Reference :
V-F-CR-F-04197-A
Date :
17/06/2024
Title :
International humanitarian law and sexual violence.
Duration :
00:02:25
Confidentiality level :
public
Publication restrictions :
publication without restrictions
Production company :
ICRC
Description :
Cordula Droege, the ICRC's legal director, points out that international humanitarian law, also sometimes referred to as the law of war, prohibits sexual violence in all its forms. This prohibition applies to all parties and to all armed conflicts. The term ‘sexual violence’ refers to any act of a sexual nature committed against a person by force, threat of force or coercion. Coercion can have many causes, such as the threat of violence, situations of detention, psychological pressure or abuse of power. Rape is a specific form of sexual violence, but sexual violence also includes other acts, such as sexual slavery, forced prostitution, forced pregnancy or forced sterilisation.
Is sexual violence during armed conflict only prohibited when committed by military personnel? And only when committed against women?
Sexual violence in armed conflict is prohibited, regardless of the gender of the victim or the status of the perpetrator, whether civilian or military. And everyone is equally protected by this prohibition. Although women and girls make up the vast majority of victims and survivors, men and boys can also be victims of sexual violence.
What needs to be done to prevent and respond to sexual violence?
In the first place, the parties to the conflict have a duty of prevention. They must prevent sexual violence from occurring. This applies in particular to their armed forces and other persons or forces under their control, and the prohibition of sexual violence must form part of the training of armed forces. Secondly, international humanitarian law requires that people who have been subjected to sexual violence and who need medical assistance receive this care in the same way as all wounded and sick people, as far as possible, as quickly as possible and without discrimination. Finally, sexual violence is a war crime, which States must investigate and, if necessary, prosecute. They must therefore have appropriate criminal legislation enabling the perpetrators to be brought to justice.
Is there a gap in the implementation of IHL on the prohibition of sexual violence?
IHL prohibits sexual violence in armed conflicts and therefore provides a legal framework for preventing and responding to it. What is needed now is for these provisions to be implemented more effectively. In particular, states must ensure that national laws and institutions reflect these international obligations and create conditions that enable people affected by sexual violence to come forward.
Colour/B&W :
colour
SD/HD :
HD
Resolution :
1920 x 1080
Aspect ratio :
16/9
Original material/format :
H264
Best material/format available :
ProRes 422
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