Women in Armed Conflict: The Use of Sexual Violence as a Method of Warfare under International Humanitarian Law

Abstract

Conflict-Related Sexual Violence (CRSV) and its implication specifically against women that is beyond an opportunistic conduct, have presented the needs for legal recognition in the international framework, with the central role of the United Nations (UN) and the International Criminal Court (ICC) in the enforcement. Hence, the abandonment of CRSV in the World War II prosecution have reflected the existence of arising challenges to prevent and end impunity, yet it serves as the catalyst for widespread recognition by global community. With normative legal research focusing on three main approaches, particularly historical, statutory, and case approach, analyzing the historical context, established treaties, and evolving jurisprudence with relevancy to CRSV. The research reveals on the huge potential possessed by the existing legal frameworks, considering the evolution and stronger acknowledgment given towards this matter, although it has not yet been completely delivered the whole intended purposes. The challenges vary from structural, institutional, and domestic system, which gaps persisted through years. Further, it constantly hinders the legal enforcement, accountability mechanism, and perpetuate CRSV. Nevertheless, although the frameworks have quite delivered a prominent recognition, it simultaneously presented the needs for stronger normative and policy framework with explicit enforcement mechanisms to prevent and fight against the perpetuation of CRSV.