Sexual Violence in Armed Conflict: Prosecutorial Strategy of the International Criminal Court and Persistent Obstacles
Sexual Violence in Armed Conflict: Prosecutorial Strategy of the International Criminal Court and Persistent Obstacles
Author(s): Bushrat JahanSubject(s): Gender Studies, Law, Constitution, Jurisprudence, History of Law, Criminal Law, International Law, Human Rights and Humanitarian Law, Studies in violence and power
Published by: Univerzita Komenského v Bratislave
Keywords: Sexual Violence; Armed Conflict; International Criminal Court (ICC); Prosecutorial Strategy; Victims
Summary/Abstract: When we think about weapons of war, guns, bullets, and bombs come to our mind, not rape or sexual violence. But rape does more than just wound, it is a military strategy used to deny and destroy the identity of a targeted community. Historically, sexual violence in armed conflicts was considered a byproduct of war, simply as unrestrained sexual behaviour amid lawlessness and a breakdown of societal infrastructure. By digging deeper into the aims and intentions, sexual violence developed into a strategic tool of discrimination and hate, and a weapon of warfare, largely targeted at humiliation, torture, demoralisation, and individual or collective shaming. This article will discuss the evolution of recognising sexual violence as a crime from ancient times, when it was not a crime at all. By spotlighting these facts, this article will define a comprehensive understanding of sexual violence acts in armed conflict considered as a crime. There will be a discussion on the International Criminal Court (ICC)’s prosecutorial strategy on perpetrators and some existing obstacles of the ICC in addressing and charging sexual violence.
Journal: Bratislava Law Review
- Issue Year: 9/2025
- Issue No: 2
- Page Range: 229-242
- Page Count: 14
- Language: English
