A/HRC/47/26 in its judgment the Tokyo Tribunal recorded that approximately 20,000 cases of rape had occurred in the city of Nanking during the first month of its occupation.34 38. A major legal development under humanitarian law was the adoption in 1949 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War (the Fourth Geneva Convention). Rape is explicitly prohibited under article 27: “Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.” Though this represented an important step forward in making visible the crime of rape as a violation of international humanitarian law, its wording reflects a patriarchal view of rape as a crime against the morals of women rather than a crime against the person and their physical integrity. 39. The Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), adopted in 1977, largely repeats article 27 of the Fourth Geneva Convention in its article 76, but omitting the word “honour”. Article 75 includes the prohibition of any distinction based, inter alia, on “sex”, and of acts including “outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault”, whether committed by civilian or by military agents. In Protocol II Additional to the Geneva Conventions of 12 August 1949, article 4 prohibits “outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault”. 40. The next important legal developments took place in 1993 and 1994, with the recognition of rape in the context of conflict as a crime against humanity in the establishment of two ad hoc international war crimes tribunals. In May 1993, the International Tribunal for the Former Yugoslavia was established by the Security Council in its resolution 827 (1993), which contained the first ever condemnation by the Security Council of rape in war. 41. The following year, in 1994, the International Criminal Tribunal for Rwanda was established. Both courts, under their respective statutes, have explicit jurisdiction over rape. The Statute of the International Tribunal for the Former Yugoslavia in its article 5 (g) and the Statute of the International Criminal Tribunal for Rwanda in its article 3 (g) identify rape as a separate crime under crimes against humanity, but without defining it. 42. According to the first Prosecutor of the International Tribunal for the Former Yugoslavia: “Substantively, one of the problems we faced in charging rape as a war crime was the absence of any definition of that crime.”35 43. Since international law at that time did not define rape, it was the jurisprudence of those tribunals that provided the definitional elements of rape as an international crime. The first case of rape that was found to constitute a crime against humanity was in the judgment of the International Criminal Tribunal for Rwanda in the case Prosecutor v. Akayesu in 1998.36 The accused was convicted of rape as a crime against humanity, and the rapes, which had been condoned and encouraged by Akayesu, were further found to amount to the crime of genocide. The Tribunal also recognized that rape and sexual violence constituted were among the worst ways of inflicting harm on the victim, “as he or she suffers both bodily and mental harm”.37 44. In this case, the Tribunal acknowledged that there was no commonly accepted definition of the crime of rape in international law and defined it as “a physical invasion of a sexual nature, committed on a person under circumstances which are coercive”. 38 The Tribunal noted that coercive circumstances did not need to be evidenced by a show of 34 35 36 37 38 8 The former Special Rapporteur recommended that the Japanese Government take legal responsibility for the “comfort women” system that existed in Japan during the Second World War (see, for example, E/CN.4/1996/53/Add.1 and Corr.1). Richard J. Goldstone, “Prosecuting rape as a war crime”, Case Western Reserve Journal Of International Law, vol. 34, No. 3 (2002), p. 283. International Criminal Tribunal for Rwanda, Prosecutor v. Akayesu, Case No. ICTR-96-4-T, Judgment, 2 September 1998. Ibid., para. 731. Ibid., paras. 686 and 688.