The penalty for such a crime in many jurisdictions was death or castration. The rape of a black woman, by any man, was considered legal. As early as the 19th century, American women were criticized if they "stray[ed] out of a [dependent] position...fought off [an] attacker...[or] behaved in too self reliant a manner..." in which case "the term rape no longer applied". In 1998, Judge Navanethem Pillay of the International Criminal Tribunal for Rwanda said: "From time immemorial, rape has been regarded as spoils of war. Now it will be considered a war crime. We want to send out a strong message that rape is no longer a trophy of war." In "Aydin v Turkey", the European Court of Human Rights (ECHR) ruled for the first time that rape amounts to torture, thus violating article 3 of the European Convention on Human Rights. It stated, "Rape of a detainee by an official of the State must be considered to be an especially grave and abhorrent form of ill-treatment given the ease with which the offender can exploit the vulnerability and weakened resistance of his victim." In "M.C. v Bulgaria", the Court found that the use of violence on the part of the perpetrator is not a necessary condition for a sexual act to be qualified as rape. It stated, "Indeed, rapists often employ subtle coercion or bullying when this is sufficient to overcome their victims. In most cases of rape against children, violence is not necessary to obtain submission. Courts are also recognizing that some women become frozen with fear at the onset of a sexual attack and thus cannot resist." Rape, in the course of war, dates back to antiquity, ancient enough to have been mentioned in the Bible. The Israelite, Persian, Greek and Roman armies reportedly engaged in war rape. The Mongols, who established the Mongol Empire across much of Eurasia, caused much destruction during their invasions. Historian Jack Weatherford said that the earliest incident of mass rape attributed to Mongols took place after Ogodei Khan sent an army of 25,000 soldiers to North China, where they defeated an army 100,000. The Mongols were said to have raped the surviving soldiers at the command of their leader. Ogodei Khan was also said to have ordered mass rapes of the Oirat. According to Rogerius of Apulia, a monk who survived the Mongol invasion of Hungary, the Mongol warriors "found pleasure" in humiliating local women.