Sexual Violence During Armed Conflict: Institutional & Judicial Responses
Author(s)
Pilch, Frances T.
Abstract
While crimes involving sexual violence against women have always been present during internal and international conflicts, they are increasingly acknowledged and addressed by international actors and institutions. Developments in this area have been truly revolutionary and multifaceted. First, relief organizations, including those dealing with refugees, have developed some means of responding to issues concerning sexual violence. Where none existed before, or existed only informally, now international institutions have tried to develop rational and compassionate responses to rape and the consequences of rape, notably unwanted pregnancies. Second, those responsible for the security of refugees have had to more openly confront issues concerning protection of vulnerable women and children, particularly during transitional periods involving displacement and within camps. Third, the jurisprudence of the International Criminal Tribunals for Yugoslavia and Rwanda has addressed crimes of sexual violence, and has clarified the relationship between rape, torture and genocide. The debate concerning the rights of victims versus the rights of defendants has emerged in the course of the work of the tribunals. Finally, the potential devastation of whole communities, not just through armed conflict but also through sexual violence, has been explored by jurists and scholars, as has the role of sexual violence in the myths and symbols of conflict between communities. These four areas, in which considerable change has occurred, will be addressed in this article.
