Simranjeet Kaur, Amity Law School, Noida
ABSTRACT
Rape and sexual violence during wars is a very old tactic or strategy to threaten and embarrass the enemies. It is there in the history from a very long time. Sexual violence is not really related to sexual desire in the situations of armed conflicts rather it is linked to power, dominance and abuse of authority. The crime of sexual violence during warfare is not only limited to the women and children but men and young boys are also vulnerable to the same. The consequences of sexual violence are very severe for the victims themselves because of the physical and psychological trauma, but also for their family members who face the similar possible trauma and guilt of not protecting their own. International Humanitarian Law, International Criminal Law and the Human Rights prohibits the practice of any form of sexual violence during situations of wars and provides for the individual criminal liability of sexual violence’ perpetrators. However, to punish the perpetrators is not that easy as it seems. The International Criminal Court has the jurisdiction to try and prosecute the perpetrators of sexual violence during armed conflicts but it also has its own limits.
Keywords: sexual violence, armed conflict, ICC, warfare, International Humanitarian Law
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