Rape as a Weapon of War: Israel, the UN Blacklist, International Law and the Criminology of Conflict

The expression "rape as a weapon of war" refers to a well-defined legal category in international criminal law. Sexual violence, when used systematically or on a widespread scale against a civilian population, may constitute a war crime and, in certain circumstances, a crime against humanity under Articles 7 and 8 of the Rome Statute of the International Criminal Court.

International jurisprudence developed by the tribunals for the former Yugoslavia and Rwanda has helped clarify that rape can be used as a tool of persecution, ethnic cleansing, terror, and the destruction of a community's social fabric. It is not merely an act of individual violence but a direct assault on the collective identity of a people.

With regard to the conflict between Israel and Hamas, allegations of sexual violence gained particular prominence following the attacks of October 7, 2023. Several United Nations reports have considered credible the allegations of rape and other forms of sexual violence committed during the attacks against Israeli civilians and during the detention of certain hostages. In this context, the accusations were primarily directed at members of Hamas.

However, the international debate has gradually broadened. In May 2026, the United Nations included Israeli military and security forces for the first time in its annual blacklist concerning conflict-related sexual violence. According to the UN Secretary-General's report, incidents of rape, sexual violence, forced nudity, sexually motivated torture, and other forms of abuse against Palestinian detainees from Gaza and the West Bank between 2023 and 2025 were found to be credible and verified.

Israel firmly rejects these allegations and argues that the report is politically motivated. From a legal perspective, inclusion on the United Nations blacklist does not amount to an international criminal conviction, nor does it constitute a final judicial determination. Nevertheless, it represents an institutional acknowledgment that sufficiently credible information exists to justify enhanced monitoring and calls for further independent investigations.

For this reason, it is essential to distinguish between political responsibility, international state responsibility, and individual criminal liability. Under contemporary international law, the definitive determination of war crimes requires judicial and investigative proceedings based on rigorous evidence, due process guarantees, and independent verification.

International humanitarian law absolutely prohibits all forms of sexual violence against persons protected by armed conflict. The Geneva Conventions, their Additional Protocols, and numerous international instruments impose on states the obligation to prevent, investigate, and prosecute such conduct without distinction based on the victims' ethnic, religious, or national identity.

From a criminological perspective, rape used as a weapon of war represents one of the most sophisticated forms of strategic violence. The target is not only the direct victim but also the entire community to which that victim belongs. Criminology of armed conflict demonstrates that sexual violence is often employed to terrorize civilian populations, force displacement, break family bonds, and destroy social cohesion.

In such contexts, the victim's body becomes a symbol upon which domination over the enemy group is exercised. For this reason, scholars frequently describe the bodies of women, but also men and children, as a true symbolic battlefield. The objective is not merely to inflict physical suffering but to generate collective fear, humiliation, and a profound sense of powerlessness.

When alleged sexual violence occurs within detention centers or during military operations, criminology identifies additional objectives: control, psychological destruction, dehumanization, and the assertion of absolute power over another human being. In these circumstances, sexual violence becomes an instrument of domination that transcends the individual dimension and assumes a broader political and social function.

The experiences of the Rwandan genocide, the Balkan wars, and the persecution of the Yazidi community by the Islamic State have demonstrated that sexual violence can be used to destroy the cultural and social identity of a population. Its consequences extend far beyond the duration of the conflict and may affect entire generations.

Trauma criminology refers to this phenomenon as collective victimization. Not only do direct victims suffer, but families, communities, and societies as a whole are affected. Social stigma, family fragmentation, psychological distress, and the erosion of trust in institutions can persist for decades after hostilities have ended.

Another important element examined by scholars is the process of dehumanizing the enemy. When political, ethnic, or religious propaganda portrays an adversary as inferior or devoid of human dignity, it becomes easier to justify even the most extreme forms of violence. For this reason, preventing sexual crimes in armed conflicts requires not only international criminal law but also the fight against hate speech, the protection of human rights, and the promotion of a culture grounded in human dignity.

From a contemporary criminological perspective, wartime rape cannot be regarded as a mere byproduct of conflict. When employed in an organized and systematic manner, it becomes a genuine technology of terror aimed at social control, the destruction of collective identity, and the subjugation of civilian populations. This is precisely why the international community regards it as one of the gravest crimes under international law.

Rape as a weapon of war does not belong to a single geographic region, religion, or conflict. It is one of the most extreme manifestations of the abuse of human power and represents a wound that continues to affect victims long after hostilities have ceased. For both law and criminology, the challenge is not only to punish those responsible but also to recognize victims, rebuild shattered communities, and prevent the human body from ever again being transformed into an instrument of war.