Perhaps out of a sense of modesty, legislators preferred to speak of an attack on the 'honour of the family', as in the Hague Peace Conventions. Although the act was still punishable, the word 'rape' disappeared from the texts. Thereafter, there was a semantic regression when it came to qualifying such abuses in law. Sexual assault was explicitly mentioned as a punishable act and rape prohibited on pain of death. One of the first attempts to codify the law of armed conflict took place during the American Civil War, with the publication of the Lieber Code in February 1863.
Yet rape has been a serious breach of the rules of war since the mid-nineteenth century. In this post to mark the 30th campaign of the 16 Days of Action, ICRC historian Daniel Palmieri examines ICRC inaction during the mid-20th century – and the Swiss cultural backdrop against which the organization operated at that time – to unearth contextual and structural factors that contributed to this glaring historical passivity.įor far too long, sexual violence was considered an unfortunate result of war and often kept silent. Sexual violence is often utilized as a tactical or strategic means of overwhelming and weakening the adversary, whether directly or indirectly, by targeting the civilian population. Daniel Palmieri, Historical Research Officer, ICRCĭespite clear legal prohibitions, sexual violence remains widespread and prevalent during armed conflicts and other situations of violence, with grave humanitarian consequences.
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