, in connection with an international or non-international armed conflict, 
sexually coerces, rapes, forces into prostitution or deprives a person who is to be protected under international humanitarian law of his or her reproductive capacity, or confines a woman forcibly made pregnant with the intent of affecting the ethnic composition of any population.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Guinea

Guinea’s Children’s Code (2008) states:
Article 347: Any completed or attempted indecent act carried out directly, immediately and intentionally against a person, with or without violence, constitutes indecent assault. 
Article 348: Any indecent assault committed or attempted without the use of violence, coercion or surprise against a Child of either sex [under] the age of 13 will be punished with 3 to 10 years’ imprisonment and by a fine of 100,000 to 500,000 Guinean francs or with one of these penalties.
Any indecent assault on a Child above the age of 13 and not emancipated by marriage will be punished with one or both of these penalties when completed or attempted without violence, coercion or surprise by a natural or adoptive ancestor of the victim, by a person having authority over the victim, or by a person who abused the authority conferred on him or her through his or her position. 
During an armed conflict, any assault committed in the same circumstances as those described above will be punished with 5 to 15 years’ imprisonment and with a fine of 500,000 to 1,000,000 Guinean francs, or with one of these penalties.
Article 349: Any indecent assault completed or attempted with violence, threat or surprise against the person of a Child of either sex under the age of 15 will be punished with 3 to 10 years’ imprisonment and a fine of 200,000 to 800,000 Guinean francs or with one of these penalties.

During an armed conflict, the penalty will be 5 to 20 years’ imprisonment and a fine of 500,000 to 2,000,000 Guinean francs or one of these penalties.

Article 353: During an armed conflict, rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization or any other form of sexual violence, if committed against a person under the age of 18, will be punished with 15 to 20 years’ imprisonment and a fine of 1,000,000 to 2,500,000 Guinean francs or with one of these penalties.
An attempt to commit any of these violations will be punished with the same penalties.

Article 430: During an armed conflict, any assault against the physical and moral integrity of a Child will be punished with 2 to 5 years’ imprisonment and a fine of 50,000 to 500,000 Guinean francs or with one of these penalties.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Hungary

Under Hungary’s Criminal Code (1978), as amended in 1998, taking measures aiming at the prevention of births within a national, ethnic, racial or religious group, as a part of a genocide campaign, constitutes a “crime against the freedom of peoples”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Iraq

Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) identifies the following as a serious violation of the laws and customs of war applicable in both international and non-international armed conflicts: “Committing rape, sexual slavery, enforced prostitution, forced pregnancy, or any other form of sexual violence of comparable gravity”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Ireland

Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of common Articles 3 and 27 of the Geneva Convention IV, and of the 1977 Additional Protocol I, including violations of Articles 75(2), 76(1) and 77(1), as well as any “contravention” of the 1977 Additional Protocol II, including violations of Article 4(2)(e), are punishable offences.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Israel

Israel’s Nazis and Nazi Collaborators (Punishment) Law (1950) includes “imposing measures intended to prevent births among Jews” in its definition of genocide.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Lithuania

Under Lithuania’s Criminal Code (1961), as amended in 1998, “rape of women or forcing them to engage in prostitution” constitutes a war crime.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Mali

Mali’s Penal Code (2001) provides that “rape, sexual slavery, forced prostitution, forced pregnancies, forced sterilization or any other form of sexual violence which is a grave breach of the 1949 Geneva Conventions” constitutes a war crime in international armed conflicts.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Mozambique

Mozambique’s Military Criminal Law (1987) criminalizes sexual intercourse with a woman against her will, as well as the rape of minors under 12 years old.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Myanmar

Myanmar’s Defence Service Act (1959) provides:
Any person subject to this law who commits an offence … of rape in relation to [any person not subject to military law] shall not be deemed to be guilty of an offence against this act and shall not be tried by a court-martial unless he commits any of the said offences … while in active service.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Netherlands

The Definition of War Crimes Decree (1946) of the Netherlands includes “rape” and “abduction of girls and women for the purpose of enforced prostitution” in its list of war crimes.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
Under the International Crimes Act (2003) of the Netherlands, “rape, sexual slavery, enforced prostitution, enforced sterilization, or any other form of sexual violence which can be deemed to be of a gravity comparable to a grave breach of the Geneva Conventions”, “forced pregnancy”, as well as “outrages upon personal dignity, in particular humiliating and degrading treatment” of persons taking no active part in the hostilities, constitute crimes, whether committed in time of international or non-international armed conflict.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

New Zealand

Under New Zealand’s International Crimes and ICC Act (2000), genocide includes the crimes defined in Article 6(d) of the 1998 ICC Statute, crimes against humanity include the crimes defined in Article 7(1)(g) of the Statute, and war crimes include the crimes defined in Article 8(2)(b)(xxii) and (e)(vi) of the Statute.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Niger

According to Niger’s Penal Code (1961), as amended in 2003, it is a crime of genocide to adopt “measures aimed at preventing birth” within a group, with the intent to destroy partially or totally a national, ethnic, racial or religious group or a group defined on the basis of any other arbitrary criterion.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Norway

Norway’s Military Penal Code (1902), as amended in 1981, provides: 
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Norway’s Penal Code (1902), as amended in 2008, states:
Any person is liable to punishment for a war crime who in connection with an armed conflict … subjects a protected person to rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Paraguay

Under Paraguay’s Military Penal Code (1980), rape is a crime.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Peru

Peru’s Regulations to the Law on Internal Displacement (2005) states:
Internally displaced persons who return to their places of habitual residence or who have resettled in another part of the country have a right to:

k) Be protected against … gender-based violence and sexual exploitation.

l) Be protected against crimes of sexual violence and abuse against women and their families.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

Peru’s Code of Military and Police Justice (2006) states:
Any member of the military or police who in the context of an international or non-international armed conflict:

4. Subjects [one or more persons] to rape or sexual slavery, enforced prostitution, enforced sterilization, forced marriage or cohabitation as a partner, shall be imprisoned for a period of no less than six and no more than 15 years. 

The same penalty shall be imposed for the unlawful confinement of a woman protected by international humanitarian law who has been forcibly impregnated with the intent of affecting the ethnic composition of a population, or who has been forced by means of violence or serious threat to have an abortion.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Peru’s Decree on the Use of Force by the Armed Forces (2010) states: 
With respect to the persons mentioned above [i.e. persons not directly participating in hostilities or who have laid down their arms as well as persons placed hors de combat by illness, wounds, detention or any other reason], the following actions are prohibited anytime and anywhere:

… 

b. … sexual violence.

f. Threats to carry out any of the aforementioned acts.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Philippines

The Philippines’ Republic Act No. 8353 (1997), the “Anti-Rape Law of 1997”, provides:
Article 266-B. Penalties

The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:

2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;

7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Republic of Korea

The Republic of Korea’s Military Criminal Code (1962) provides that the rape of women in combat or in an occupied zone is punishable by the death penalty.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Republic of Korea

The Republic of Korea’s ICC Act (2007) provides for the punishment of crimes listed in the 1998 ICC Statute, including in both international and non-international armed conflicts: genocide by “[i]mposing measures intended to prevent births within the group”; “[r]ape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violation of comparable gravity” as crimes against humanity; as well as the war crimes of “[r]ape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization against a person who is to be protected under international humanitarian law”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Rwanda

Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
Article: 10
“War crime” shall also mean any of the following acts committed in armed conflicts:

4° outrages upon human dignity, in particular rape, sexual abuse, enforced prostitution, and any form of indecent assault;

Article: 11
Anyone who commits one of the war crimes provided for in Article 10 of this law shall be punished by the following penalties:

1° the death penalty or life imprisonment where he has committed a crime provided for in point 1°, 4°, 5°, 6°, 9° or 10° of Article 10 of this law.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Senegal

Senegal’s Penal Code (1965), as amended in 2007, states that the following constitute war crimes:
b) [O]ther serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts: 

19. committing rape, sexual slavery, enforced prostitution, enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;


d) …
Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts: 

6. subjecting to rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and any other form of sexual violence also constituting a serious violation of Article 3 common to the four Geneva Conventions.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

Serbia

Serbia’s Criminal Code (2005) states that ordering or imposing measures intended to prevent births within a group, “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”, constitutes an act of genocide.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Slovenia

Under Slovenia’s Penal Code (1994), forced prostitution and rape are war crimes.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Somalia

Somalia’s Military Criminal Code (1963) states:
A commander who causes serious harm to lawful enemy belligerents who have fallen into his power, or to the sick, wounded or shipwrecked, by not according them the treatment prescribed by law or by international agreements … shall be punished, unless the act constitutes a more serious offence, by military confinement for not less than three years.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

South Africa

South Africa’s ICC Act (2002) reproduces the crimes listed in the 1998 ICC Statute, including genocide by “imposing measures intended to prevent births within the group”, and “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” as crimes against humanity, as well as the war crimes of “committing rape, sexual slavery, enforced prostitution, forced pregnancy …, enforced sterilization, or any other form of sexual violence also constituting a grave breach of [the 1949 Geneva Conventions or, in non-international armed conflicts, Common Article 3]” in both international and non-international armed conflicts.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Spain

Spain’s Military Criminal Code (1985) provides for the punishment of military personnel who commit rape of the wounded, sick and shipwrecked, prisoners of war or the civilian population.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Under Spain’s Penal Code (1995), in time of armed conflict, acts of induced or forced prostitution or any type of attempt against the honour of protected persons are criminal offences.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Spain’s Penal Code (1995), as amended in 2010, states:
Any person who [commits any of the following acts] during armed conflict is punished with 10 to 15 years’ imprisonment, without prejudice to a penalty for the results of such acts:

… 

9. Outrage against the sexual freedom of a protected person through acts of rape, sexual slavery, enforced or induced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Spain’s Royal Ordinances for the Armed Forces (2009) states that members of the armed forces “[m]ust protect defenceless or disadvantaged persons, in particular women and children, against rape, forced prostitution … or any other form of sexual exploitation or violence.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Switzerland

Switzerland’s Penal Code (1937), as amended in 2009, states 
Any person who, with the intent to destroy, in whole or in part, a national, racial, religious or ethnic group, [commits any of the following acts,] is to be punished with life imprisonment, 10 years’ imprisonment or less: 

c. imposing measures to prevent births within the group.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Turkey

Under Turkey’s Criminal Code (2004), the imposition of measures that are intended to prevent births in the group constitutes genocide when committed “under a plan against members of national, racial or religious groups with the intention of destroying the complete or part of the group”. Furthermore, sexual assault and sexual abuse of children, forced pregnancy and forced prostitution constitute crimes against humanity when committed “systematically under a plan against a sector of a community for political, philosophical, racial or religious reasons”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

United Kingdom of Great Britain and Northern Ireland

Under the UK ICC Act (2001), it is a punishable offence to commit genocide as defined in Article 6(d) of the 1998 ICC Statute, a crime against humanity as defined in Article 7(1)(g) of the Statute, and a war crime as defined in Article 8(2)(b)(xxii) and (e)(vi) of the Statute.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

United States of America

The US War Crimes Act (1996), as amended by the Military Commissions Act (2006), which was passed by Congress following the Supreme Court’s decision in Hamden v. Rumsfeld in 2006, includes in its definition of war crimes any conduct constituting a grave breach of common Article 3 of the 1949 Geneva Conventions:
§ 2441. War crimes

(c) Definition.—As used in this section the term “war crime” means any conduct—

(3) which constitutes a grave breach of common Article 3 (as defined in subsection (d)) when committed in the context of and in association with an armed conflict not of an international character; or

(d) Common Article 3 Violations.—
(1) Prohibited conduct.—In subsection (c)(3), the term “grave breach of common Article 3” means any conduct (such conduct constituting a grave breach of common Article 3 of the international conventions done at Geneva August 12, 1949), as follows:

(G) Rape.—The act of a person who forcibly or with coercion or threat of force wrongfully invades, or conspires or attempts to invade, the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object.

(H) Sexual assault or abuse.—The act of a person who forcibly or with coercion or threat of force engages, or conspires or attempts to engage, in sexual contact with one or more persons, or causes, or conspires or attempts to cause, one or more persons to engage in sexual contact.

(2) Definitions.—In the case of an offense under subsection (a) by reason of subsection (c)(3)—

(C) the term “sexual contact” shall be applied for purposes of paragraph (1)(G) in accordance with the meaning given that term in section 2246 (3) of this title;

(5) Definition of grave breaches.—The definitions in this subsection are intended only to define the grave breaches of common Article 3 and not the full scope of United States obligations under that Article.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

United States of America

The US Military Commissions Act (2006), passed by Congress following the Supreme Court’s decision in Hamdan v. Rumsfeld in 2006, amends Title 10 of the United States Code as follows: 
§ 950v. Crimes triable by military commissions
“ …
“(b) OFFENSES.—The following offenses shall be triable by military commission under this chapter at any time without limitation: 

“ …

“(21) RAPE.—Any person subject to this chapter who forcibly or with coercion or threat of force wrongfully invades the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object, shall be punished as a military commission under this chapter may direct.

“(22) SEXUAL ASSAULT OR ABUSE.—Any person subject to this chapter who forcibly or with coercion or threat of force engages in sexual contact with one or more persons, or causes one or more persons to engage in sexual contact, shall be punished as a military commission under this chapter may direct.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Sec. 6. Implementation of Treaty Obligations
“ …
“(b) REVISION TO WAR CRIMES OFFENSE UNDER FEDERAL CRIMINAL CODE.— 

“(1) IN GENERAL.—Section 2441 of title 18, United States Code, is amended—

“…

“(B) by adding at the end the following new subsection:

In July 2007, and in accordance with section 6(a)(3) of the Military Commissions Act (2006), the US President issued an Executive Order which stated that a “Program of Detention and Interrogation Operated by the Central Intelligence Agency” complied with US obligations under common Article 3 of the 1949 Geneva Conventions. The Executive Order stated in part:
Sec. 2. Definitions. As used in this order:

(c) “Cruel, inhuman, or degrading treatment or punishment” means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States.

Sec. 3. Compliance of a Central Intelligence Agency Detention and Interrogation Program with Common Article 3. 
(a) Pursuant to the authority of the President under the Constitution and the laws of the United States, including the Military Commissions Act of 2006, this order interprets the meaning and application of the text of Common Article 3 with respect to certain detentions and interrogations, and shall be treated as authoritative for all purposes as a matter of United States law, including satisfaction of the international obligations of the United States. I hereby determine that Common Article 3 shall apply to a program of detention and interrogation operated by the Central Intelligence Agency as set forth in this section. The requirements set forth in this section shall be applied with respect to detainees in such program without adverse distinction as to their race, color, religion or faith, sex, birth, or wealth.
(b) I hereby determine that a program of detention and interrogation approved by the Director of the Central Intelligence Agency fully complies with the obligations of the United States under Common Article 3, provided that:

(i) the conditions of confinement and interrogation practices of the program do not include:

The US Military Commissions Act (2009) amends Chapter 47A of Title 10 of the United States Code as follows:
§ 950t. Crimes triable by military commission
“The following offenses shall be triable by military commission under this chapter at any time without limitation:

“ …

“(21) RAPE.—Any person subject to this chapter who forcibly or with coercion or threat of force wrongfully invades the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object, shall be punished as a military commission under this chapter may direct.

“(22) SEXUAL ASSAULT OR ABUSE.—Any person subject to this chapter who forcibly or with coercion or threat of force engages in sexual contact with one or more persons, or causes one or more persons to engage in sexual contact, shall be punished as a military commission under this chapter may direct.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Uruguay

Uruguay’s Law on Cooperation with the ICC (2006) states:
A person who commits any of the following acts with the intention to destroy in whole or in part a national, ethnic, religious, political, or trade union group or a group with their own identity based on gender, sexual orientation, cultural or social reasons, age, disability or health, is punished with fifteen to thirty years’ imprisonment:

B) … sexual aggression [or] enforced pregnancy … of one or more members of the group.

D) measures intended to prevent births within the group.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Any person who is a State agent or who is not a State agent but acts under the authority, support or acquiescence of one or more State agents and who commits an act of sexual aggression against a person deprived of their liberty or under their custody or control or against a person in their custody or under their control or who appears before authorities as expert witness or other kind of witness must be punished with two to fifteen years’ imprisonment.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
26.2. Persons and objects affected by the war crimes set out in the present provision are persons and objects which international law protects in international or internal armed conflict.
26.3. The following are war crimes:

30. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization as comprised in Article 24 and as referred to in Article 7, paragraph (g) of the Rome Statute, or any other form of sexual violence also constituting a grave breach of the [1949] Geneva Conventions.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Yugoslavia, Socialist Federal Republic of

The Socialist Federal Republic of Yugoslavia’s Criminal Offences against the Nation and State Act (1945) considers that, during war or enemy occupation, “any person who ordered, assisted or otherwise was the direct executor of … abduction for prostitution, or raping” committed war crimes.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
The Socialist Federal Republic of Yugoslavia Penal Code (1976), as amended in 2001, provides that forced prostitution and rape are war crimes.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

V. National Case-law

 

Bosnia and Herzegovina

In 2006, in the Samardžić case, the Appellate Panel of the Court of Bosnia and Herzegovina stated:
[L]ack of resistance or obvious and constant disagreement throughout the sexual slavery cannot be interpreted as a sign of consent. Neither resistance nor the permanent application of force in itself are required elements of the subject matter of rape.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

[I]t is necessary to particularly stress that the criminal offence of rape, within the context of Crimes against Humanity, differs considerably in its nature from the general criminal offence of rape … [that requires] corroborating evidence or direct examination of the victim. … [I]n cases of rape in war … the examination of the victims themselves is very often impossible due to objective reasons, as many were killed, were unaccounted for or, quite understandably, were of unknown address.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2007, in the Šimšić case, the Appellate Panel of the Court of Bosnia and Herzegovina stated:
The Court found no grounds for the Defence assertion that … rapes were not accepted as crimes against humanity pursuant to customary international law. To wit, the Court notes that the stated actions are indisputably criminal offences which at the time of war acquire the characteristics and the meaning of war crimes … 
Furthermore, the prohibition of rape and [serious sexual assault] during armed conflicts has become a part of customary international law. It gradually emerged from the explicit prohibition of rape referred to in Article 44 of the Lieber Code and the general provisions referred to in Article 4[6] of the [1907 Hague Regulations], which should be interpreted together with the “Martens clause” which is stated in the Preamble of the [referred regulations]. Although the Nuremberg [Tribunal] did not conduct separate criminal prosecutions for rape and sexual assault, rape has been qualified as crime against humanity pursuant to Article II (1) (c) of [Control Council Law No. 10].
The [International Military Tribunal at Tokyo] convicted [Japanese] generals … based on their command responsibility for violations of the laws and customs of war which had been committed by their soldiers in Nanking, which included mass scale rape and sexual assault. The former Japanese Minister of Foreign Affairs … was also convicted of such crimes.
This decision, as well as the decision of the [US Military Commission] in the Yamashita case, in addition to …the fundamental prohibition of “[outrages upon] personal dignity” in common Article [3] [which] has become part of customary international law, have contributed to the development of universally accepted norms of international law which prohibit rape and [serious] sexual assault. These norms are applicable to any armed conflict.
In addition, no international human rights instrument explicitly prohibits rape and other [serious] sexual [assaults] and yet these criminal offences are implicitly prohibited by the provisions protecting the [physical] integrity which [are contained in] all relevant international treaties. The right to physical integrity is a fundamental right which is reflected in national [legislation] and therefore it undoubtedly constitutes part of customary international law.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2007, in the Janković case, the Appellate Panel of the Court of Bosnia and Herzegovina stated with regard to the crime against humanity of rape: “The criminal offence of rape requires the element of sexual penetration to be proven”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

China

In its judgment in the Takashi Sakai case in 1946, the War Crimes Military Tribunal of the Chinese Ministry of National Defence found the accused guilty of war crimes and crimes against humanity inasmuch as he had incited or permitted his subordinates to commit, inter alia, acts of rape.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Colombia

In 1995, Colombia’s Constitutional Court held that the prohibitions contained in Article 4(2) of the 1977 Additional Protocol II practically reproduced specific constitutional provisions.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated: 
Taking into account … the development of customary international humanitarian law applicable in internal armed conflicts, the Constitutional Court notes that the fundamental guarantees stemming from the principle of humanity, some of which have attained ius cogens status, … [include] the prohibition of gender violence, sexual violence, enforced prostitution and indecent assault.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  [footnote in original omitted]

Germany

In 2010, the Federal Prosecutor General at Germany’s Federal Court of Justice published the following statement, entitled Charges against Two Alleged Leading Officials of the “Democratic Forces for the Liberation of Rwanda” (FDLR):
On 8 December 2010, the Federal Prosecutor General brought charges before the Senate on State Protection of the Higher Regional Court Stuttgart against: 

- the 47-year-old Rwandese national Dr. Ignace M. and

- the 49-year-old Rwandese national Straton M.

for crimes against humanity and war crimes …
In the charges, which have now been delivered and which are the first ones brought under the International Crimes Code, essentially the following facts are set out:
The … [Democratic Forces for the Liberation of Rwanda (FDLR)] … is a rebel group mainly comprised of members of the ethnic Hutu group and was originally founded by individuals responsible for the genocide of the Tutsi who had fled from Rwanda in 1994. Its operational base is in the Eastern Democratic Republic of Congo [DRC]. …

The accused Dr. Ignace M. has been president of the FDLR since December 2001. The accused Straton M. has been its first vice president since June 2004. Until their arrest in Germany on 17 November 2009, both accused steered the FDLR’s conduct, strategies and tactics from Germany together with Calixte M., who is residing in France and who has since been detained by the International Criminal Court in The Hague. Thus, they could have prevented the systematic commission of violent acts against the civilian population by the FDLR’s militiamen, which were part of the organisation’s strategy. Specifically, the accused are responsible for 26 crimes against humanity and 39 war crimes, which the militiamen under their control committed in the Democratic Republic of Congo between January 2009 and 17 November 2009. These crimes inter alia include … the rape of numerous women.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

United States of America

In its judgment in the John Schultz case in 1952, the US Court of Military Appeals listed rape as a “crime universally recognized as properly punishable under the law of war”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In the civil action brought against Radovan Karadžić in the United States in 1995, a US Court of Appeals held that rape committed in the course of hostilities violated the laws of war and was a war crime.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In its memorandum opinion concerning the admissibility of the claim in the Comfort Women case in 2001, the US District Court of Columbia stated: “Japan’s use of its war-time military to impose ‘a premeditated master plan’ of sexual slavery upon the women of occupied Asian countries might be characterized properly as a war crime or a crime against humanity.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

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VI. Other National Practice

Australia

In response to a report by the Australian Joint Standing Committee on Foreign Affairs, Defence and Trade, which recommended that the Australian government establish a mechanism for investigating and identifying those responsible for serious crimes, including rape, committed in the former Yugoslavia, the Australian government replied that this mechanism was already in place subsequent to the enactment of the International War Crimes Tribunal Act of 1995.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2009, in a statement before the UN Human Rights Council, the permanent representative of Australia stated: 
The recent mass rape of around 500 women, children and men in eastern DRC [Democratic Republic of the Congo] is of deep concern to Australia. Sexual violence is being used as a weapon of war. All parties to the conflict have a responsibility to prevent such attacks.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2010, in a statement before the UN Human Rights Council on the Democratic Republic of the Congo (DRC), the representative of Australia stated: “Australia shares the Experts’ alarm over levels of violence perpetrated against women in the DRC, in particular rape, gang rape and sexual slavery”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2010, in a statement before the UN Human Rights Council Periodic Review on Kenya, the representative of Australia stated: “We are concerned that children continue to be subject to sexual violence”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Belgium

In 2007, during a debate in the UN Security Council on the protection of civilians in armed conflict, the representative of Belgium stated:
… Belgium attaches particular importance to the fight against violence, especially sexual violence against women and minor children. We have noted how such acts of violence become true instruments of war in a number of conflict situations. It is imperative not only to eradicate such practices but also to prevent them.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2007, during a debate in the UN Security Council on the protection of civilians in armed conflict, the representative of Belgium stated: “The growing scourge of sexual violence, in particular in situations of armed conflict … is particularly repugnant when used as a weapon of war.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Chad

In 2007, in its initial report to the Committee against Torture, Chad stated:
Harmful traditional practices and the lessons drawn from the torture practised by President Habré’s political police, which spared no organ of the human body, were the inspiration for the promulgation of Act No. 6/PR/2002 of 15 April 2002 on the promotion of reproductive health, article 9 of which states that: 

All persons have the right not to be subjected to torture and to cruel, inhuman and degrading treatment of their body in general and of their reproductive organs in particular. All forms of violence such as female genital mutilation (FGM), early marriage, domestic violence and sexual abuse of a human being are prohibited.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

China

At the 2006 Session of the UN Special Committee on Peacekeeping Operations, China stated:
The scandals in peacekeeping procurement and cases of sexual exploitation and sexual abuse involving peacekeepers that have come to light in recent years not only greatly damaged the overall image of UN peacekeeping operation, but also revealed gross deficiencies in the internal management of the UN. The Secretariat, senior management in particular, should draw lessons therefrom. It is necessary not only to strictly discipline persons responsible, but also to carry out reform at the system level with a view to improving management so as to ensure the proper ethics and behavior of peacekeepers, address such incidents appropriately and prevent them from recurrence.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Côte d’Ivoire

In 2010, in its combined initial to third periodic reports to the Committee on the Elimination of Discrimination against Women, Côte d’Ivoire stated:
Acts of discrimination occurring as a result of social and political crises
72. Social and political crises, in particular the one in 2002, have exacerbated violence against women, in particular sexual violence. This violence is perpetrated by armed groups, who use it as [a] weapon of war.

Situation of displaced, migrant or refugee women
548. The war has led to numerous acts of sexual violence, psychological trauma and lasting physical injuries.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Democratic Republic of the Congo

In 2005, in its third periodic report to the Human Rights Committee, the Democratic Republic of the Congo stated:
88. Mass rape in the east of the Democratic Republic of the Congo during the war has led to increased awareness in the country.
89. In the context of prevention of and efforts to combat violence against women, information and awareness campaigns are conducted by public institutions and non-governmental organizations for the public and officials in judicial institutions. Thus, the Government, through the Ministries of Human Rights and Social Affairs, Status of Women and the Family, organized a national human rights conference in 2001 and a women’s forum in 2003. In coordination with civil society organizations it launched a national campaign against sexual violence against women and is involved in efforts to combat such violence (Ministry of Social Affairs, Status of Women and the Family, national report of the Democratic Republic of the Congo on review and implementation of the Beijing Platform for Action +10, Kinshasa, February 2004, pp. 5 and 11).
90. Since 2003 the Ministries of Social Affairs, Status of Women and the Family, and of Justice and Human Rights, have taken part in the initiative on efforts to combat rape and violence against women. In this connection the Ministry of Justice organizes retraining throughout the country for judges, supplemented by seminars by non-governmental organizations in the justice sector, with specific pedagogical support.
91. After a lengthy period of inactivity, owing to the protracted war, which lasted from 1998 to 2003, legal proceedings are being undertaken in various parts of the country (e.g. at Kalemie, March 2004, against police officers).https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Djibouti

In 2010, in the History and Geography Textbook for 8th Grade, Djibouti’s Ministry of National Education and Higher Education, under the heading “Basic rules of IHL” and in a section on “Treatment”, stated: “Sexual violence is prohibited.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2011, in the History and Geography Textbook for 9th Grade, Djibouti’s Ministry of National Education and Vocational Training, under the heading “[O]ffences related to violations of humanitarian law”, listed “[r]ape, sexual slavery, enforced prostitution, forced pregnancy or all other forms of sexual violence”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

France

In 2008, the Minister of Foreign and European Affairs of France stated:
[The UN Security Council] Working Group [on Children and Armed Conflict] … considers and formulates recommendations concerning … grave violations of children’s rights, including sexual violence. During a visit to the Democratic Republic of the Congo last month, I was able to see on the ground the seriousness and extent of the widespread, systematic and premeditated use of sexual crime as an instrument of war. That barbarity concerns us all. There, too, our failure to act would be reprehensible. I welcome the fact that the Constitution of the Democratic Republic of the Congo recognizes this as the most serious crime. 
The Council’s Working Group must absolutely strengthen its action on this question. In its recommendations it must demand that the belligerents draw up action plans to combat sexual violence and follow through on their implementation. 
Some might find it paradoxical that we ask the belligerents themselves to combat these crimes, but it is essential. At the same time, the military leadership must bear this in mind. It may be a paradox, it may even seem immoral, but it is effective. 
The Working Group should strengthen its efforts to combat impunity by relentlessly demanding the arrest of those responsible for rape and call on Governments to act in this regard.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

In 2009, the Minister of Foreign and European Affairs of France, in a statement calling for the respect of international humanitarian law, which provided examples of serious violations that had recently occurred in several armed conflicts around the world, stated: 
Children, some less than 10 years old, are enlisted … as sex slaves.
In various conflicts, rape is increasingly being used in a systematic, planned and large-scale manner; in short, it is used as a genuine weapon of war, whether in the Kivus or in Sudan, with almost total impunity. In the Democratic Republic of Congo, a woman is raped every 30 minutes; 30,000 were raped in the Kivus in the first half of 2007. https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Germany

In 1991, three political parties in the German parliament tabled a resolution that referred to rape as a crime in the context of the Sudanese civil war.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In 1992, in a written reply to questions in parliament concerning the systematic rape of Muslim women and girls by Serb forces in Bosnia and Herzegovina, the German government stated that it had made “vigorous and repeated representations to the ‘Yugoslav’ government, both bilaterally and within the framework of the European Community, in connection with these rapes and other grave human rights violations”. It reaffirmed that rape was “already prohibited in armed conflict and deemed a war crime under the existing provisions of international humanitarian law” and cited Article 27 of the 1949 Geneva Convention IV and Article 4(2)(e) of the 1977 Additional Protocol II in support of its position. The government further stated: “Should the reports of systematic mass rape of predominantly Muslim women and girls be confirmed, this would, moreover, meet the statutory definition for systematic harm to an ethnical group within the meaning of the 1948 Genocide Convention.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2004, during a debate in the UN Security Council, the representative of Germany stated:
Unfortunately, the list of countries in conflict having a history of gender-based atrocities is long and includes countries from all continents, including Haiti, Afghanistan, Iraq, Myanmar, the former Yugoslavia, the Democratic Republic of the Congo and others. The fact that women account for the vast majority of victims of conflicts and are still significantly underrepresented at all levels of decision-making indicates that we need tools and instruments that promote our common vision as expressed in Security Council resolution 1325 (2000).
The continuing extreme violence against women and girls in the Darfur region is a case in point …

… Given the scope of gender-based discrimination, including violence, we need to ensure that all substantive units of a peacekeeping operation, starting with the United Nations assessment team, include specialists with gender expertise … That also requires that the United Nations continue to train its personnel, including at the level of the Special Representative of the Secretary-General, and that Member States invest more in gender training of potential peacekeeping staff. The German Government has made the latter a political priority in its endeavours. We strongly believe in the need for accountability for wartime violence against women, and in the necessity to end impunity … The International Criminal Court (ICC) certainly has a key role to play with regard to the investigation and prosecution of gender-based crimes. However, its efforts must be supplemented by national legal mechanisms.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2004, during a debate in the UN Security Council, the representative of Germany stated:
On this occasion, Germany would like to propose three points that we deem to be of crucial importance concerning areas where the need for progress is urgent … We propose the following.
First, let us put an end to impunity …
My second point is that we should better address the issue of humanitarian access …
Thirdly, we must stop the recent trend of using sexual violence as a weapon of conflict. The importance of reversing the escalating cycle of violence against women and children during and after conflict cannot be overstated. Women and children – be they civilians or female or child soldiers – are among the most vulnerable groups in times of conflict. Women are increasingly subject to cruel, degrading and often lethal treatment in times of conflict. Children suffer most and have the fewest defences in conflict situations if they are separated from or deprived of their parents, and their ability to cope with a quickly changing environment is very limited.

Women and children are also, to an unprecedented extent, victims of atrocious sexual violence. Worse still, sexual or gender violence is intentionally and systematically used as a weapon of warfare. We must undertake special efforts to study that phenomenon as diligently as possible to come to a swift determination on how to stop that practice. In its report, the High-level Panel proposes giving human rights components of peacekeeping operations explicit mandates and sufficient resources for investigating and reporting human rights violations against women. The Panel also proposes that the recommendations of Council resolution 1325 (2000) on women, peace and security and of the associated Independent Experts’ Assessment for the protection of women be fully implemented. The German delegation fully concurs with those proposals.
Let me end my remarks by reiterating our position: we believe that a new resolution on the protection of civilians would be a feasible option for the Council. I say that, bearing in mind that many of the points raised by the excellent Security Council resolutions 1265 (1999) and 1296 (2000) still await implementation. However, we believe that the changing character of conflict and the development of new threats, new institutions and new tools to engage more effectively in assistance should be reflected in an operational text adopted by the Council.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2005, in its Seventh Human Rights Policy Report, Germany’s Federal Government reported to the Bundestag (Lower House of Parliament):
3. Priorities of the German human rights policy 2005–2006

3.7 Preventing violence against women
The Federal Government still attributes highest political importance to fighting violence against women. It therefore will

- contribute to respect for international humanitarian law and to the human rights of women and girls in armed conflicts;

- demand criminal law prosecution of sexual and other violence against women in conflicts.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2010, in its report on German cooperation with the UN and other international organizations and institutions within the UN system in 2008 and 2009 submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated:
The implementation of [UN] Security Council resolutions 1325 and 1820 is a key aspect of the Federal Government’s current Development Policy Plan on Gender. Within the framework of the Action Plan II on the Suppression of Violence against Women adopted by the Federal Government in September 2007, measures are also taken to protect women and girls from gender-specific violence, in particular rape and other forms of sexual abuse as well as violence in situations of armed conflict.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2010, in its report on German human rights policy in the context of foreign relations and other policy areas in the period between 1 March 2008 and 28 February 2010, which was submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated: 
On 19 July 2008 the UN Security Council adopted Resolution 1820 (S/RES/1820). This resolution is a milestone in the international fight for the elimination of violence against women because for the first time, it classifies the use of sexual violence as a means of warfare in times of armed conflict as a war crime. The Federal Government explicitly welcomes this step.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Greece

In 2006, during a UN Security Council meeting on protection of civilians in armed conflict, the Permanent Representative of Greece stated: “[U]nchallenged use of sexual violence against women … can not be tolerated and should come to a halt.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Mexico

In 2009, during a debate in the UN Security Council on children and armed conflict, the permanent representative of Mexico stated: “We condemn all acts that jeopardize the integrity of children, such as … rape and other sexual violence, which affects girls in particular”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Netherlands

In a letter to parliament in 1993, the Minister of Foreign Affairs of the Netherlands condemned the maltreatment and rape of women in the former Yugoslavia.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Norway

In 2009, in a White Paper on “Climate, Conflict and Capital”, Norway’s Ministry of Foreign Affairs stated:
Women and children are particularly severely affected when abuse is systematically used as a weapon of war and armed conflicts. Women and girls are often subjected to brutal violence. Sexual violence as a strategy of war increases the level of conflict and prevents women from taking part in the reconciliation process. The association of masculinity with dominant behaviour and aggression means that boys are easily recruited to armed groups, and can also increase the brutality in the abuse of women and girls. UN Security Council resolution 1820 recognises the extent and seriousness of the use of rape as a weapon in armed conflicts. The importance of ensuring that girls’ and women’s needs and interests are met in armed conflicts and humanitarian crises is also underlined in UN Security Council resolution 1325.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2009, in a statement before the UN Security Council on “Protecting Women and Girls in Armed Conflict”, Norway’s Permanent Representative stated:
Norway would like to take this opportunity to focus on two main issues, namely the need for increased respect for International Humanitarian Law, and the need to effectively combat sexual violence and rape in armed conflict.

Women and children are often forced to bear the heaviest burden when it comes to the consequences of armed conflict. Sexual violence and rape occurs every single day in armed conflicts and has tragic consequences, not only for the individual but for the whole community. Sexual violence leaves lasting scars for many generations to come making peace-building extremely difficult. It is crucial that these acts are not viewed as separate individual crimes. In many cases they are calculated tactics of war and should be treated as such. Crimes of rape and sexual violence in armed conflict must be placed higher on the international agenda. The systematic use of rape has rightly been recognized as a crime of war both by this Council and the International Criminal Court. 

Norway would also like to see the Security Council make use of the most effective measures at its disposal, including targeted sanctions, to make it clear that sexual violence is unacceptable, and that perpetrators will be held accountable. It is unacceptable that impunity for these extremely severe crimes seems to be the rule, not the exception. Norway supports the referral of such crimes to the International Criminal Court and to consider sanctions against member states as well as non-state actors that perpetrate these acts of crime. As Member States it is also our obligation to ensure that violators are brought to justice.

… Combating impunity and holding perpetrators accountable is [the] key to protecting civilians in armed conflict and ending sexual violence.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2010, in a statement at the Oslo Conference on Armed Violence, Norway’s Minister of Foreign Affairs stated: “Women need protection against rape used as a tactic of war, as much as they need protection against forms of violence used in the context of crime.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

In 2010, in a statement before the UN Security Council on the “Protection of Civilians in Armed Conflict”, Norway’s Counsellor at its Permanent Mission to the UN stated:
It is of particular concern that women continue to be targets of sexual violence in conflict, and in particular in the Democratic Republic of the Congo. Our top priority must be to end the vicious cycle of impunity. We must provide justice for survivors, punishment for perpetrators and effective deterrence for the future. For war-affected women, justice delayed is more than justice denied – it is terror continued.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2010, in a statement before the Sixth Committee of the UN General Assembly on the “Rule of Law”, Norway’s Counsellor at its Permanent Mission to the UN stated:
Over the last years, Norway has increased efforts to strengthen the protection of civilians, especially women and children, against the atrocities of war, with particular focus on the sexual violence that has been perpetrated in connection with the conflict in the Democratic Republic of the Congo. Sexual violence constitutes one of the most serious contemporary international crimes. The consequences are dramatic not only for the victims, but also for their families and affected communities.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Philippines

In 1995, the Commission on Human Rights of the Philippines proposed that rape and sexual violence in situations of conflict be recognized as war crimes.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Serbia and Montenegro

In its oral pleadings before the ICJ in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro) in 2006, Serbia and Montenegro stated:
2. Before I begin my analysis of the facts relating to the rapes committed in Bosnia and Herzegovina during the civil war at the end of the twentieth century, I must say that, regardless of the legal characterization of the offence – rape as a common law crime, rape as a war crime, rape as a crime against humanity, rape as an element of genocide – rape is first and foremost rape, an obnoxious crime, …

33. Some cases of rape in Bosnia were tried by the Tribunal for the former Yugoslavia as war crimes and crimes against humanity, a fact which we once again have no intention of denying. However, neither a rape that is a common law crime, nor a rape that is a war crime, nor again a rape that is a crime against humanity, is consistent with the definition of genocide.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Somalia

In 1998, an ICRC publication entitled “Spared from the Spear” recorded traditional Somali practice in warfare as follows:
[T]he practice of raping women or subjecting them to any other indignity, be it in war-time or in peace-time, was something alien to Somali culture. Since every woman was regarded as either a “daughter” or a potential spouse or a potential mother-in-law, she could not be treated except with respect, care and kindness. If, however, it happened at all that an immoral criminal violated a woman’s dignity by raping her, there were strict customary laws that were invoked and agreed ways of redressing the damage.

There was general consensus among Somalis that women should not be abused during a conflict and that their dignity should not be assailed. In fact, the incidence of such acts as rape in the context of conflict [was] quite rare in traditional Somali society, if they took place at all.

[A]n act of rape was compensated for in the following manner, depending on the category of the victim:

1. A girl of pre-adolescent age (under 15 years) was compensated for with 15 she-camels.

2. A maiden, betrothed to a man, but not wedded yet: 15 she-camels.

3. A woman whose husband had died and who still wore the mourning dress: 15 she-camels.

4. An elderly woman, enfeebled by her years: 15 she-camels.

5. A woman who nursed a baby boy: 50 camels.

6. A maiden of marriageable age who, nonetheless, was neither married nor betrothed to anyone was to be compulsorily married to her assailant with payment of the full bride price she would have normally fetched. If he refused to do so, then he was obligated to pay her full blood compensation, amounting to 50 camels.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In times of hostilities, the Biri-Ma-Geydo (Spared from the Spear), i.e. Somalia’s own “Geneva Conventions”[,] which existed long before the adoption of the Hague and Geneva Conventions, mitigated and regulated the conduct of clan hostilities and the treatment of immune groups.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2011, in its report to the Human Rights Council, Somalia stated:
Somalia has not ratified AP II [1977 Additional Protocol II] and it is therefore not directly applicable to Somalia as a matter of treaty law. The Government is aware that many provisions of AP II represent customary IHL rules and therefore apply to the situation in Somalia. Such provisions include Article 4 providing guarantees to persons taking no active part in hostilities … due to the fact that these norms are reflected in Common Article 3 of the [1949] Geneva Conventions.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

Sri Lanka

In 2008, in its initial report to the Committee on the Rights of the Child under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, Sri Lanka stated:
83. In accordance with resolution 1612 and Section VI, paragraph 2 of the Terms of Reference of the Working Group o[f] the [UN] Security Council on children and armed conflict, the TFMR [Task Force for Monitoring and Reporting] will focus on violations against children affected by armed conflict …
84. … [V]iolations and abuses committed against children affected by armed conflict including … rape and other grave sexual violence against children … will … be addressed.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2008, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Sri Lanka stated: “Several amendments were made to the Penal Code by Amendment Act No. 16 of 2006 to bring offences against children, in particular sexual offences, in line with international norms and standards.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

United Kingdom of Great Britain and Northern Ireland

In 1993, during a debate in the House of Lords in 1993, the UK Minister of State, Foreign and Commonwealth Office, stated: “Rape probably already comes within the definition of a war crime.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In 1994, in a briefing note on Britain’s peacemaking role in the former Yugoslavia, the UK Minister of State, Foreign and Commonwealth Office, in reply to the question as to whether he considered rape as a war crime, stated:
In international armed conflicts, a war crime can be defined as any serious violation of the laws and customs of war, including grave breaches of the 1949 Geneva Conventions. Article 27 of the Fourth Geneva Convention specifically prohibits rape; and Article 3, which applies to non-international armed conflicts and which is common to all four Conventions, refers to “outrages upon personal dignity, in particular humiliating and degrading treatment”. This would clearly include rape.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2003, in reply to a written question in the House of Lords, the UK Minister of State, Foreign and Commonwealth Office, wrote:
The Government deplore the war crimes committed during the Balkans conflict in the early 1990s, including the rape of women and girls in Bosnia.
We are sympathetic to any proposal to improve the situation of the victims of these crimes, but it is not clear that awarding civilian war victim status would be the most effective means of ensuring support for these women. What is required is recognition of their suffering as victims of rape, conviction of the perpetrators and provision of appropriate support for these women and their children.
Through the work of the Department for International Development, and support for UNICEF and local NGOs, the Government support projects to raise awareness of rape as a war crime. We strongly support the work of the International Criminal Tribunal for former Yugoslavia, which is tasked with bringing to trial those suspected of war crimes and crimes against humanity during the Balkans conflict, including rape. It has convicted a number of individuals of this crime. With our partners in the EU, we apply concerted pressure to all governments in the region for greater co-operation with ICTY, particularly in the handover and prosecution of indictees.
The best way to secure financial support for these women and their children is through successful convictions in the Bosnian courts, which can award compensation to the victims of rape. Together with our EU partners, we are working hard to strengthen the capacity of the Bosnian judicial system, so that it can prosecute the perpetrators of these crimes more effectively and efficiently, and provide sustainable support to the victims.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

The UK Government Strategy on the Protection of Civilians in Armed Conflict (2010) states: “IHL requires parties to a conflict to respect and protect civilians. … [C]ivilians must not be … subjected to acts of violence such as … forms of ill-treatment (including sexual violence)”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2010, in its closing submissions to the public inquiry into the circumstances surrounding the death of Baha Mousa and the treatment of those detained with him by UK armed forces in Iraq in 2003, the UK Ministry of Defence stated regarding common Article 3 of the 1949 Geneva Conventions: “On its face this protection is restricted to armed conflicts not of an international character. However, it is understood to apply in all forms of armed conflict as part of customary international law to set out the irreducible minimum standard.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

United States of America

In 1987, the Deputy Legal Adviser of the US Department of State affirmed: “We support the principle that … women be protected against rape and indecent assault.”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In 1992, in reports submitted pursuant to paragraph 5 of UN Security Council Resolution 771 (1992) on grave breaches of the 1949 Geneva Convention IV committed in the former Yugoslavia, the United States described acts of sexual violence and rape perpetrated by the parties to the conflict.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In 1992, in its final report on the conduct of the Gulf War, the US Department of Defense listed some specific Iraqi war crimes, in particular “inhumane treatment of Kuwaiti and third country civilians, to include rape”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In 1998, in response to the situation in Kosovo, but also referring to the other conflicts in the former Yugoslavia, the US Congress adopted a resolution by unanimous consent stating:
Whereas there is reason to believe that as President of the Federal Republic of Yugoslavia (Serbia and Montenegro), Slobodan Miloševic was responsible for the conception and direction of a war of aggression … and that mass rape and forced impregnation were among the tools used to wage this war … it is the sense of Congress that … the United States should publicly declare that it considers that there is reason to believe that Slobodan Miloševic, President of the Federal Republic of Yugoslavia (Serbia and Montenegro), has committed war crimes, crimes against humanity and genocide.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a concurrent resolution adopted in 2000, the US Congress expressed its sense concerning the war crimes committed by the Japanese military during the Second World War, in particular the rape of civilian women on the island of Guam and in Nanjing.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
According to the Report on US Practice, “Articles 4, 5 and 6 [of the 1977 Additional Protocol II] reflect general US policy on treatment of persons in the power of an adverse party in armed conflicts governed by common Article 3” of the 1949 Geneva Conventions. The report also notes: “It is the opinio juris of the US that persons detained in connection with an internal armed conflict are entitled to humane treatment as specified in Articles 4, 5 and 6 [of the 1977 Additional Protocol II].”https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In June 2008, in a letter to the UN Secretary-General on the subject of “Women and Peace and Security: Sexual Violence in Situations of Armed Conflict”, the permanent representative of the United States stated:
Since the adoption of Security Council resolution 1325 (2000) on women and peace and security, progress towards achieving its major goals has been slow and uneven. …
One important aspect of resolution 1325 (2000) which demands urgent attention by the international community is the call for all parties to armed conflict to take special measures to protect women and girls from rape and other forms of sexual abuse, and its emphasis on the need to end impunity for war crimes, including those relating to sexual and other violence against women and girls.

Rape is clearly defined as a war crime in international humanitarian law. The statute of the International Tribunal for the former Yugoslavia, which the Security Council adopted by its resolution 827 (1993), gives the Tribunal the power to prosecute persons responsible for rape when committed in armed conflict, whether international or internal in character, and directed against any civilian population.
In the fifteen years since the establishment of the criminal tribunals for the former Yugoslavia and Rwanda, the problem of widespread, organized and systematic rape has continued and, if anything, has become more severe. In the eight years since the Council adopted resolution 1325 (2000) on women and peace and security, sexual violence as a weapon of war has been perpetrated with almost universal impunity. Even though rape and sexual violence in situations of armed conflict are underreported by women victims, who often are ashamed to come forward and suffer public humiliation or rejection and may well doubt they will find adequate recourse to justice, United Nations sources on the ground have reported thousands of women who have sought medical help for the grievous wounds that have been inflicted upon them in the course of being raped by gangs of soldiers and other armed men. These injuries are so severe that in some cases victims are hospitalized for over a year. Thousands of women and girls, and their children, have been abandoned by their families and ostracized by their villages after surviving rape. For example, according to Under-Secretary-General for Humanitarian Affairs John Holmes, more than 32,000 cases of rape and other forms of sexual violence have been registered in the Democratic Republic of the Congo’s province of South Kivu alone.
The recent reporting on women affected by sexual violence in situations of armed conflict reveals a grave situation that requires a practical response from the international community. During the United States Presidency of the Security Council, Secretary of State Condoleezza Rice will chair a thematic debate at the ministerial level for members of the Council on sexual violence in situations of armed conflict, as part of the Council’s follow-up to resolution 1325 (2000).https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

Yugoslavia, Federal Republic of

In an exceptional report submitted to the Committee on the Elimination of Discrimination Against Women (CEDAW) in 1993, the Federal Republic of Yugoslavia reported its position that abuses of women in war zones were crimes contrary to IHL and apologized for an earlier statement which might have given the false impression that rape was considered normal behaviour in times of war.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

VII. United Nations

 

UN Security Council

In a resolution adopted in 1992, the UN Security Council stated that it was “appalled by reports of massive, organized and systematic detention and rape of women, in particular Muslim women, in Bosnia and Herzegovina” and strongly condemned “these acts of unspeakable brutality”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a resolution adopted in 1993 in the context of the conflict in Bosnia and Herzegovina, the UN Security Council stated that it condemned “massive, organized and systematic detention and rape of women”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a resolution adopted in 1993, the UN Security Council expressed grave alarm at the widespread and flagrant violations of IHL occurring within the territory of the former Yugoslavia, especially Bosnia and Herzegovina, including “reports of massive, organized and systematic rape of women”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a resolution adopted in 1995 on the situation in Bosnia and Herzegovina, the UN Security Council stated that rape was a “grave violation of international humanitarian law”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a resolution adopted in 1995, the UN Security Council expressed grave concern and condemned in the strongest possible terms the violations of IHL and human rights in Bosnia and Herzegovina, including “evidence of a consistent pattern of rape”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a resolution adopted in 1999 on children in armed conflicts, the UN Security Council urged all parties to armed conflicts “to take special measures to protect children, in particular girls, from rape and other forms of sexual abuse and gender-based violence in situations of armed conflict”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a resolution adopted in 2000 on women and peace and security, the UN Security Council called on “all parties to armed conflict to take special measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence in situations of armed conflict”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2003 on children in armed conflict, the UN Security Council:
Notes with concern all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crisis, including those cases involving humanitarian workers and peacekeepers, and requests contributing countries to incorporate the Six Core Principles of the Inter-Agency Standing Committee on Emergencies into pertinent codes of conduct for peacekeeping personnel and to develop appropriate disciplinary and accountability mechanisms.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2003 on the situation concerning the Democratic Republic of the Congo, the UN Security Council:
Condemns the massacres and other systematic violations of International Humanitarian Law and human rights perpetrated in the Democratic Republic of the Congo, in particular sexual violence against women and girls as a tool of warfare and atrocities perpetrated in the Ituri area by the Mouvement de Libération du Congo (MLC) and the Rassemblement Congolais pour la Démocratie/National (RCD/N) troops, as well as the acts of violence recently perpetrated by the Union des Patriotes Congolais (UPC) forces, and reiterates that there will be no impunity for such acts and that the perpetrators will be held accountable.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

In a resolution adopted in 2003 on the situation concerning the Democratic Republic of the Congo, the UN Security Council:
8. Strongly condemns the acts of violence systematically perpetrated against civilians, including the massacres, as well as other atrocities and violations of international humanitarian law and human rights, in particular, sexual violence against women and girls,stresses the need to bring to justice those responsible, including those at the command level, and urges all parties, including the Government of the Democratic Republic of the Congo, to take all necessary steps to prevent further violations of human rights and international humanitarian law, in particular those committed against civilians;
9. Reaffirms the importance of a gender perspective in peacekeeping operations in accordance with resolution 1325 (2000), recalls the need to address violence against women and girls as a tool of warfare, and in this respect encourages MONUC to continue to actively address this issue.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

UN Security Council

In a resolution adopted in 2003 relating to the situation in Liberia, the UN Security Council deplored “all violations of human rights, particularly atrocities against civilian populations, including widespread sexual violence against women and children”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

UN Security Council

In a resolution adopted in 2004 on children and armed conflict, the UN Security Council: 
1. Strongly condemns … rape and other sexual violence mostly committed against girls, …

10. Notes with concern all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crisis, including those cases involving humanitarian workers and peacekeepers, [and] requests contributing countries to incorporate the Six Core Principles of the Inter-Agency Standing Committee on Emergencies into pertinent codes of conduct for peacekeeping personnel and to develop appropriate disciplinary and accountability mechanisms.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2004 on the Sudan, the UN Security Council condemned “all acts of violence and violations of human rights and international humanitarian law by all parties to the crisis, in particular by the Janjaweed, including … rapes”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2004 on the situation concerning the Democratic Republic of the Congo, the UN Security Council: 
Expresses grave concern at the allegations of sexual exploitation and misconduct by civilian and military personnel of MONUC,requests the Secretary-General to continue to fully investigate these allegations to take the appropriate action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, further encourages MONUC to conduct training for personnel targeted to ensure full compliance with its code of conduct regarding sexual misconduct, and urges troop-contributing countries to take appropriate disciplinary and other action to ensure full accountability in cases of such misconduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the Sudan, the UN Security Council:
Strongly condemning all violations of human rights and international humanitarian law in the Darfur region, in particular the continuation of violence against civilians and sexual violence against women and girls since the adoption of resolution 1574 (2004), urging all parties to take necessary steps to prevent further violations, and expressing its determination to ensure that those responsible for all such violations are identified and brought to justice without delay,
Recalling the demands in resolutions 1556 (2004), 1564 (2004), and 1574 (2004), that all parties to the conflict in Darfur refrain from any violence against civilians and cooperate fully with the African Union Mission in Darfur, 
… 
Expressing grave concern at the allegations of sexual exploitation and misconduct by United Nations personnel in United Nations established operations, and welcoming the Secretary-General’s 9 February 2005 letter to the Council in this regard, affirming there will be a zero-tolerance policy of sexual exploitation and abuse of any kind in all United Nations peacekeeping missions,
… 
14. Requests the Secretary-General to take the necessary measures to achieve actual compliance in UNMIS with the United Nations zero-tolerance policy on sexual exploitation and abuse, including the development of strategies and appropriate mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and the enhancement of training for personnel to prevent misconduct and ensure full compliance with the United Nations code of conduct, requests the Secretary-General to take all necessary action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel;
15. Reaffirms the importance of appropriate expertise on issues relating to gender in peacekeeping operations and post-conflict peacebuilding in accordance with resolution 1325 (2000), recalls the need to address violence against women and girls as a tool of warfare, and encourages UNMIS as well as the Sudanese parties to actively address these issues.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the Sudan, the UN Security Council: 
Strongly condemning all violations of human rights and international humanitarian law in the Darfur region, in particular the continuation of violence against civilians and sexual violence against women and girls since the adoption of resolution 1574 (2004), urging all parties to take necessary steps to prevent further violations, and expressing its determination to ensure that those responsible for all such violations are identified and brought to justice without delay.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the situation concerning the Democratic Republic of the Congo, the UN Security Council:
Recalling that all the parties bear responsibility for ensuring security with respect to civilian populations, in particular women, children and other vulnerable persons, and expressing concern at the continuing levels of sexual violence.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by UNIFIL to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the situation in Georgia, the UN Security Council:
Welcomes the efforts being undertaken by UNOMIG to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the situation between Eritrea and Ethiopia, the UN Security Council:
Requests the Secretary-General to take the necessary measures to achieve actual compliance in UNMEE with the United Nations zero-tolerance policy on sexual exploitation and abuse, including the development of strategies and appropriate mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and the enhancement of training for personnel to prevent misconduct and ensure full compliance with the United Nations code of conduct, requests the Secretary-General to take all necessary action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the situation in Liberia, the UN Security Council:
Welcomes the efforts undertaken by UNMIL to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, and requests the Secretary-General to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action, including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure that allegations of sexual exploitation or abuse against their personnel are properly investigated and, if substantiated, punished.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the Sudan, the UN Security Council:
Urges troop-contributing countries carefully to review the Secretary-General’s letter of 24 March 2005 (A/59/710) and to take appropriate action to prevent sexual exploitation and abuse by their personnel in UNMIS, including predeployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such misconduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the situation in the Democratic Republic of the Congo, the UN Security Council:
Welcomes the action taken by MONUC in investigating and dealing with instances of sexual exploitation and abuse and its efforts to put in place preventive measures, requests the Secretary-General to continue to take the necessary measures to achieve actual compliance in MONUC with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action, including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by UNIFIL to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation in Georgia, the UN Security Council:
Welcomes the efforts being undertaken by UNOMIG to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the protection of civilians in armed conflict, the UN Security Council:
5. Reaffirms also its condemnation in the strongest terms of all acts of violence or abuses committed against civilians in situations of armed conflict in violation of applicable international obligations with respect in particular to … (ii) gender-based and sexual violence … and demands that all parties put an end to such practices;

19. Condemns in the strongest terms all sexual and other forms of violence committed against civilians in armed conflict, in particular women and children, and undertakes to ensure that all peace support operations employ all feasible measures to prevent such violence and to address its impact where it takes place;
20. Condemns in equally strong terms all acts of sexual exploitation, abuse and trafficking of women and children by military, police and civilian personnel involved in United Nations operations, welcomes the efforts undertaken by United Nations agencies and peacekeeping operations to implement a zero-tolerance policy in this regard, and requests the Secretary-General and personnel-contributing countries to continue to take all appropriate action necessary to combat these abuses by such personnel, including through the full implementation without delay of those measures adopted in the relevant General Assembly resolutions based upon the recommendations of the report of the Special Committee on Peacekeeping, A/59/19/Rev.1.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation concerning Western Sahara, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to achieve actual compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse, including the development of strategies and appropriate mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and the enhancement of training for personnel to prevent misconduct and ensure full compliance with the United Nations code of conduct, requests the Secretary-General to take all necessary action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation in Cyprus, the UN Security Council:
Welcomes the efforts being undertaken by UNFICYP to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation in Timor-Leste, the UN Security Council:
Requests the Secretary-General to take the necessary measures to achieve actual compliance in UNMIT with the United Nations zero-tolerance policy on sexual exploitation and abuse, including the development of strategies and appropriate mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and the enhancement of training for personnel to prevent misconduct and ensure full compliance with the United Nations code of conduct, requests the Secretary-General to take all necessary action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the Sudan, the UN Security Council reiterated “its strong condemnation of all violations of human rights and international humanitarian law in Darfur” and called upon “the Government of National Unity to take urgent action to tackle gender-based violence in Darfur”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation in Liberia, the UN Security Council:
Welcomes the efforts undertaken by UNMIL to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, and requests the Secretary-General to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action, including the conduct of pre-deployment awareness training, and to take disciplinary and other action to ensure that allegations of sexual exploitation or abuse against their personnel are properly investigated and, if substantiated, punished.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation in Georgia, the UN Security Council:
Welcomes the efforts being undertaken by UNOMIG to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation concerning Western Sahara, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation in Cyprus, the UN Security Council:
Welcomes the efforts being undertaken by UNFICYP to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation in the Middle East, the UN Security Council: 
Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the question concerning Haiti, the UN Security Council:
17. Strongly condemns the grave violations against children affected by armed violence, as well as widespread rape and other sexual abuse of girls;

22. Requests the Secretary-General to continue to take the necessary measures to ensure full compliance of all MINUSTAH personnel with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to ensure that acts involving their personnel are properly investigated and punished.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation in Timor-Leste, the UN Security Council: 
Reaffirming its resolutions 1325 (2000) on women, peace and security and 1502 (2003) on the protection of humanitarian and United Nations personnel,
… 
12. Requests UNMIT fully to take into account gender considerations as set out in Security Council resolution 1325 as a cross-cutting issue throughout its mandate, and further requests the Secretary-General to include in his reporting to the Security Council progress on gender mainstreaming throughout UNMIT and all other aspects relating to the situation of women and girls, especially in relation to the need to protect them from gender-based violence;
13. Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in UNMIT with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges those countries contributing troops and police to take appropriate preventive action and to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation in Georgia, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance of all UNOMIG personnel with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to ensure that acts involving their personnel are properly investigated and punished.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation concerning Western Sahara, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the Sudan, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in UNMIS with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action, including pre-deployment accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation concerning the Democratic Republic of the Congo, the UN Security Council:
Expressing grave concern at the allegations of sexual exploitation and violence by civilian and military personnel of MONUC, taking note of the measures taken by MONUC to address instances of sexual exploitation and abuse and of the zero tolerance policy reiterated by the Secretary General during his recent visit to the Democratic Republic of the Congo, requests the Secretary-General to continue to fully investigate these allegations, to take the appropriate measures set out in the Secretary-General’s bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13), and to keep the Council informed, underlinesthe importance of MONUC conducting training for the personnel concerned in order to ensure full compliance with its Code of Conduct regarding sexual misconduct, and urges troop-contributing countries to take appropriate disciplinary and other action to ensure full accountability in cases of such misconduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation in Cyprus, the UN Security Council:
Welcomes the efforts being undertaken by UNFICYP to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of predeployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the Sudan, the UN Security Council:
Requests the Secretary-General to take the necessary measures to achieve actual compliance in UNAMID with the United Nations zero-tolerance policy on sexual exploitation and abuse, including the development of strategies and appropriate mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and the enhancement of training for personnel to prevent misconduct and ensure full compliance with the United Nations code of conduct, and to further take all necessary action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training and, in the case of forces previously deployed under AU auspices, post-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by UNIFIL to implement the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation in Liberia, the UN Security Council welcomed “UNMIL’s continuing efforts to promote and protect the rights of women” and called on the Liberian authorities to “combat gender-based violence, sexual exploitation and abuse”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation in Haiti, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance of all MINUSTAH personnel with the United Nations zero-tolerance policy on sexual exploitation and abuse, and to keep the Council informed, and urges troop-contributing countries to ensure that acts involving their personnel are properly investigated and punished.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation in Georgia, the UN Security Council:
Welcomes the efforts being undertaken by UNOMIG to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the Western Sahara situation, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the Sudan, the UN Security Council:
Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in UNMIS with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

In a resolution adopted in 2007 on the situation in the Middle East, the UN Security Council:
Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation in Cyprus, the UN Security Council:
Welcomes the efforts being undertaken by UNFICYP to implement the Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation in the Democratic Republic of the Congo, the UN Security Council:
Condemning in particular sexual violence perpetrated by militias and armed groups as well as elements of the FARDC, the PNC and other security and intelligence services, stressing the urgent need for the Government of the Democratic Republic of the Congo, in cooperation with MONUC and other relevant actors, to end such violence and bring the perpetrators, as well as the senior commanders under whom they serve, to justice, and calling on Member States to assist in this regard and to continue to provide medical, humanitarian and other assistance to victims,

15. Reiterates its call upon the Congolese authorities to put an end to impunity, by bringing to justice without delay perpetrators of grave violations of human rights and of international humanitarian law, with special attention to … grave violations against women and children, in particular sexual violence, … 

18. Requests MONUC, in view of the scale and severity of sexual violence committed especially by armed elements in the Democratic Republic of the Congo, to undertake a thorough review of its efforts to prevent and respond to sexual violence, and to pursue a comprehensive mission-wide strategy, in close cooperation with the United Nations Country Team and other partners, to strengthen prevention, protection, and response to sexual violence, including through training for the Congolese security forces in accordance with its mandate, and to regularly report, including in a separate annex if necessary, on actions taken in this regard, including factual data and trend analyses of the problem.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the situation in Sierra Leone, the UN Security Council welcomed “the efforts undertaken by UNIOSIL to implement the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse to ensure full compliance of its personnel with the United Nations code of conduct”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 1998, in a statement by its President on Sierra Leone, the UN Security Council condemned as gross violations of IHL “atrocities against the civilian population, particularly women and children”, including widespread rape.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In 1998, in a statement by its President on children and armed conflict, the UN Security Council strongly condemned the sexual abuse of children.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2004, in a statement by its President on the situation in the Darfur region of Sudan, the UN Security Council expressed its deep concern “at the continuing reports of large-scale violations of human rights and of international humanitarian law in Darfur, including indiscriminate attacks on civilians, sexual violence, forced displacement and acts of violence”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2004, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council strongly condemns the continued acts of gender-based violence in situations of armed conflict. The Council also condemns all violations of the human rights of women and girls in situations of armed conflict and the use of sexual exploitation, violence and abuse. The Council urges the complete cessation by all parties of such acts with immediate effect. The Council stresses the need to end impunity for such acts as part of a comprehensive approach to seeking peace, justice, truth and national reconciliation. The Council welcomes the efforts of the United Nations system to establish and implement strategies and programmes to prevent and report on gender-based violence, and urges the Secretary-General to further his efforts in this regard. The Council requests the Secretary-General to ensure that human rights monitors and members of commissions of inquiry have the necessary expertise and training in gender-based crimes and in the conduct of investigations, including in a culturally sensitive manner favourable to the needs, dignity and rights of the victims. The Council urges all international and national courts specifically established to prosecute war-related crimes to provide gender expertise, gender training for all staff and gender-sensitive programmes for victims and witness protection. The Council emphasizes the urgent need for programmes that provide support to survivors of gender-based violence. The Council further requests that appropriate attention is given to the issue of gender-based violence in all future reports to the Council.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2004, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council stated:
The Security Council strongly condemns the increased use of sexual and gender-based violence as a weapon of war as well as the recruitment and use of child soldiers by parties to armed conflict in violation of international obligations applicable to them … It stresses the importance of developing strategies aimed at preventing and responding to sexual and gender-based violence, through the improvement in the design of peacekeeping and assessment missions by, inter alia, the inclusion of gender and child protection advisers. It stresses also the importance for women and children subject to exploitation and sexual violence to receive adequate assistance and support.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2005, in a statement by its President on UN peacekeeping operations, the UN Security Council stated:
The Security Council is deeply concerned with the allegations of sexual misconduct by United Nations peacekeeping personnel. The distinguished and honourable record of accomplishment in United Nations peacekeeping is being tarnished by the acts of a few individuals.
The Security Council condemns, in the strongest terms, all acts of sexual abuse and exploitation committed by United Nations peacekeeping personnel. The Council reiterates that sexual exploitation and abuse are unacceptable and have a detrimental effect on the fulfilment of mission mandates.
The Security Council, while confirming that the conduct and discipline of troops is primarily the responsibility of Troop Contributing Countries, recognizes the shared responsibility of the Secretary-General and all Member States to take every measure within their purview to prevent sexual exploitation and abuse by all categories of personnel in United Nations peacekeeping missions, to enforce United Nations standards of conduct in this regard. The Security Council reiterates the importance of ensuring that sexual exploitation and abuse are properly investigated and appropriately punished.
The Security Council underlines that the provision of an environment in which sexual exploitation and abuse are not tolerated is primarily the responsibility of managers and commanders.
The Security Council welcomes the comprehensive report on sexual exploitation and abuse by United Nations Peacekeeping Personnel (A/59/710), prepared by the Secretary-General’s Adviser on this issue, H.R.H. Prince Zeid Ra’ad Zeid Al-Hussein, Permanent Representative of the Hashemite Kingdom of Jordan to the United Nations. The Council also welcomes the report of the resumed session of the Special Committee on Peacekeeping (A/59/19/Add.1).
The Security Council urges the Secretary-General and Troop Contributing Countries to ensure that the recommendations of the Special Committee, which fall within their respective responsibilities, are implemented without delay.
The Security Council will consider including relevant provisions for prevention, monitoring, investigation and reporting of misconduct cases in its resolutions establishing new mandates or renewing existing mandates. In this regard, the Security Council calls on the Secretary-General to include, in his regular reporting of peacekeeping missions, a summary of the preventive measures taken to implement a zero-tolerance policy and of the outcome of actions taken against personnel found culpable of sexual exploitation and abuse.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2005, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council expressed “in particular its deep concern at the use of sexual violence as a weapon of war” and called upon “all States to put an end to impunity also in this regard”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2005, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council condemns sexual and other forms of violence against women, including trafficking in persons, and calls upon all parties to armed conflict to ensure full and effective protection of women and emphasizes the necessity to end impunity of those responsible for gender-based violence.
The Security Council reiterates its condemnation, in the strongest terms, of all acts of sexual misconduct by all categories of personnel in United Nations Peacekeeping Missions. The Council welcomes the comprehensive report on sexual exploitation and abuse by United Nations Peacekeeping Personnel (A/59/710). The Council also welcomes the report of the resumed session of the Special Committee on Peacekeeping (A/59/19/Add.1) and, taking into account resolution 59/300 of the General Assembly, urges the Secretary-General and troop-contributing countries to ensure that the recommendations of the Special Committee, which fall within their respective responsibilities, are implemented without delay. In this connection, the Council expresses its support to the efforts of the United Nations to fully implement codes of conduct and disciplinary procedures to prevent and respond to sexual exploitation and enhance monitoring and enforcement mechanisms, and notes the strategies and actions included in the System-wide Action Plan to fully implement those codes of conduct and disciplinary procedures. The Security Council urges troop-contributing countries to take appropriate preventive action, including the conduct of predeployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of misconduct involving their personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2006, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council remains deeply concerned by the pervasiveness of all forms of violence against women in armed conflict, including killing, maiming, grave sexual violence, abductions and trafficking in persons. The Council reiterates its utmost condemnation of such practices and calls upon all parties to armed conflict to ensure full and effective protection of women, and emphasizes the necessity to end impunity of those responsible for gender-based violence.
The Security Council reiterates its condemnation, in the strongest terms, of all acts of sexual misconduct by all categories of personnel in United Nations Peacekeeping Missions. The Council urges the Secretary-General and troop-contributing countries to ensure the full implementation of the recommendations of the Special Committee on Peacekeeping operations (A/60/19). In this connection, the Council expresses its support for further efforts by the United Nations to fully implement codes of conduct and disciplinary procedures to prevent and respond to sexual exploitation and abuse, and enhance monitoring and enforcement mechanisms based on a zero-tolerance policy.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2006, in a statement by its President on children and armed conflict, the UN Security Council strongly condemned “the killing and maiming of children, rape and other sexual violence … by parties to armed conflict”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2007, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council reaffirms also the need to implement fully international human rights and humanitarian law including the four Geneva Conventions that protect the rights of women and girls during and after conflicts.
The Security Council remains deeply concerned by the pervasiveness of all forms of violence against women and girls in armed conflict, including killing, maiming, grave sexual violence, abductions and trafficking in persons. The Council reiterates its utmost condemnation of such practices and calls on all parties to armed conflict to take specific measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence in situations of armed conflict.
The Security Council stresses the need to end impunity for acts of gender-based violence in situations of armed conflict and emphasizes the responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity, and war crimes including those relating to sexual and other violence against women and girls, and in this regard stresses the need to exclude these crimes, where feasible from amnesty provisions.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In 2007, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council strongly condemns all violations of international law, including international humanitarian law, human rights law and refugee law, committed against women and girls in situations of armed conflict, including killing, maiming, sexual violence, exploitation and abuse. In this regard, the Council urges the complete cessation by all parties of such acts with immediate effect.
The Security Council is deeply concerned that despite its repeated condemnation of all acts of violence, including killing, maiming, sexual violence, exploitation and abuse in situations of armed conflict, and despite its calls addressed to all parties to armed conflict for the cessation of such acts with immediate effect, and for the adoption of specific measures to protect women and girls from gender-based violence, particularly rape, and other forms of sexual abuse, as well as all other forms of violence, such acts remain pervasive, and in some situations have become systematic, and have reached appalling levels of atrocity. The Council stresses the need to end impunity for such acts as part of a comprehensive approach to seeking peace, justice, truth and national reconciliation.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

UN General Assembly

In 1993, in a resolution proclaiming the UN Declaration on the Elimination of Violence against Women, the UN General Assembly stated:
States should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination. States should pursue by all appropriate means and without delay a policy of eliminating violence against women and, to this end, should:

(a) Consider, where they have not yet done so, ratifying or acceding to the Convention on the Elimination of All Forms of Discrimination against Women or withdrawing reservations to that Convention;

(b) Refrain from engaging in violence against women;

(c) Exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons;

(d) Develop penal, civil, labour and administrative sanctions in domestic legislation to punish and redress the wrongs caused to women who are subjected to violence …https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 1993, the UN General Assembly strongly condemned the practice of rape and abuse of women and children in areas of armed conflict in the former Yugoslavia and emphasized “the particularly heinous nature of the crime of rape”. It considered that “the abhorrent practice of rape and abuse of women and children” constituted a war crime.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a resolution adopted in 1994 on the situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), the UN General Assembly expressed “its outrage that the systematic practice of rape continues to be used as a weapon of war against women and children and as an instrument of ethnic cleansing” and recognized that “rape in this context constitutes a war crime”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a resolution adopted in 1995 on rape and abuse of women in the areas of armed conflict in the former Yugoslavia, the UN General Assembly:
1. Strongly condemns the abhorrent practice of rape and abuse of women and children in the areas of armed conflict in the former Yugoslavia, which constitutes a war crime;
2. Expresses its outrage that the systematic practice of rape has been used as a weapon of war and an instrument of ethnic cleansing against women and children in the Republic of Bosnia and Herzegovina;
3. Reaffirms that rape in the conduct of armed conflict constitutes a war crime and that under certain circumstances it constitutes a crime against humanity and an act of genocide as defined in the Convention on the Prevention and Punishment of the Crime of Genocide, and calls upon States to take all measures required for the protection of women and children from such acts and to strengthen mechanisms to investigate and punish all those responsible and bring the perpetrators to justice.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a resolution adopted in 1995 on the situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), the UN General Assembly expressed its outrage that “the systematic practice of rape has been used as a weapon of war against women and children and as an instrument of ethnic cleansing, and recognizes that rape in this context constitutes a war crime”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a resolution adopted in 1996 on the rights of the child, the UN General Assembly:
Reaffirms that rape in the conduct of armed conflict constitutes a war crime and that under certain circumstances it constitutes a crime against humanity and an act of genocide, as defined in the Convention on the Prevention and Punishment of the Crime of Genocide, and calls upon all States to take all measures required for the protection of women and children from all acts of gender-based violence, including rape, sexual exploitation and forced pregnancy, and to strengthen mechanisms to investigate and punish all those responsible and bring the perpetrators to justice.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 
In a resolution adopted in 1996 on Rwanda, the UN General Assembly: 
Expresses its deep concern at the intense suffering of the victims of genocide and crimes against humanity, [and] recognizes the ongoing suffering of their survivors, particularly the extremely high number of traumatized children and women victims of rape and sexual violence.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

In a resolution adopted in 2003 on the strengthening of the coordination of UN emergency humanitarian assistance, the UN General Assembly:
Welcomes the continued efforts to address the issue of sexual exploitation and sexual abuse in the context of humanitarian crises, and notes with interest the bulletin of the Secretary-General on special measures for protection from sexual exploitation and sexual abuse.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2003 on the safety and security of humanitarian personnel and protection of UN personnel, the UN General Assembly strongly condemned “other forms of violence, rape and sexual assault … to which those participating in humanitarian operations are increasingly exposed”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2003 on special assistance for the economic recovery and reconstruction of the Democratic Republic of the Congo, the UN General Assembly:
Strongly condemns the acts of violence, including the latest massacres in Ituri, systematically perpetrated against civilians, including the massacres, as well as other atrocities and violations of international humanitarian law and human rights, in particular sexual violence against women and girls.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2003 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
19. Condemns any exploitation of refugees, especially their sexual abuse and exploitation, calls for those responsible for such deplorable acts to be brought to justice, welcomes in this regard the conclusion on protection from sexual abuse and exploitation adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees at its fifty-fourth session, and notes with deep concern that inadequate protection and/or inappropriate assistance, particularly concerning the quantity and quality of food and other material assistance, increases the vulnerability of refugees and asylum-seekers to sexual abuse and exploitation;
20. Welcomes the decision of the Office of the High Commissioner to put in place a code of conduct for humanitarian personnel aimed at preventing the exploitation of refugees, especially in the area of sexual exploitation.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2003 on the girl child, the UN General Assembly:
9. … urges all States to enact and enforce legislation to protect girls from all forms of violence and exploitation, including … rape, … sexual abuse, sexual exploitation, child prostitution and child pornography …

15. Also urges States to take special measures for the protection of girls affected by armed conflicts and in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape and sexual abuse, and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account the special needs of girls affected by armed conflict in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes;
16. Deplores all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crises, including those cases involving humanitarian workers and peacekeepers.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2003 on the rights of the child, the UN General Assembly called upon all States to take all necessary measures, including legal reforms where appropriate:
To eliminate all forms of discrimination against girls and all forms of violence, including … rape, sexual abuse … by enacting and enforcing legislation and, where appropriate, formulating comprehensive, multidisciplinary and coordinated national plans, programmes or strategies protecting girls.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2003 on human rights and mass exoduses, the UN General Assembly:
Condemns all incidents of sexual exploitation and abuse and violence against refugees and internally displaced persons, [and] encourages Governments to adopt and implement initiatives aimed at preventing, and at addressing allegations of, sexual exploitation and abuse in emergency situations.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2003 on the situation of human rights in the Democratic Republic of the Congo, the UN General Assembly: 
2. Condemns

(f) The widespread recourse to sexual violence against women and children, inter alia, as a means of warfare”;

4. Urges all parties to the conflict in the Democratic Republic of the Congo: 

(g) To implement all necessary measures to put an end to the widespread violations of human rights and to impunity, in particular with regard to the sexual violence against women and children.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2004 on emergency international assistance for peace, normalcy and reconstruction of war-stricken Afghanistan, the UN General Assembly:
Emphasizes again the necessity of investigating allegations of current and past violations of human rights and of international humanitarian law, including violations committed against persons belonging to ethnic and religious minorities, as well as against women and girls, of facilitating the provision of efficient and effective remedies to the victims and of bringing the perpetrators to justice in accordance with international law.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2004 on the strengthening of the coordination of UN emergency humanitarian assistance, the UN General Assembly:
Gravely concerned that violence, including sexual abuse and sexual and other violence against women, girls and boys, continues to be, in many emergency situations, deliberately directed against civilian populations,

13. Strongly condemns all acts of violence committed against civilian populations in situations of humanitarian crisis, especially against women, girls and boys, including sexual violence and abuse, and reiterates that such acts can constitute serious violations or grave breaches of international humanitarian law and constitute, in defined circumstances, a crime against humanity and/or a war crime;

19. Expresses concern about the continued occurrence of sexual exploitation and abuse in humanitarian crises, emphasizes that the highest standards of conduct and accountability are required of all personnel serving in humanitarian and peacekeeping operations, and requests the Secretary-General to report on measures to follow up, inter alia, the Plan of Action on Protection from Sexual Exploitation and Abuse in Humanitarian Crises developed by the Inter-Agency Standing Committee and the application of the bulletin of the Secretary-General on special measures for protection from sexual exploitation and sexual abuse.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2004 on the situation of human rights in the Democratic Republic of the Congo, the UN General Assembly urged all parties to the conflict in the Democratic Republic of the Congo:
To take special measures to protect women and children from the appalling violence, including sexual violence, which has been and continues to be prevalent throughout the country, in particular in Ituri, North and South Kivu and other areas in the eastern part of the country, and condemns in particular the widespread use of sexual violence as a means of warfare.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2004 on the safety and security of humanitarian personnel and protection of UN personnel, the UN General Assembly strongly condemned “rape and sexual assault and all forms of violence committed in particular against women … to which those participating in humanitarian operations are increasingly exposed”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2004 on the rights of the child, the UN General Assembly called upon States to “protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, [and] who are particularly exposed to risks in connection with armed conflict, such as recruitment, sexual violence and exploitation”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2004 on the situation of human rights in Myanmar, the UN General Assembly called upon the Government of Myanmar to “end the systematic violations of human rights in Myanmar, including … the use of rape and other forms of sexual violence persistently carried out by members of the armed forces”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the 2005 World Summit Outcome, UN member States stated: 
… We strongly condemn all violations of the human rights of women and girls in situations of armed conflict and the use of sexual exploitation, violence and abuse, and we commit ourselves to elaborating and implementing strategies to report on, prevent and punish gender-based violence.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on emergency international assistance for peace, normalcy and reconstruction of war-stricken Afghanistan, the UN General Assembly:
Continues to emphasize the necessity of investigating allegations of current and past violations of human rights and of international humanitarian law, including violations committed against persons belonging to ethnic and religious minorities, as well as against women and girls, of facilitating the provision of efficient and effective remedies to the victims and of bringing the perpetrators to justice in accordance with international law.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the safety and security of humanitarian personnel and protection of UN personnel, the UN General Assembly strongly condemned “rape and sexual assault and all forms of violence committed in particular against women … to which those participating in humanitarian operations are increasingly exposed”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the strengthening of the coordination of UN emergency humanitarian assistance, the UN General Assembly:
Noting with grave concern that violence, including sexual abuse and sexual and other violence against women, girls and boys, continues to be, in many emergency situations, deliberately directed against civilian populations,

5. Also calls upon States to elaborate and implement strategies to report on, prevent and punish all forms of violence against women, girls and boys, in particular sexual violence and abuse.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the girl child, the UN General Assembly:
Recognizing the efforts of the international community to strengthen the standards for combating sexual abuse and exploitation, and in this regard taking note of the Secretary-General’s bulletin on special measures for protection from sexual exploitation and sexual abuse and other policies and codes of conduct developed by the United Nations system to prevent and address such incidents,

9. … urges all States to enact and enforce legislation to protect girls from all forms of violence and exploitation, including … rape, … sexual abuse, sexual exploitation, child prostitution and child pornography …

15. Also urges States to take special measures for the protection of girls affected by armed conflicts and by post-conflict situations and in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape and sexual abuse, and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account the special needs of girls affected by armed conflict in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes;
16. Deplores all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crises, including those cases involving humanitarian workers and peacekeepers.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the situation of human rights in the Democratic Republic of the Congo, the UN General Assembly:
4. Condemns:
(a) The ongoing violations of human rights and international humanitarian law, particularly in North Kivu and South Kivu, northern Katanga and other areas in the eastern part of the Democratic Republic of the Congo, including armed violence and reprisals against the civilian population and the recourse to sexual violence against women and children, including in situations where such practices are being used as a weapon of war;
… 
5. Urges all the parties …

(d) To take special measures to protect women and children from the appalling violence, including sexual violence, which continues to be prevalent throughout the country, in particular in the eastern part of the country, and to bring the perpetrators of such crimes to justice as soon as possible, and condemns in particular the widespread use of sexual violence as a means of warfare;

8. Urges the Secretary-General to continue his work aimed at eliminating sexual exploitation and abuse committed by personnel serving the United Nations Organization Mission in the Democratic Republic of the Congo.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the rights of the child, the UN General Assembly:
13. Condemns all forms of violence against children, including physical, mental and sexual violence …

22. Also calls upon States to protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to risks in connection with armed conflict, such as recruitment, sexual violence and exploitation …

30. Calls upon all States: 
(a) To criminalize and penalize effectively all forms of sexual exploitation and sexual abuse of children, including all acts of paedophilia, including within the family or for commercial purposes, child pornography and child prostitution, child sex tourism, trafficking in children, the sale of children and their organs and the use of the Internet for these purposes, and to take effective measures against the criminalization of children who are victims of exploitation.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2005 on the situation of human rights in Myanmar, the UN General Assembly: 
2. Expresses grave concern at: 
(a) … violations suffered by persons belonging to ethnic nationalities, women and children, especially in non-ceasefire areas, including but not limited to … rape and other forms of sexual violence persistently carried out by members of the armed forces …

3. Strongly calls upon the Government of Myanmar:

(f) To end widespread rape and other forms of sexual violence persistently carried out by members of the armed forces, in particular against women belonging to ethnic nationalities, and to investigate and bring to justice any perpetrators in order to end impunity for those acts;

(l) Without further delay, to cooperate fully with the Special Rapporteur to facilitate an independent international investigation of continuing reports of sexual violence and other abuse of civilians carried out by members of the armed forces.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on a comprehensive review of a strategy to eliminate future sexual exploitation and abuse in UN peacekeeping operations, the UN General Assembly:
Reaffirming its resolution 59/296 of 22 June 2005, as well as resolutions 59/300 and 60/263, and the need for the United Nations to implement its policy of zero tolerance of sexual exploitation and abuse in its peacekeeping operations as recommended by the Special Committee,
Affirming the need for a comprehensive strategy of assistance to victims of sexual exploitation and abuse by United Nations staff or related personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the criminal accountability of UN officials and experts on mission, the UN General Assembly:
Recalling its resolution 59/281 of 29 March 2005, in which it endorsed the recommendation in paragraph 56 of the report of the Special Committee on Peacekeeping Operations that the Secretary-General make available to the United Nations membership a comprehensive report on the issue of sexual exploitation and abuse in United Nations peacekeeping operations,

Recalling its resolution 59/300 of 22 June 2005 endorsing the recommendation of the Special Committee on Peacekeeping Operations that a group of legal experts be established to provide advice on the best way to proceed so as to ensure that the original intent of the Charter of the United Nations can be achieved, namely that United Nations staff and experts on mission would never be effectively exempt from the consequences of criminal acts committed at their duty station, nor unjustly penalized, in accordance with due process.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the intensification of efforts to eliminate all forms of violence against women, the UN General Assembly urged States to take action to eliminate all forms of violence against women and to this end:
To protect women and girls in situations of armed conflict, post-conflict settings and refugee and internally displaced persons settings, where women are at greater risk of being targeted for violence and where their ability to seek and receive redress is often restricted, bearing in mind that peace is inextricably linked with equality between women and men and development, that armed and other types of conflicts and terrorism and hostage-taking still persist in many parts of the world and that aggression, foreign occupation and ethnic and other types of conflicts are an ongoing reality affecting women and men in nearly every region, [and] undertake efforts to eliminate impunity for all gender-based violence in situations of armed conflict.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on trafficking in women and girls, the UN General Assembly:
Encourages Governments, relevant intergovernmental bodies and international organizations to ensure that military, peacekeeping and humanitarian personnel deployed in conflict, post-conflict and other emergency situations are provided training on conduct that does not promote, facilitate or exploit trafficking in women and girls, including for sexual exploitation, and to raise the awareness of such personnel of the potential risks to victims of conflict and other emergency situations, including natural disasters, of being trafficked.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the rights of the child, the UN General Assembly: 
15. Condemns all forms of violence against children, and urges States to take effective legislative and other measures to prevent and eliminate all such violence, including physical, mental, psychological and sexual violence, torture, child abuse and exploitation, hostage-taking, domestic violence, trafficking in or sale of children and their organs, paedophilia, child prostitution, child pornography, child sex tourism, gang-related violence and harmful traditional practices in all settings; 

22. Calls upon States to take all necessary measures, including legal reforms where appropriate, to eliminate all forms of discrimination against girls and all forms of violence, including female infanticide and prenatal sex selection, rape, sexual abuse and harmful traditional or customary practices …

25. Also calls upon all States to protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to violence and risks in connection with armed conflict, such as recruitment, sexual violence and exploitation …

34. Calls upon all States:
(a) To criminalize and penalize effectively all forms of sexual exploitation and sexual abuse of children, including all acts of paedophilia, including within the family or for commercial purposes, child pornography and child prostitution, child sex tourism, trafficking in children, the sale of children and the use of the Internet for these purposes, and to take effective measures against the criminalization of children who are victims of exploitation.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2006 on the situation of human rights in Myanmar, the UN General Assembly: 
2. Expresses grave concern at:
(a) … violations suffered by persons belonging to ethnic nationalities of Myanmar, including extrajudicial killings, rape and other forms of sexual violence persistently carried out by members of the armed forces …
… 
3. Strongly calls upon the Government of Myanmar:

(b) To take urgent measures to put an end to the military operations targeting civilians in the ethnic areas, and the associated violations of human rights and humanitarian law against persons belonging to ethnic nationalities, including widespread rape and other forms of sexual violence persistently carried out by members of the armed forces …

(e) To end impunity, and to this end:

(ii) To facilitate a genuinely independent investigation of continuing reports of sexual violence, in particular against women belonging to ethnic nationalities, and other abuse of civilians carried out by members of the armed forces in Shan, Karen, Mon and other States.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on a comprehensive review of a strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations, the UN General Assembly: 
Reaffirming the need for the United Nations to implement its policy of zero tolerance of sexual exploitation and abuse in its peacekeeping operations, as recommended by the Special Committee on Peacekeeping Operations,
Reaffirming also the need for a comprehensive strategy of assistance to victims of sexual exploitation and abuse by United Nations staff or related personnel.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 entitled “Administrative and budgetary aspects of the financing of the United Nations peacekeeping operations: cross-cutting issues”, the UN General Assembly: 
Reaffirming resolution 59/300 of 22 June 2005, 
1. Underlines the great importance it attaches to the elimination of misconduct, including sexual exploitation and sexual abuse, and calls for full implementation of the United Nations zero-tolerance policy.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the criminal accountability of UN officials and experts on mission, the UN General Assembly:
Recalling its resolution 59/281 of 29 March 2005, in which it endorsed the recommendation in paragraph 56 of the report of the Special Committee on Peacekeeping Operations that the Secretary-General make available to the United Nations membership a comprehensive report on the issue of sexual exploitation and abuse in United Nations peacekeeping operations, 
Noting that the Secretary-General, on 24 March 2005, transmitted to the President of the General Assembly a report of his Adviser concerning sexual exploitation and abuse by United Nations peacekeeping personnel,
Recalling its resolution 59/300 of 22 June 2005 endorsing the recommendation of the Special Committee on Peacekeeping Operations that a group of legal experts be established to provide advice on the best way to proceed so as to ensure that the original intent of the Charter of the United Nations can be achieved, namely that United Nations staff and experts on mission would never be effectively exempt from the consequences of criminal acts committed at their duty station, nor unjustly penalized without due process, 

Reaffirming also that the present resolution is without prejudice to the privileges and immunities of United Nations officials and experts on mission and the United Nations under international law, 
Reaffirming further the obligation of United Nations officials and experts on mission to respect the national laws of the host State, as well as the right of the host State to exercise, where applicable, its criminal jurisdiction, in accordance with the relevant rules of international law and agreements governing operations of United Nations missions,
Deeply concerned by reports of criminal conduct, and conscious that such conduct, if not investigated and, as appropriate, prosecuted, would create the negative impression that United Nations officials and experts on mission operate with impunity, 

Convinced of the need for the United Nations and its Member States to urgently take strong and effective steps to ensure criminal accountability of United Nations officials and experts on mission, 

2. Strongly urges States to take all appropriate measures to ensure that crimes by United Nations officials and experts on mission do not go unpunished and that the perpetrators of such crimes are brought to justice, without prejudice to the privileges and immunities of such persons and the United Nations under international law, and in accordance with international human rights standards, including due process; 
3. Strongly urges all States to consider establishing to the extent that they have not yet done so jurisdiction, particularly over crimes of a serious nature, as known in their existing domestic criminal laws, committed by their nationals while serving as United Nations officials or experts on mission, at least where the conduct as defined in the law of the State establishing jurisdiction also constitutes a crime under the laws of the host State; 
4. Encourages all States to cooperate with each other and with the United Nations in the exchange of information and in facilitating the conduct of investigations and, as appropriate, prosecution of United Nations officials and experts on mission who are alleged to have committed crimes of a serious nature, in accordance with their domestic laws and applicable United Nations rules and regulations, fully respecting due process rights, as well as to consider strengthening the capacities of their national authorities to investigate and prosecute such crimes; 
5. Requests the Secretariat to ensure that requests to Member States seeking personnel to serve as experts on mission make States aware of the expectation that persons who serve in that capacity should meet high standards in their conduct and behaviour and are aware that certain conduct may amount to a crime for which they may be held accountable; 

9. Requests the Secretary-General to bring credible allegations that reveal that a crime may have been committed by United Nations officials and experts on mission to the attention of the States against whose nationals such allegations are made, and to request from those States an indication of the status of their efforts to investigate and, as appropriate, prosecute crimes of a serious nature, as well as the types of appropriate assistance States may wish to receive from the Secretariat for the purposes of such investigations and prosecutions.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 entitled “Policies and programmes involving youth: youth in the global economy – promoting youth participation in social and economic development”, the UN General Assembly adopted the “Supplement to the World Programme of Action for Youth to the Year 2000 and Beyond”.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

Governments should strengthen legal, policy, administrative and other measures for the promotion and protection of the full enjoyment of all human rights by youth, the protection of their dignity and the reduction of their vulnerability to HIV/AIDS through the elimination of all forms of discrimination and all types of sexual exploitation of young girls and boys, including for commercial reasons, as well as all forms of violence against women and girls, including harmful traditional and customary practices, abuse, rape and other forms of sexual violence, battering and trafficking in women and girls.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the elimination of rape and other forms of sexual violence in all their manifestations, including in conflict, the UN General Assembly:
Reaffirming … the obligations of States parties to the Convention on the Rights of the Child, the Geneva Conventions of 1949 and the Additional Protocols thereto, of 1977 and the International Convention on the Elimination of All Forms of Racial Discrimination,

Recalling also the inclusion of rape and other forms of gender-related crimes and crimes of sexual violence in the Rome Statute of the International Criminal Court,
Recalling further the recognition by the ad hoc international criminal tribunals that rape can constitute a war crime, a crime against humanity, or a constitutive act with respect to genocide,

Stressing that States have the obligation to promote and protect all human rights and fundamental freedoms of women and girls, and must exercise due diligence to prevent, investigate and punish the perpetrators of violence against women and girls, and to provide protection to the victims, and that failure to do so violates and impairs or nullifies the enjoyment of the human rights and fundamental freedoms of the victims,
Strongly condemning all acts of violence against women and girls, whether these acts are perpetrated by the State, by private persons or by non-State actors, calling for the elimination of all forms of gender-based violence in the family, within the general community, and where perpetrated or condoned by the State, and stressing the need to treat all forms of violence against women and girls as a criminal offence, punishable by law,
Stressing that rape or other forms of sexual violence must not be used or condoned in any circumstance by any individual, State or non-State actor,
Recognizing that rape or any other form of sexual violence is unlawful in all circumstances and in all places, regardless of the sex or age of the victim, including in detention and in jails, whether or not committed by State or non-State actors in the course of achieving political or military objectives, whether or not in the course of an international or non-international armed conflict, or in areas under foreign occupation,

Affirming the need for States to ensure that perpetrators of rape or other forms of sexual violence committed on their territory do not operate with impunity and that the perpetrators of such acts are brought to justice as provided for by national law and obligations under international law, and also affirming the need to penalize persons in authority found guilty of sexually assaulting victims,

Determined to eliminate rape and other forms of sexual violence in all their manifestations, including in conflict and related situations,
1. Urges States:
(a) To take special measures to protect women and girls from gender-based violence, in particular rape and other forms of sexual violence; 
(b) To end impunity by ensuring that all rape victims, particularly women and girls, have equal protection under the law and equal access to justice and by investigating, prosecuting and punishing any person responsible for rape and other forms of sexual violence, whether or not committed by State or non-State actors in the course of achieving political or military objectives, wherever they occur, whether or not in the course of an international or non-international armed conflict, including in detention and in jails, and regardless of the sex or age of the victim;
(c) To provide victims with access to appropriate health care, including sexual and reproductive health care, psychological care and trauma counselling, as well as to rehabilitation, social reintegration and, as appropriate, effective and sufficient compensation, in accordance with relevant international and national law;
(d) To develop and implement at all levels, as required, a comprehensive and integrated strategy of prevention and prosecution of rape, and monitor the implementation of such a strategy, which should include the training of, inter alia, all relevant government and military personnel, in particular military commanders, law enforcement officials, judicial system personnel, health workers, teachers and social workers, as well as community leaders and the news media, in all appropriate aspects of the prevention and prosecution of rape and other forms of sexual violence and of protection and support for victims of such violence;
… 
3. Urges States, in cooperation with the private sector, non-governmental organizations and other civil society actors, as appropriate:
(a) To conduct public education and awareness campaigns at the national and grass-roots levels in order to raise awareness about the causes and consequences of rape and other forms of sexual violence;
(b) To establish reception centres and shelters for victims, take other appropriate measures to promote and protect women’s rights, and provide protection, safe shelter, medical assistance, including sexual and reproductive health care, all necessary medications, including antiretroviral drugs and antibiotics, counselling for victims and their families, comprehensive information and education, legal aid, rehabilitation, and reintegration of victims and their offspring into society, in cooperation with State efforts towards protecting and supporting victims, in particular appropriate compensation that is effective and sufficient, maintaining due confidentiality and privacy of the victims and their families;
(c) To support programmes to eliminate rape and other forms of sexual violence in all their manifestations, and design programmes to provide assistance to all victims of rape;
(d) To address the long-term consequences faced by victims of rape and other forms of sexual violence, including legal discrimination and social stigmatization, as well as the effects on children born as a result of rape.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 on the girl child, the UN General Assembly:
13. … urges all States to enact and enforce legislation to protect girls from all forms of violence and exploitation, including female infanticide and prenatal sex selection, female genital mutilation, rape, domestic violence, incest, sexual abuse, sexual exploitation, child prostitution and child pornography, trafficking and forced migration, forced labour and early and forced marriage, and to develop age-appropriate safe and confidential programmes and medical, social and psychological support services to assist girls who are subjected to violence and discrimination;

19. Urges all States and the international community to respect, promote and protect the rights of the girl child, taking into account the particular vulnerabilities of the girl child in pre-conflict, conflict and post-conflict situations, and further urges States to take special measures for the protection of girls, in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape, sexual abuse and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls … 
20. Deplores all cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crises, including those cases involving humanitarian workers and peacekeepers, and urges States to take effective measures to address gender-based violence in humanitarian emergencies and to make all possible efforts to ensure that their laws and institutions are adequate to prevent, promptly investigate and prosecute acts of gender-based violence;
21. Deplores further all acts of sexual exploitation, abuse of and trafficking in women and children by military, police and civilian personnel involved in United Nations operations, welcomes the efforts undertaken by United Nations agencies and peacekeeping operations to implement a zero-tolerance policy in this regard, and requests the Secretary-General and personnel-contributing countries to continue to take all appropriate action necessary to combat these abuses by such personnel, including through the full implementation without delay of those measures adopted in the relevant General Assembly resolutions based on recommendations of the Special Committee on Peacekeeping Operations.https://www.icrc.org/customary-ihl/eng/fnIcon.gif  

In a resolution adopted in 2007 on the rights of the child, the UN General Assembly: 
11. Calls upon States to take all necessary and effective measures, including legal reforms where appropriate, to eliminate all forms of discrimination against girls and all forms of violence, including female infanticide and prenatal sex selection, rape, sexual abuse and harmful traditional or customary practices …

29. Also calls upon all States to protect refugee, asylum-seeking and internally displaced children, taking into account their gender-specific needs, in particular those who are unaccompanied, who are particularly exposed to violence and risks in connection with armed conflict, such as recruitment, sexual violence and exploitation …

38. Calls upon all States:
(a) To criminalize and penalize effectively all forms of sexual exploitation and sexual abuse of children, including all acts of paedophilia, including within the family or for commercial purposes, child pornography and child prostitution, child sex tourism, trafficking in children, the sale of children and the use of the Internet and other information and communications technologies for these purposes, and to take effective measures against the criminalization of children who are victims of exploitation;

52. Condemns all forms of violence against children, including physical, mental, psychological and sexual violence, torture and other cruel, inhuman or degrading treatment, child abuse and exploitation, hostage-taking, domestic violence, trafficking in or sale of children and their organs, paedophilia, child prostitution, child pornography, child sex tourism, gang-related violence, bullying and harmful traditional practices, and urges States to strengthen efforts to prevent and protect children from all such violence through a comprehensive approach and to develop a multifaceted and systematic framework, which is integrated into national planning processes, to respond to violence against children.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

In a resolution adopted in 2007 entitled “United Nations Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse by United Nations Staff and Related Personnel”, the UN General Assembly:
Deeply concerned by and strongly condemning all acts of sexual exploitation and abuse committed by United Nations staff and related personnel, 
Reiterating its support to the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse, and recalling all relevant United Nations standards of conduct and regulations, including the Secretary-General’s bulletin on the special measures for protection from sexual exploitation and sexual abuse.https://www.icrc.org/customary-ihl/eng/fnIcon.gif 

 

SEE WEBSITE LINK FOR ADDITIONAL RESOURCES - https://www.icrc.org/customary-ihl/eng/docs/v2_rul_rule93