This paper discusses the possibility of rape as a war crime and also the possibility of rape as genocide crime. Thus, it seeks to demonstrate the possibility of treaty this act framed in individual crime as a crime against humanity, when the rape aims to exterminate human groups. It is based on one accomplishment of feminist criminology as a means of considering the woman in her humanity in the context of crime, ensuring, that way, the visualization of the exclusion situation which she is a victim of, both in the context of armed conflict, and in peacetime too. From the study of rape considered as crime against humanity, of