Authors : Alexander Korobeev, Yaroslava Kuchina and Natalia Belgorokova
Abstract: Wartime sexual violence is rape or other forms of sexual violence committed by combatants during armed conflicts or war or military occupation often as spoils of war. Rape means violated sexual act committed by a man against a woman. The closer look shows that sometimes, particularly in ethnic or religious conflict, especially if it has the character of genocide that phenomenon has broader motives. However, in contrary with the murders or robberies, rape is the only crime with its unchangeable legal definition have also very different interpretation that depends of the specialties of a particular period of time, culture and morality, legal and social understandings of rape’s character of violation and consequences for a victim Wartime sexual violence should be distinguished from sexual assaults and rape committed amongst individual victims that usually prohibited by national law. A further confirmation of the fact that rape in international law is part of the military acts of hatred or genocide can be regarded as a formulation that is designed to identify the nature of the offense with the conditions and factors of its commitment that is to the circumstances that made it possible not only to the assault itself but also contributed to the reasons why the appearance of the motive, purpose, creation and implementation of criminal intent. In that study, the researchers tries to differ the rape and the war rape as different sexual offences and explain, why war rape should be included into the international criminal law as war crime or crime against humanity. Also author provide the theory that war rape because of its characteristics is a femicide the type of genocide crimes that committed against the socio-gender groups-women.
Alexander Korobeev, Yaroslava Kuchina and Natalia Belgorokova, 2016. “War Rape” and its Differentiation from the Rape as a Crime Against Female Sexual Freedom and Sexual Inviolability. The Social Sciences, 11: 3381-3384.