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7 - The Prohibition of Sexual and Gender-Based Violence

from Part I - The International Legal Framework

Published online by Cambridge University Press:  11 August 2022

Stuart Casey-Maslen  and
Tobias Vestner
Stuart Casey-Maslen
Affiliation:
University of Pretoria
Tobias Vestner
Affiliation:
Geneva Centre for Security Policy
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Summary

All civilians – men and boys as well as women and girls – are at risk of sexual and gender-based violence in peacetime and during armed conflict. All are protected against such violence under international humanitarian law (IHL) during situations of armed conflict and by international human rights law. This protection applies at all times and in all circumstances. As the International Committee of the Red Cross (ICRC) has stated: ‘While the prohibition of sexual violence applies equally to men and women, in practice women are much more affected by sexual violence during armed conflicts.’ This chapter explores the legal protection against sexual violence and describes ongoing initiatives to tackle rape as a weapon of war.

Keywords

Sexual violencerapeprotection of womenprotection of children
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Chapter
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International Law and Policy on the Protection of Civilians , pp. 97 - 106
Publisher: Cambridge University Press
Print publication year: 2022

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