Article: Sexual violence against women during non-international armed conflicts Journal: International Journal of Public Law and Policy (IJPLAP) 2023 Vol.9 No.2 pp.175 - 187 Abstract: Sexual violence against women has long been recognised as a crime in armed situations, but human rights discourse and international humanitarian law (IHL) have ignored this (Kutlu, 2014). Women have been referred to as 'spoils of war'. Although women's violence is not new, the nature and scale of sexual violence against women have increased in recent years. Women are used as military weapons, and rape is considered a dreadful by-product (Buchowska, 2016). Women have always been considered sex slaves, with their bodies serving as 'comfort zones' (de Sousa Santos et al., 2010). In today's scenario, where the conflicts are between states or within state armed groups (Paulus and Vashakmadze, 2009). Until World War II, disputes were global (between two countries), but now we have conflicts within territory or governments and internal rebels. This study has been broken into three sections. and violence against them. The first section of this study examines whether international humanitarian law sufficiently defines sexual violence (IHL). This section examines how armed conflicts are classed and defined. The third segment examines violence against women in armed conflicts, particularly non-international wars, in light of IHL and women's legal obligations. Inderscience Publishers - linking academia, business and industry through research

Title: Sexual violence against women during non-international armed conflicts

Authors: C. Fowmina; C. Rabbiraj

Addresses: VIT School of Law, Chennai, Tamil Nadu, 600127, India ' VIT School of Law, Chennai, Tamil Nadu, 600127, India

Abstract: Sexual violence against women has long been recognised as a crime in armed situations, but human rights discourse and international humanitarian law (IHL) have ignored this (Kutlu, 2014). Women have been referred to as 'spoils of war'. Although women's violence is not new, the nature and scale of sexual violence against women have increased in recent years. Women are used as military weapons, and rape is considered a dreadful by-product (Buchowska, 2016). Women have always been considered sex slaves, with their bodies serving as 'comfort zones' (de Sousa Santos et al., 2010). In today's scenario, where the conflicts are between states or within state armed groups (Paulus and Vashakmadze, 2009). Until World War II, disputes were global (between two countries), but now we have conflicts within territory or governments and internal rebels. This study has been broken into three sections. and violence against them. The first section of this study examines whether international humanitarian law sufficiently defines sexual violence (IHL). This section examines how armed conflicts are classed and defined. The third segment examines violence against women in armed conflicts, particularly non-international wars, in light of IHL and women's legal obligations.

Keywords: international humanitarian law; IHL; sexual violence; women and belligerency; United Nations Security; non-international armed conflicts; NIACs; crime against women; international tribunals; International Tribunal for the Former Yugoslavia; ICTY; International Criminal Tribunal for Rwanda; ICTR; International Criminal Court; ICC.

DOI: 10.1504/IJPLAP.2023.130005

International Journal of Public Law and Policy, 2023 Vol.9 No.2, pp.175 - 187

Received: 17 Feb 2022
Accepted: 31 Mar 2022
Published online: 04 Apr 2023 *

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Title: Sexual violence against women during non-international armed conflicts

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