| Summary: | Sexual violence has become an increasingly visible aspect of armed conflict. Over the last
decade, feminists have critiqued the lack of attention given to sexual violence in
international humanitarian law and have made important contributions to the developing
area of international criminal law by bringing a gender perspective to that field. This thesis
examines whether characterizing rape as torture is the best way to respond to the injustices
suffered by women during armed conflict. Charging rape as torture offers substantive
benefits; yet, such a characterization risks leaving the sexual and gender aspects of the
crime invisible. First, I examine the development of recognizing rape as torture by
reviewing jurisprudence from the ICTY, ICTR, and regional human rights courts. Second,
in order to measure the potential benefits of characterizing rape as torture in national legal
systems, I examine reports of custodial rape from Sri Lanka and analyze provisions in Sri
Lankan law which could be used to deal with such cases. I conclude that characterizing
rape as torture offers significant legal advantages; however, in order to properly recognize
the experiences of women who have suffered rape during armed conflict both rape and
torture should be charged. The central element in the crime of rape is that a physical
invasion of a sexual nature occurred under coercion, whereas the central element in torture
is that an act of severe pain or suffering took place. === Arts, Faculty of === Asian Research, Institute of === Graduate
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