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Home > Main Library > Human Rights > Discrimination > Women: discrimination/violence against > Discrimination/violence against women: standards, mechanisms and commentary

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Discrimination/violence against women: standards, mechanisms and commentary

Individual Documents

Date of publication: 24 September 2013
Language: English
Source/publisher: United Nations
Format/size: pdf (254K)
Alternate URLs: http://en.wikipedia.org/wiki/UN_Action_Against_Sexual_Violence_in_Conflict
Date of entry/update: 07 June 2014

Title: An examination of the usage of systematic sexual violence as a weapon of warfare and tool of repression in non-international armed conflicts
Date of publication: 06 October 2000
Description/subject: "In 1994, the United Nations Special Rapporteur on Violence Against Women stated, “[rape] remains, the least condemned war crime; throughout history, the rape of hundreds of thousands of women and children in all regions of the world has been a bitter reality.” Despite the pervasiveness of sexual violence during periods of armed conflict, rape and other forms of sexual violence have traditionally been mischaracterized as private acts, the unfortunate but inevitable behaviour of individual soldiers. The revelations of the existence of ‘rape camps’ in Bosnia-Herzegovina, dramatically altered the awareness of systematic sexual violence against women as a facet of warfare. It has become recognised that sexual violence is not purely an unfortunate ancillary effect of armed conflict but rather a tool by which the civilian population is terrorized, dominated, driven from their homes and destroyed. However, although the rapes in Bosnia-Herzegovina and Croatia have attracted a wealth of academic discussion and analysis, numerous other occurrences of widespread and systematic sexual violence have received comparatively little attention. This paper will focus on the systematic use of sexual violence against women in situations of non-international armed conflict, due to both the prevalence of internal conflicts in recent history, and the relative lack of legal provisions of international humanitarian law which apply to conflicts of this nature. The discussion will focus on the use of sexual violence as both a weapon of warfare, i.e. in order to actively achieve a specific political or military objective, and as a form of heinous repression by which the civilian population is dominated, though in practice the distinction between the two concepts may be somewhat fine. It is of the utmost importance to recognise that sexual violence happens systematically. It is only through acknowledging and responding to the occurrence of organised and strategic sexual violence that senior political and military officials can be held accountable. The term systematic is not used to denote the invention of a new crime, but rather to describe certain forms of sexual violence which have been deliberately planned or officially sanctioned by senior military or government figures for the achievement of a specific objective. Part One of the paper will detail the systematic use of sexual violence, in relation to internal armed conflicts and will outline the various purposes which sexual violence has been intended to achieve. Particular emphasis will be given to the conflicts in Peru, Rwanda and Kosovo, though the conflicts in Kashmir Sierra Leone, Liberia and Chechnya are also particularly pertinent to the discussion. Although the characterisation of the conflict in the former Yugoslavia has been the subject of varying determinations by the International Criminal Tribunal for the Former Yugoslavia (ICTY) and is considered by several academics as having been both an international and a non-international conflict, the details of the mass rape which occurred in Bosnia-Herzegovina have been well documented and will not be discussed in depth. Part One will also examine the factors which fuel systematic rape, with particular regard to the promulgation of gender and ethnicity based stereotypes and propaganda. Sexual violence in situations of armed conflict amounts to a clear breach of international law. Part Two will consider the importance of the fact that sexual violence has occurred systematically for the characterisation of such acts as violations of international humanitarian law and international human rights law. In this respect, the adequacy of international humanitarian law in relation not only to the physical victims but also to the witnesses of sexual violence warrants analysis, as sexual violence of this nature is often intended to cause harm to those other than the physical victims. Part Two will also examine the characterisation of rape as a crime against humanity and will analyse the genocidal rape discourse which has evolved following the conflicts in the former Yugoslavia..."
Author/creator: Bob Last
Language: English
Source/publisher: University of Nottingham School of Law (Dissertation)
Format/size: html (348K)
Date of entry/update: 19 July 2004

Title: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Date of publication: 18 December 1979
Description/subject: Adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979; entry into force 3 September 1981. For the jurisprudence under the Convention, visit the site of CEDAW Committee. Myanmar accession: 22 July 1997.
Language: English, Francais, Espanol, Russian, Arabic, Chinese
Source/publisher: United Nations
Format/size: html
Alternate URLs: http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
Date of entry/update: 03 June 2003

Title: Special Rapporteur on Violence Against Women, UNHCHR Page
Date of entry/update: 03 June 2003