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UK Law Students’ Review – 2013 – Volume 1, Issue 2
sufficient gravity threshold, meaning that all instances of violence against women
during armed conflicts cannot be prosecuted by the ICC. 59
IV – Violence Against Men During Armed Conflicts
Although the discussion has thus far been focused on the violence that women are
subjected to during armed conflict, there has recently been a growing concern that the
gender-based violence that men face in wartime has been left largely undocumented
and ignored. Therefore, it is submitted that it is time to take a more synchronised
approach that incorporates the male victim into wartime sexual-violence discourse. 60
This is because it would add greater validity to the mission to end gender-based
violence in totum; whether it concerns a male or female victim. As DelZotto and
Jones rightfully state, the sexual violence suffered by men in wartime is no less
traumatic than that which affects women 61 , which is why a gender-neutral multidimensional
stance is necessary to help both men and women fight against sexual
violence in the future. 62
Sexual violence against men has taken place in all conflicts throughout history.
Different forms of male rape occur, such as forcing victims to rape fellow victims as
well as having objects inserted into their bodies. 63 Enforced sterilisation can also take
place, with castration and other forms of mutilation being a common occurrence. For
example, in Tadic 64 it was recalled how victims were forced to bite off other men’s
testicles and were forced to perform oral sex on other victims. In addition, men have
suffered from enforced nudity and enforced masturbation during conflicts. 65 The most
recent example of the former occurring is in Abu Ghraib where photographic proof
revealed how male detainees were forced to take off their clothes and wear women’s
underwear over their heads. They were also forcibly placed into sexually derogatory
positions whilst naked and were then photographed. 66 The main question is whether
or not it is sufficient for these cases to come under inhuman and degrading treatment/
torture, rather than under the separate category of gender-based violence? Although
claiming that these actions are torture would not be wrong, it could have the effect of
denying that men too, can be victims of gender-based violence.
Sexual violence against men takes place for the same reasons that sexual violence
against women occurs, which portrays a similarity between both forms of violence.
Male sexual violence is used to disempower the victim and to rob them of their
masculinity through sodomy, forced nudity and castrations. It is also used to assert
power and dominance over the individual in the same way that happens with violence
59 S. O’Connell (n54) 78-9.
60 A. DelZotto and A. Jones, ‘Male-on-Male Sexual Violence in Wartime: Human Rights’ Last
Taboo?’ accessed 4 April 2011.
61 Ibid.
62 S. Sivakurmaran, ‘Sexual violence against men in armed conflict’ (2007) 18 European Journal of
International Law, 260.
63 Ibid 263-4.
64 Prosecutor v Dusko Tadic, Opinion and Judgement, IT-94-I-T.
65 S. Sivakurmaran (n62)265-6.
66 Ibid 256.
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