War can be international (between two or more states), or internal (between two non-state forces, or a state and another opposing armed force). In both types of war, various crimes are committed, one of which is sexual or gender-based violence. Sexual violence, according to the International Criminal Tribunal for Rwanda, is any act of a sexual nature, against a person and in a situation that is coercive. Undoubtedly, the phenomenon is not new, because throughout history and in most wars sexual violence or crimes have been committed.
Here, a few points worth considering. First, sex crimes are not necessarily committed for sexual desire, but most likely to demonstrate dominance and control over the victim. Second, it is often an invisible crime because victims remain silent about it due to factors such as taboo, forbidden, shame or fear. Third, it is sometimes used for political and long-term purposes, such as creating a kind of chaos or confusion among the victims, especially if the crime is committed against a group or a large number of their members, which in this case is very close to genocide. Fourth, when we think of gender, we think of violence against women, but it also includes men, who can also be victims of sexual crimes. Fifth, sexual violence is not just rape, but rape is just a form of sexual violence, and the latter is broader than that. In general, sexual crimes can be war crimes and can also be crimes against humanity. Articles 7 and 8 of the ICC Statute prohibit sexual slavery, forced prostitution, forced pregnancy, forced sterilization, or any other form of sexual violence at that level of gravity and consider it a war crime and a crime against humanity.
Interestingly, the treaties of international humanitarian law, especially the four Geneva Conventions of 1949, do not directly mention 'sexual violence'. Instead, they are indirect when they talk about crimes against human dignity and physical safety (although the crime of rape has received more attention). Nor have human rights treaties, including CEDAW, directly addressed sexual crimes. Except for the Convention on the Rights of the Child, which some more explicitly prohibits the sexual abuse or sexual exploitation of children. This does not mean that they did not prohibit it in other ways. One of the legal principles of the prohibition of sexual violence is the prohibition of all forms of torture and inhuman or degrading treatment under the 1984 Convention Against Torture. Several principles, such as the prohibition of discrimination, slavery, human trafficking for prostitution, and the protection of privacy, also become the basis for the prohibition of sexual violence.
In Saddam-era Iraq, sexual assault and rape have been used as a tool to put pressure on political opponents. Examples include what was done against the relatives of the male Peshmergas in the prisons. Some of the crimes committed during the 1988 Anfal campaign were also sexual crimes. Post-Saddam examples include the US military's sexual abuse of male prisoners in Abu Ghraib. Then, and much bigger, ISIS's attacks and crimes against Yezidi women in and around Sinjar in 2014, which included all forms of sexual violence. In addition to the provisions of the Iraqi Penal Code and other laws, what is important is the greater incorporation of international principles into the laws and a genuine desire to enforce them in practice.