Estupro de guerra: a violação do corpo da mulher como arma contra o inimigo e a transgressão ao direito de desenvolvimento feminino

Abstract

The aim of this study is to analyze that since the beginning of humanity, women were subjugated by their way of acting and objectified by their own body, mainly motivated by the gender inequality between men and women, where the feminist struggle was of the utmost importance to guarantee the rights of women. However, the power of one gender to the detriment of the other has reached a level of mass physical violence, where countless women have undergone systematic rape in armed conflicts, with the intention of using them as a weapon against the enemy. Thus, with the emblematic cases of rape that took place in the 1990s, they led to the creation of the Ad Hoc International Criminal Tribunals, the first to regard rape as a triple crime, since it is a crime of war, genocide and the humanity. In this way, it is important to consider women's rights as jus cogens, in order to guarantee women's right to development.