Conflict-Related Sexual Violence and the Accountability Gap in Africa’s Regional Human Rights Architecture

Author: Selamawit Tsegaye Lulseged
International Human Rights Professional

Introduction

Conflict-Related Sexual Violence (CRSV) remains one of the most serious yet under reported and prosecuted violations of international human rights and humanitarian law. The term “Conflict-Related Sexual Violence” refers to rape, sexual slavery, forced prostitution, forced pregnancy, forced abortion, enforced sterilisation, forced marriage, and any other form of sexual violence of comparable gravity perpetrated against women, men, girls, or boys that is directly or indirectly linked to a conflict.  As one form of Sexual and Gender Based violence, (SGBV), CRSV is both a manifestation and a tool of gendered power imbalances. It’s frequently employed as a weapon during conflict/violence to assert control over populations, enforce ethnic cleansing, or punish perceived adversaries, with women and girls disproportionately impacted. It further constitutes grave breaches of the Geneva Conventions and can amount to a war crime, crime against humanity, or constituent element of genocide under international criminal law. The prohibition of rape and other forms of sexual violence during conflict is not only widely accepted as part of  Customary International Law, but it’s also considered a jus cogens norm – a peremptory norm from which no derogation is permitted (ICC, Prosecutor v. Bosco Ntaganda, 26 Jan 2017, para. 3).  

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Relearning conflict-related sexual violence: expanding the lens of violence

Lesego-SekhuAuthor: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation

Given the severity of conflict-related sexual violence during intra-state and inter-state conflicts in the last decade, transitional justice and peacebuilding efforts have directed resources to investigating this form of sexual and gender-based violence. They aim to create measures to both prevent and address the consequences of these atrocities. Notwithstanding the intention, the conventional understanding of conflict-related sexual violence is flawed and neglects the continuities and diversity of violence that permits continued impunity for sexual and gender-based violence during conflict.

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Integrating gender-inclusive approaches in transitional justice processes in Africa

Mary-Izobo-2024Author: Mary Izobo
International Human Rights Lawyer, Gender Equality Advocate and Governance Expert

During conflict, gender perspectives reveal the divergent impacts felt by all individuals –women, men, vulnerable and marginalised people, and those with diverse sexual orientations and gender identities. As a result, transitional justice in African countries must not only acknowledge but also actively engage with these gendered realities, particularly focusing on the experiences of women and girls. In the pursuit of reconciliation and healing, it is crucial to recognize the unique impact of conflicts on women and girls, exacerbated by patriarchal systems.  By embracing gender-inclusive approaches within transitional justice, we pave the path towards a fairer, more inclusive society for all.

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