Sexual Violence as a Weapon of War: from the Classification of War Crime to Crime Against Humanity and Genocide

Abstract

Paulin Nyengo Olonge

This study examines the normative trajectory of sexual violence in international criminal law, analyzing its transition from mere “attacks on honor” to major legal classifications such as war crimes, crimes against humanity, and genocide. The objective is to demonstrate how the evolution of international jurisprudence, particularly that of the ad hoc tribunals (ICTY and ICTR), has transformed the legal perception of these acts, making them central elements of systemic macro-criminality. The analysis is based on four theoretical pillars: evolutionary positivism, macro-criminality, the constructivist approach to identity destruction, and the doctrine of due diligence. The results highlight that the classification as “torture” (war crime) now ensures the non-applicability of statutory limitations (imprescriptibility) to these acts, while the classification as a “crime against humanity” reveals their strategic function in the forced displacement of populations. Furthermore, the study highlights the genocidal dimension of rape when used as a weapon of biological and symbolic destruction aimed at the annihilation of a protected group. Finally, the research establishes a direct correlation between state failure and the persistence of impunity. It concludes that the threat of extreme international legal classification remains the most effective lever to compel national authorities to fulfill their responsibility to protect. This reflection calls for increased synergy between academic and judicial institutions to restore effective sovereignty of protection.

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