Russian Use of Rape as a Weapon of War in Ukraine
By: Dr. Gregory P. Noone, Sindija Beta, and Ropes & Gray
Introduction
Numerous investigative reports into the Russian full-scale invasion of Ukraine since 2022 have documented extensive and shocking use of sexual and gender-based violence (“SGBV”) by Russian nationals against Ukrainian civilians, prisoners of war, and other detainees. Russia has long been responsible for a largely under-discussed and distressing amount of SGBV crimes, including rape. Russian SGBV atrocities have historically been especially brutal during World War II in Germany, as well as Afghanistan, Chechnya, and Georgia. Focus has recently turned to the question of how Russia could be held accountable for its use of SGBV as a weapon of war in Ukraine. Various sources of international law provide prohibitions on the use of SGBV during armed conflict, and there have been successful examples of holding individual perpetrators accountable under international criminal law in past conflicts.
As the Russian attacks on Ukraine continue unabated, it is appropriate to appraise the scale of SGBV committed, the international laws being breached, and the possible enforcement mechanisms.
The Geneva Conventions and international law prohibitions against SGBV
Russia is a signatory to the Geneva Conventions, the principal treaties that constitute International Humanitarian Law (also known as the Law of Armed Conflict) and provide protections to civilians, as well as combatants, who are out of the fight due to being sick, wounded, shipwrecked, or prisoners of war, from the hazards of armed conflict. Russia withdrew its ratification of the Additional Protocol I to the Geneva Convention in October 2019, which provided expanded protection to civilians as well as military and civilian medical workers. However, the Third and Fourth Geneva Conventions as well as Additional Protocol II, each of which Russia is still obligated to comply with, forbid the use of rape and sexual violence against civilians and prisoners of war.
Rape, and other forms of SGBV have, in the past, been understood to constitute torture, crimes against humanity, and war crimes. “Crime against humanity” and “war crimes” are international crimes defined under the Rome Statute of the International Criminal Court (“ICC”) and also form part of customary international law. Their inclusion in customary international law is relevant, given that Russia is not a signatory to the Rome Statute, yet is still legally bound by the customary international law prohibiting SGBV. Indeed, the United Nations Security Council – including Russia – unanimously adopted Resolution 1820, which states that “rape and other forms of sexual violence can constitute war crimes, crimes against humanity, or a constitutive act with respect to genocide.” Similarly, the international community has repeatedly recognized rape as a form of torture, which is prohibited under several provisions of international law.
All parties to international conflicts must respect and ensure respect for International Humanitarian Law by their armed forces and other persons or groups acting on their instructions, or under their direction or control. Russia has not ensured adherence to the law, but has in fact directed, encouraged, or at the very least tolerated, the use of sexual violence by its armed forces, which constitutes a grave violation of International Humanitarian Law.
Beyond the applicability of International Humanitarian Law to armed conflicts, there are International Human Rights Laws that also prohibit SGBV. Rape is also generally recognized as a form of legally prohibited gender discrimination. The International Covenant on Civil and Political Rights prohibits discrimination broadly. The Convention on the Elimination of All Forms of Discrimination against Women’s definition of discrimination is considered to include gender-based violence, which according to the UN Security Council (“UNSC”, “Security Council”), includes rape. Importantly, Russia is a party to the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, and a permanent member of the UNSC.
SGBV and rape in the Russian invasion of Ukraine
Since the start of the full-scale invasion of Ukraine by Russia on 24 February 2022, there have been widespread reports of rape and other sexual and gender-based violence committed by Russian armed forces against Ukrainian prisoners of war (at the end of 2024 there was an estimated 8,000 prisoners of war), other detainees, and civilians in Russian-occupied areas of Ukraine. In fact, a representative of the U.N. Secretary-General on Sexual Violence in Conflict reported that Russia has been using these rapes as a deliberate strategy of terror in Ukraine: “When you hear women testify about Russian soldiers equipped with Viagra, it’s clearly a military strategy” and “there is consensus today on the fact that rapes are used as a military tactic, a terror tactic.” A number of international organizations have conducted investigations to document this violence, including the UN Office of the High Commissioner for Human Rights (“OHCHR”), UN Human Rights Council, the Organization for Security and Co-operation in Europe (“OSCE”), and Human Rights Watch, among others.
SGBV and rape of prisoners of war / other detainees in the Russian invasion of Ukraine
The OSCE has, since July 2022, published six bi-yearly reports on violations of International Humanitarian Law and International Human Rights Law in Ukraine. The OSCE noted a consistent pattern of rape committed by Russian armed forces against Ukrainian prisoners of war and civilian detainees, and the threat of rape used to terrorize Ukrainian detainees during interrogation by Russian armed forces. Other forms of sexual violence by Russian armed forces included striking and electrocuting detainees’ genitals, coerced sexual acts, and threats of castration. As one former male Ukrainian prisoner of war reported: “[T]here wasn’t one day I wasn’t threatened with my genitalia being cut off.”
In late 2024, the OHCHR interviewed 32 Ukrainian prisoners of war between 1 September to 30 November 2024 who reported being subjected to sexual violence, including rape. One female prisoner of war reported that Russian law enforcement officers in a Russian-occupied area of Ukraine raped her almost daily for more than two months, purportedly to elicit information.
The Independent International Commission of Inquiry on Ukraine (“the Commission of Inquiry”) similarly reported on what it described as the “systematic use of sexual violence as a form of torture by Russian authorities in detention facilities.” The Commission of Inquiry collected evidence of sexual violence committed “in 41 detention facilities of various types in the Russian Federation and areas under Russian control in Ukraine,” including rape and attempted rape. Furthermore, a former Russian soldier told the Commission of Inquiry that such treatment of Ukrainian prisoners of war was “encouraged, or at a minimum tolerated, by higher-ups[.]”
Within the context of detention, many documented victims of rape and sexual violence have been male Ukrainian prisoners of war. However, in its latest report, the Commission of Inquiry reflected on the “particular vulnerability of female detainees to forms of sexual violence,” having reviewed numerous cases in which female Ukrainian prisoners of war and detainees were subjected to gang rape and other forms of violent torture by Russian soldiers.
SGBV and rape of civilians in the Russian invasion of Ukraine
Following Russian armed forces taking control of Ukrainian territories, there have been widespread reports of the rape of Ukrainian civilian men, women, and children by Russian armed forces. Sexual violence including rape has been especially prevalent in residential areas in the context of forced home searches and home visits. Victims of rape were frequently women in vulnerable situations – elderly, young, or women unable to flee due to care-giving responsibilities for elderly or disabled relatives. The OHCHR further reported that the actions of Russian soldiers suggested they did not fear accountability, visiting the same houses twice and participating in gang rapes with other Russian soldiers.
A recent New York Times article recounted a woman’s story of surviving a violent rape by a Russian solder. She now shares her story with other survivors as part of a growing community of Ukrainian women who suffered from SGBV as a result of Russia's armed aggression against Ukraine. In her story, she described how a Russian soldier came to her home late at night and hit her with the butt of his rifle several times, knocking out her front teeth. He then cut her abdomen with a knife and raped her on her couch. The Russian soldier left six hours later and said he would come back in two days and kill her. The article further recounted the story of two Russian soldiers pinning down, beating, and raping a local store owner in her front yard after the soldiers broke into her house and shot her husband.
The Kyiv Independent reported frequent instances of rape and gang rape in and around Bucha, a town in Kyiv province that had been occupied by Russian armed forces. The report explained that civilians were warned by some Russian soldiers not to let women out of the house to avoid being raped by other Russian soldiers. The Commission of Inquiry reported that, in March and April 2022, female civilians in Kyiv province, Kharkiv province, and Kherson province were raped, in some cases multiple times, at gunpoint, and/or for hours at a time.
Reports of rape have also included men and children as victims. The Commission of Inquiry reported that, in Kherson in August 2022, Russian soldiers raped and attempted to rape two male civilians using objects. The OHCHR documented twelve cases of sexual violence by Russian armed forces against Ukrainian children – ten girls and two boys. This included five cases of rape or gang rape of six girls between the ages of 13 and 17, and – in one instance – a soldier attempting to rape a mother in front of her three-year-old child.
Furthermore, Russia is likely using SGBV, including rape, as a tool to ethnically cleanse Ukraine. For example, Ukraine’s ombudsman for human rights reported a case in which “[a]bout 25 girls and women aged 14 to 24 were systematically raped during the occupation in the basement of one house in Bucha. Nine of them are pregnant[.] Russian soldiers told them they would rape them to the point where they wouldn't want sexual contact with any man, to prevent them from having Ukrainian children." Russia has a violent history of using rape as a tool for ethnic cleansing. In the Second Chechen War, Russian authorities knew that raping Chechen women not only terrorized survivors, but would carry a series of long-established social implications within Chechen society that meant almost certain death for Chechen women. Further, the death of Chechen mothers – the protectors of Chechen cultural norms – meant the eradication of the Chechen language and culture.
The true scale of the rape of civilians in Ukraine in residential areas occupied by Russian forces is likely to remain obscured for some time. However, reports documenting civilian testimonies have established a clear pattern of SGBV at the hands of Russian occupying forces. The head of the Ukraine team at Global Rights Compliance reported that “In several villages in the south we heard witnesses and survivors say that the Russian servicemen came in, occupied the village, and then looked specifically for the wives of Ukrainian soldiers, or their mothers or sisters.” As noted above, the behaviour of the Russian soldiers who raped Ukrainian civilians demonstrated a lack of concern that their peers or commanders would hold them accountable, and rape often occurred with the participation of numerous soldiers.
Institutions, organizations, and communities have begun to rally around SGBV survivors in Ukraine. The Association of Women’s Lawyers of Ukraine “JurFem” partnered with UN Women to launch the “JurFem: Support” initiative to provide free legal advice and bring cases to court on behalf of survivors. And SEMA Ukraine – an international community and advocacy organization – has emerged as a safe space for Ukrainian women who have suffered from Russian aggression and offers psychological, medical, legal, and financial support to survivors.
Enforcement mechanisms against the systematic use of rape as a weapon of war
International law provides mechanisms for holding both individuals and states accountable for violations of international law. The International Court of Justice (“ICJ”), for instance, can hear disputes between states for violating conventions of international law that implicate rape. Ukraine could bring a case against Russia before the ICJ, as it did in a 2017 case concerning terrorism financing and racial discrimination.
Further, the ICC can exercise jurisdiction against a country that is not a party to the Rome Statute, such as Russia, if the alleged crimes occurred in the territory of a member state, such as Ukraine (although in Ukraine’s case, the ICC jurisdiction has been based on the two declarations it submitted accepting the Court’s jurisdiction since 2013). For instance, the ICC prosecutor exercised ad hoc jurisdiction over Russia’s actions in Ukraine in February 2022 by opening an investigation that resulted in an ICC arrest warrant for Russian President Vladimir Putin in 2023. Other potential venues for justice include the European Court of Human Rights, ad hoc tribunals, like the Special Tribunal for the Crime of Aggression against Ukraine, which is being widely discussed, and special courts. Finally, such crimes can also be prosecuted in local Ukrainian courts – in 2022, the first trial of a Russian soldier for rape was held in absentia.
However, enforcement through these mechanisms has not ended the perpetration of sexual violence in armed conflicts. The ICJ and ICC rely on the cooperation of states and the UNSC to ensure compliance with court orders. However, Russia uses its veto power as a member of the Security Council to block any action to stop its aggression against Ukraine, and the courts’ reliance on state cooperation enables powerful states like Russia to evade accountability. These political realities undermine efforts to enforce Russia’s compliance with international court orders.
In addition to difficult political realities, there are other profound difficulties with securing justice for the victims of rape and other forms of SGBV in Ukraine. Identifying perpetrators and securing physical evidence (including medical and DNA evidence) is often very challenging. Reporting rape is particularly difficult where thorough investigations would rely on both the cooperation of occupying Russian forces, and the confidence of victims to report the crimes of Russian soldiers who may still be present in the region. Even upon liberation, perpetrators usually fled the area or otherwise made detainment difficult.
If individual perpetrators cannot be identified, the doctrine of command responsibility may allow for superior officers who knew or should have known of the commission of rape and other offences to be held to account. As stated in Article 86 of the Additional Protocol I to the Geneva Convention, “[t]he fact that a breach [] was committed by a subordinate does not absolve his superiors from penal or disciplinary responsibility, as the case may be, if they knew, or had information which should have enabled them to conclude [], that he was committing or was going to commit such a breach and if they did not take all feasible measures within their power to prevent or repress the breach.” Article 86 supports the notion that evidence of negligence and/or willful blindness by superiors as to rape and SGBV can be provided in prosecution. Further, such evidence can be provided in prosecution even where evidence as to a particular individual is insufficiently available to prosecute that individual who directly committed the act(s).
Conclusion
Several investigative and human rights mechanisms have reported detailed accounts of Russian soldiers perpetuating systematic sexual violence and rape against Ukrainian prisoners of war and civilians as part of Russia’s military “strategy” in Ukraine. This shocking use of SGBV violates long-standing international law with which Russia has explicitly agreed to comply. Despite obstacles to prosecution, several legal venues, including the ICJ, ICC, and ad hoc tribunals, provide Ukraine the opportunity to pursue justice on behalf of SGBV survivors, and international communities and organizations have stepped forward to provide survivors with legal and financial support.
As the sexual torture of Ukrainian prisoners of war and civilians persists, it is imperative that the international community continue to document SGBV crimes and rapes by Russian soldiers and consider tailored solutions, such as the establishment of a special tribunal, to prosecute Russian war crimes and crimes against humanity involving SGBV and rape.