Author: -

Abstract: »Conflict-related sexual violence (CRSV) has traditionally been understood as an inevitable byproduct of war, with rape framed as a biologically driven act of sexual gratification committed by men against women. This perception shifted following landmark rulings by the International Criminal Tribunals for former Yugoslavia (ICTY) and Rwanda (ICTR), which established sexual violence as a weapon of war. This article critically examines the "weapon of war" framework, which portrays militarized men as strategic perpetrators and women as symbolic victims, arguing that it reproduces harmful gendered identities and oversimplifies the complexities of sexual violence in conflict. The paper first traces the historical evolution of how CRSV has been conceptualized—from a natural consequence of war to a gendered and strategic tool of power—before analyzing the limitations of the weapon of war paradigm. It highlights the framework’s exclusion of male victims, female perpetrators, and diverse motivations for sexual violence—such as opportunism, material gain, and combatant bonding—as well as its failure to account for cases where armed groups refrain from using sexual violence altogether. Drawing on original analysis of over 4,000 redacted ICTR witness testimonies, the article demonstrates how the framework has constrained legal recognition, obscured lived experiences, and reproduced narrow narratives of ethnic hatred and gendered violence. It calls for a reframing of the gendered weapon of war concept to better account for the complexity of CRSV and to promote more inclusive approaches to justice, prevention, and survivor-centered redress.« (Source: Journal of Public and International Affairs)

Contents:

	Introduction
	Rape as an Inevitable Side-Effect of Conflict
	Framing Rape as a Gendered Crime
	Rape as a Weapon of War
	Limitations and Exclusions of the Weapon of War Framework
		Opportunism/Greed
		Combatant Socialization
		Varying Military Contexts and the Possibility for Restraint
	The Birth of the Weapon of War Framework
		Historical and Legal Context
		How the ICTR constructed the weapon of war narrative
		The limitations and contradictions of this approach
		The case of Pauline Nyiramasuhuko and the illusion of gender progress
		A Contradictory Legacy
	Insights from ICTR Witness Testimonies
		Data and Methodology
		Insights from the Dataset
	Legacy of the ICTR
	Conclusion: A New Gendered Lens to Understanding Rape during War

Wikipedia: History of Africa: History of Rwanda | History of Europe: History of Bosnia and Herzegovina / Republic of Bosnia and Herzegovina | Court: International courts and tribunals / International Criminal Tribunal for Rwanda, Pauline Nyiramasuhuko | Court: International courts and tribunals / International Criminal Tribunal for the former Yugoslavia | Genocide: Rwandan genocide / Rape during the Rwandan genocide | Sex and the law: Rape / Genocidal rape, Wartime sexual violence | War: Bosnian War / Rape during the Bosnian War