Unrecognized victims : sexual violence against men in conflict settings under international law
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Wisconsin international law journal, Vol. 27, no. 1, 8/18/2009, p. 1-49
Dustin A. Lewis
The article assesses international law pertaining to sexual violence in conflict settings. It demonstrates that international instruments and customary international law have developed in ways that often exclude, whether explicitly or implicitly, men as a class of victims of sexual violence in armed conflict. Nonetheless, it details how prosecutors can use capaciously worded conventional and jurisprudential standards to pursue perpetrators of sexual violence against men in conflict settings, as constituent elements of genocide, crimes against humanity, and war crimes. The article concludes by suggesting that, to further enhance the protection international law provides to all victims of sexual violence, policy-makers should incorporate men explicitly into international instruments pertaining to sexual violence, and promote a jus cogens norm that encompasses all forms of sexual violence against women and men.