The question was whether legally a rape can also be charged as torture in context. The ruling was that all rapes that can be brought to the ICC are automatically torture, or else they would not have reached the ICC. That isn't saying that non-political rapes aren't tortuous, or that non-political rapes occur, it's that in the context of repression, all political rapes are just another form of torture and so deserve two different criminal charges, rape and torture.
I think that was the best decision because rape is a subset of torture.

This blogger has the in-depth story if any feminists or lawyers here are interested:
 http://bechamilton.com/?p=787

If her blog disappears, the ICC decision she references is:
 http://www.icc-cpi.int/iccdocs/doc/doc699541.pdf