Article

Sexual violence during armed conflict and reparation : paying due regard to a unique trauma

Mispa Roux

• African yearbook on international humanitarian law, 2014, p. 87-110

English

The International Criminal Tribunals for Rwanda and the Former Yugoslavia resulted in the first international criminal jurisprudence recognizing the use of sexual violence as a weapon of warfare and the concept of genocidal rape. The author examines whether the contributions of the Tribunals, international discourse, conventional, and case law, have made significant and lasting improvements in protection of and reparation for victims. As a weapon of war, the impact of sexual violence is particularly severe. In addition to the lasting trauma inflicted on individual survivors, this type of violence impacts whole societies by creating “secondary survivors”, as intimate partners, family, and group members share victims’ suffering. The author examines the motivation, nature, and consequences of these crimes, protection of victims and their rights, and available legal remedies. In addition to individual culpability, states bear international obligations to make reparations following any internationally wrongful acts during armed conflicts. For all forms of remediation, the aim is to move toward reversing the consequences of the act through reparation. As complete restitution is impossible, it is extremely important that acts of reparation acknowledge crimes in a symbolic manner - in order to restore survivors’ dignity - in addition to providing tangible relief, such as compensation damages and rehabilitation. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• African yearbook on international humanitarian law
• African yearbook on international humanitarian law [2014]