Rape, sexual enslavement and sexual crimes have always been intertwined with warfare throughout history. Nowadays, these atrocities are often labelled as “war weapons” when deployed as tactics in conflicts. This paper seeks to delve into the evolution of international legal frameworks concerning the crimes of rape and sexual violence, culminating with the International Criminal Tribunal for the former Yugoslavia (ICTY) contribution to the rules and jurisprudence, and offers insights into advancing the progress made thus far in addressing these grave violations.

Rape’s association with warfare is as old as war itself, it even consolidated in the common imagery through idyllic myths or legends. A well-known example is the legend of the founding of Rome, which includes the story of the Rape of the Sabine women, immortalised in sculptures and paints over the centuries (Brownmiller, 1993). However, these mythological picturings deviate from a truthful and realistic narrative. Historically, there has been a lack of comprehensive understanding regarding the prevalence and severity of rape during conflicts. This widespread unawerness on the matter has hindered efforts within the international legal community to fully recognise and prosecute rape as a war crime under international law until the 1990s (Dei, 2014).

While instances of rules condemning rape in warfare, such as Article 44 of the Lieber Code of 1863, can be identified throughout history, it was not until the aftermath of the two World Wars that international criminal law began to address the issue more systematically. This paper explores the evolution of rape and sexual violence criminalisation under international law. First it covers the period following the two World Wars, along with the basic approaches of international criminal law on the matter. Second, the analysis focuses on the evolution of the rules and jurisprudence in the aftermath of the Yugoslavian conflicts. The final section draws conclusions and discusses future developments.