Mind the Gap: Conflict-Related Sexual Violence and the Obligations of Armed Non-State Actors Under International Law
(2021) LAGM01 20211Department of Law
Faculty of Law
- Abstract
- War has changed. Since the Second World War, State monopoly on resort to violence has been significantly subverted. Instead, contemporary armed conflict witnesses the pervasiveness of armed non-State actors and the threat they pose to peace, security and human rights. Simultaneously, conflict- related sexual violence is a pervasive practice in contemporary conflicts, of which armed non-State actors are the major perpetrators. These interlinkages are obvious on the battlefield, but not reflected in a coherent approach under international law. The present thesis examines this connection: the definition of conflict-related sexual violence and how it corresponds to obligations of armed non-State actors under international law.
This thesis... (More) - War has changed. Since the Second World War, State monopoly on resort to violence has been significantly subverted. Instead, contemporary armed conflict witnesses the pervasiveness of armed non-State actors and the threat they pose to peace, security and human rights. Simultaneously, conflict- related sexual violence is a pervasive practice in contemporary conflicts, of which armed non-State actors are the major perpetrators. These interlinkages are obvious on the battlefield, but not reflected in a coherent approach under international law. The present thesis examines this connection: the definition of conflict-related sexual violence and how it corresponds to obligations of armed non-State actors under international law.
This thesis argues that the approach to conflict-related sexual violence and the approach to armed non-State actors is fragmented under international law, resulting in discrepancies affecting the protection of victims and survivors of conflict-related sexual violence perpetrated by armed non-State actors. After contextualising contemporary armed conflicts and the problems elevated with regards to conflict-related sexual violence and armed non-State actors, this thesis examines the definition of conflict-related sexual violence in relation to norms of international law. Specifically, the definition of conflict-related sexual violence is contrasted to the corresponding proscriptions of rape and sexual violence under international humanitarian law, international criminal law and international human rights law applicable to armed non-State actors.
This thesis concludes that there are discrepancies between the definition of conflict-related sexual violence and the corresponding proscriptions of international humanitarian law and international criminal law. This has particular consequences when the perpetrator of conflict-related sexual violence is an armed non-State actor, as the source, content and scope of armed non-State actors’ obligations under international human rights law is an uncertain and still-evolving field of international law. This affects the obligations and accountability of armed non-State actors under international law, and ultimately also the protection afforded to victims and survivors of conflict-related sexual violence under international law. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9061349
- author
- Dalman, Julia LU
- supervisor
- organization
- course
- LAGM01 20211
- year
- 2021
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Conflict-Related Sexual Violence, Armed Non-State Actors, International Humanitarian Law, International Human Rights Law, International Criminal Law, Gender
- language
- English
- id
- 9061349
- date added to LUP
- 2021-07-12 12:59:08
- date last changed
- 2021-07-12 12:59:08
@misc{9061349,
abstract = {{War has changed. Since the Second World War, State monopoly on resort to violence has been significantly subverted. Instead, contemporary armed conflict witnesses the pervasiveness of armed non-State actors and the threat they pose to peace, security and human rights. Simultaneously, conflict- related sexual violence is a pervasive practice in contemporary conflicts, of which armed non-State actors are the major perpetrators. These interlinkages are obvious on the battlefield, but not reflected in a coherent approach under international law. The present thesis examines this connection: the definition of conflict-related sexual violence and how it corresponds to obligations of armed non-State actors under international law.
This thesis argues that the approach to conflict-related sexual violence and the approach to armed non-State actors is fragmented under international law, resulting in discrepancies affecting the protection of victims and survivors of conflict-related sexual violence perpetrated by armed non-State actors. After contextualising contemporary armed conflicts and the problems elevated with regards to conflict-related sexual violence and armed non-State actors, this thesis examines the definition of conflict-related sexual violence in relation to norms of international law. Specifically, the definition of conflict-related sexual violence is contrasted to the corresponding proscriptions of rape and sexual violence under international humanitarian law, international criminal law and international human rights law applicable to armed non-State actors.
This thesis concludes that there are discrepancies between the definition of conflict-related sexual violence and the corresponding proscriptions of international humanitarian law and international criminal law. This has particular consequences when the perpetrator of conflict-related sexual violence is an armed non-State actor, as the source, content and scope of armed non-State actors’ obligations under international human rights law is an uncertain and still-evolving field of international law. This affects the obligations and accountability of armed non-State actors under international law, and ultimately also the protection afforded to victims and survivors of conflict-related sexual violence under international law.}},
author = {{Dalman, Julia}},
language = {{eng}},
note = {{Student Paper}},
title = {{Mind the Gap: Conflict-Related Sexual Violence and the Obligations of Armed Non-State Actors Under International Law}},
year = {{2021}},
}