Breaking The Silence:The Role Of International Law With Respect To Conflict-related Sexual Violence

Rape and other forms of sexual violence have been present in armed conflict for millennia;however,recognition on an international level is a relatively new phenomenon.Historically,due to its "allegedly" controversial nature,serious attempts to study and documentation of wartime sexual violence have largely been rebuffed,at least until the end of the last century.The twentieth century has been characterized as the "most murderous in recorded history".Highlights of the violence include World War ?,when the Japanese Imperial Army marched into China's capital of Nanking and proceeded to murder 300,000 out of 600,000 civilians in the city,in an event that has become to be notoriously known as the"Nanking Massacre".Sources have approximated that between 20,000 and 80,000 Chinese females were abducted and raped by Japanese soldiers.Nanking was not alone in its horrific experience of mass sexual violence.In the Republic of Bosnia-Herzegovina,it has been estimated that between 10,000 and 60,000 Muslim women were raped by Serbian forces.During the "Rwanda Genocide",rape estimates range from 15,000 to 500,000.Mass atrocities of rape in furtherance of genocide have shaken the conscience of humanity to its core.Since that time,considerable work has been done by human rights institutions,scholars and activists in regards to documenting and addressing wartime sexual violence,hence the plea to combat crimes of sexual violence that is currently being voiced loudly on the international level.Over the past few decades,the international law prohibiting and criminalizing conflict-related sexual violence has undergone significant development.International Humanitarian law and International Human Rights Law prohibit all forms of sexual violence during both peacetime and wartime.In addition,rape and other forms of sexual violence can amount to international war crimes,crimes against humanity and acts of genocide,which has been evidenced by the judgments made by the international criminal courts and tribunals.These different branches of international law reinforce and compliment each other with respect to crimes of sexual violence.Despite of these remarkable legal achievements,rape and other forms of sexual violence remain disturbingly prevalent in contemporary armed conflicts.Many skeptics have argued that there are substantial discrepancies that exist between the law in the book and situations on the ground,as well as a lack of application and political enforcement of law.This dissertation-which relies on a "socio-legal" research approach-attempts to demonstrate the possible discrepancies between reality("law-in-action")and the existing international legal framework("law-in-book")that exist in this field.The question that this dissertation explores is the effectiveness of the prohibition of sexual violence under the current legal framework,and the adequacy of the existing institutions'(including International Criminal Court)ability to enforce such laws.What are the obstacles in combatting sexual violence in armed conflicts and how should they be addressed?In order to explore these questions,this dissertation broadens the dimensions of conflict-related sexual violence from a legal landscape to a variety of cultural contexts.By examining the current situation in the Syrian armed conflict,this study shows the shocking patterns of rape and other forms of sexual violence that are currently being employed as both a war tactic used to "destroy identity,dignity and the social fabrics of families and communities" and as a means of genocide against the Yazidi minority.However,sexual violence in the wake of conflict continues to be dramatically underreported because of the risks,threats and stigmas faced by those who contemplate coming forward.Victims' voices have largely gone unheard or have been silenced.This dissertation contends that wartime sexual violence does not merely amount to a violation of international law,but that it is also entrenched in social constructs.The potential path to breaking the silence and combatting these crimes does not lie solely within the realm of law,but in other disciplines as well.It is important for the international community to grasp the moral,social,economic and legal importance of taking adequate measures to prevent and punish crimes of conflict-related sexual violence.It is my contention that the international legal framework in place,despite its inadequacies,provides an adequate avenue for the prosecution of those responsible for crimes of conflict-related sexual violence.Nevertheless,the lack of enforcement of key legal instruments has prevented the remedying of the mass rape and sexual violence that currently plagues the conflict in Syria.This study argues that sexual violence in Syria,or at the very least mass rape,should be situated within the crime of genocide,which is subject to universal jurisdiction.An approach of this nature would increase the possibility of enforcing relevant laws in regards to violations while simultaneously challenging the shame and stigma that society has traditionally levied onto victims.Ending impunity and eliminating the crimes of conflict-related sexual violence is ambitious,but it should not be seen as idealistic.