Masterarbeit, 2016
31 Seiten, Note: 4.5/6
Introduction
Chapter 1: The Context of Sexual Violence in Armed Conflict
Chapter 2: Legal Protection Afforded in Sexual Violence in Armed Conflict
Chapter 3: Reasons Leading to Impunity for SGBV Crimes
Conclusion
This paper examines the persistent issue of sexual violence against girl children during armed conflicts, analyzing the recurring patterns of perpetration, the legal frameworks intended to provide protection, and the structural factors that perpetuate widespread impunity.
PERPETRATORS
The perpetrators are non-state armed groups, state armed groups, UN peacekeepers and civilians. In Colombia for example, the Constitutional Court acknowledged that all the actors in the armed conflict participate in this practice. In DRC, half of the perpetrators are armed groups and half state armed forces. In eastern DRC, there is a huge number of armed groups committing sexual violence, abducting women making them their sex slaves. In CAR armed groups practice forced recruitment, sexual slavery and forced marriage against girls and women.
One of the problems in DRC is that the government integrated many armed groups that had committed many violations into the state armed forces. As a result, the majority of the convictions by military courts since 2011 go against state armed forces. Indeed, according to HRW, the DRC state forces are responsible for “some of the worst abuses over the past two decades”, so it is not surprising that 73% of those convicted by military courts for sexual violence were FARDC members. In Colombia, according to the Ombudsman, the State security forces commit sexual violence taking advantage of the situation of outbreak, and not as a war tactic. It is also of concern for the CRC for Colombia (2015) that many times, the perpetrators of crimes of sexual violence against children are their own family members. Lastly, the reported behaviour of UN peacekeepers in MONUSCO in DRC and MINUSCA in CAR of sexual abuse of children is also worrying.
Introduction: Provides an overview of the dangerous reality for women and girls in modern conflicts and establishes the paper's focus on the disproportionate impact on girl children.
Chapter 1: The Context of Sexual Violence in Armed Conflict: Describes the global prevalence of sexual violence, highlighting it as a systematic war tactic and documenting the alarming statistics regarding child victims.
Chapter 2: Legal Protection Afforded in Sexual Violence in Armed Conflict: Outlines the international and domestic legal frameworks, including humanitarian and human rights law, designed to prevent sexual violence and punish perpetrators.
Chapter 3: Reasons Leading to Impunity for SGBV Crimes: Analyzes the structural and circumstantial factors, such as corruption and social stigma, that prevent effective prosecution and justice for survivors.
Conclusion: Summarizes the findings, arguing that the primary issue is not a lack of legislation but a profound failure in enforcement and political will, and offers recommendations for reform.
Sexual violence, armed conflict, girl children, impunity, human rights, international humanitarian law, war crimes, DRC, Colombia, sexual slavery, accountability, gender-based violence, transitional justice, state forces, victim protection.
The work primarily addresses the widespread and systematic nature of sexual violence against girls during armed conflicts and the prevailing lack of accountability for these crimes.
The book covers the tactical use of sexual violence in war, the legal mechanisms for protection under international and domestic law, and the complex socioeconomic and political reasons behind the high levels of impunity.
The research explores why, despite existing legal protections, sexual violence against girl children remains an endemic feature of armed conflict with near-total impunity for perpetrators.
The author employs a comparative legal analysis and policy review, utilizing reports from international organizations, judicial tribunals, and human rights NGOs to evaluate the enforcement of laws in specific conflict zones like the DRC and Colombia.
It details the patterns of sexual violence, the status of legal protections in different jurisdictions, and an analysis of structural barriers—such as corruption and social stigma—that hinder the prosecution of these crimes.
The study is characterized by terms such as impunity, SGBV, armed conflict, girl children, international humanitarian law, and judicial reform.
The author identifies military jurisdiction as a frequent loophole for impunity, noting that military courts often shield high-ranking officers and fail to prosecute crimes effectively due to political pressures and institutional self-interest.
Social stigma creates a "permissive context" where victims are often blamed, rejected by their families, or pressured to marry their perpetrators to avoid "dishonor," which effectively silences them and prevents legal action.
Laws are often ineffective due to a lack of resources, endemic corruption, political unwillingness to prosecute state actors, and the absence of victim-friendly reporting mechanisms that account for the specific needs of children.
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