There is a number of occasions wherein, during the armed conflict, women/girls can be put at risk of gender-based violence at the hands of the ethnic Other Being one of them “rape comes to be interpreted as means of humiliating the Other and destroying a society's cultural, traditional, and religious integrity.“ Rape was explicitly included in article 5(g) of the Statute of the ICTY as a crime against humanity. Furthermore, it has been forbidden by Article 26 of the Protocol I to Geneva Conventions. 27) states that „omen shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault”. Rape as the most severe gender-based crime had been provided for as a crime in International law, but its definition was a bit vague: it was considered to be a violent act of sexual nature committed against a certain person. The development of international military and ad hoc tribunals has allowed the international community to prosecute suspects responsible for crimes that occurred in specific regions of the world, b ut gender-based war crimes were largely ignored until the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), had been put in place.
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