4. Responsibility to Protect or Prevent? Victims and Perpetrators of Sexual Violence Crimes in Armed Conflicts

2012 ◽  
Vol 4 (2) ◽  
pp. 154-171 ◽  
Author(s):  
Inger Skjelsbæk

The main argument in this article is that the academic as well as policy related focus on sexual violence has brought women’s concerns to the table of international security concerns, namely to the United Nations Security Council through a number of resolutions in recent years. This has been important in order to create better protection measures and bring women’s agency to the forefront of political concern. However, the woman centered focus on protection measures might have overshadowed the role of the perpetrators of sexual violence crimes and the need to focus on prevention measures.


2021 ◽  
Vol 37 (1) ◽  
pp. 15-33
Author(s):  
Ali Bitenga Alexandre ◽  
Kitoka Moke Mutondo ◽  
Juvenal Bazilashe Balegamire ◽  
Amini Emile ◽  
Denis Mukwege

2013 ◽  
Vol 13 (3) ◽  
pp. 665-695 ◽  
Author(s):  
Solange Mouthaan

This article will discuss the manner in which international law deals with crimes of sexual violence committed against men during armed conflict. To date sexual violence against men has received little attention from the international community; instead its focus is almost exclusively on women, yet in armed conflicts across the world, sexual violence is also perpetrated against men. The example of torture demonstrates the current weaknesses in the relevant provisions for acts of sexual violence generally, and acts of sexual violence committed against men specifically. I argue that international criminal tribunals should address sexual violence more broadly, including against men. However, rather than to adopt a piecemeal approach differentiating between acts of sexual violence suffered by men and women, the experiences of men of sexual violence in armed conflict should be used to contribute to understanding the broader issue of gender-based crimes, of which sexual violence forms part.


2009 ◽  
Vol 10 (1) ◽  
pp. 93-114 ◽  
Author(s):  
Regina Kreide

We rarely witness wars between states anymore but this does not mean that there are fewer conflicts or less injustice worldwide. The contrary is true. More people than ever have become a victim of civil wars, other sub-state armed conflicts and genocide during recent years. The international community disagrees about how to react to gross human rights violations that occur in the course of these “new wars”: whereas some think this is a genuine task for the United Nations, others stress the argument of unrestrained national sovereignty as essential condition for international peace. Despite unceasing contestation, foreign interventions are nevertheless increasingly seen as an appropriate response to this kind of armed domestic conflicts – at least under certain conditions. The latest testimony in this direction is the emergence of an intense international debate over the “responsibility to protect”, which seeks to justify military invention in cases of a severe violation of individual negative rights of freedom.


Author(s):  
Remzije Istrefi ◽  
Arben Hajrullahu

Abstract This article examines challenges in seeking justice for Conflict-Related Sexual Violence (crsv) survivors in Kosovo. It analyses the roles and responsibilities of international missions and how deficiencies impact the prosecution and adjudication of crsv by Kosovo’s justice system. A key question is why two decades after the 1998–1999 war in Kosovo survivors of crsv cannot find justice? The end of the international mandates, the large number of war crime cases transferred, unfinished files, and the necessity for specific expertise in handling the gender-based violence are some of the existing challenges which undermine the prosecution and adjudication of crsv in Kosovo. The International Criminal Tribunal for the former Yugoslavia (icty) established accountability for sexual violence in armed conflicts. This article seeks to scaffold the icty experience by developing an accurate and comprehensive understanding of the nature of crsv and by examining its impact on survivors and victims’ alike. This paper then explores how a contexualist interpretation of international and domestic criminal law provisions can prioritise the prosecution of crsv amid other pressing needs in Kosovo.


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