Responsibility of Sexual Violence Under International Law
DOI:
https://doi.org/10.54183/jssr.v3i1.110Keywords:
Doctrine of Responsibility, Sexual Violence, International LawAbstract
The extent and nature of sexual violence throughout the war vary. Sexual violence is pervasive in some conflicts, such as ethnic conflicts, but it is relatively rare in other conflicts. Sexual slavery is one form of sexual violence in inevitable conflicts, while detention torture is another. The ICTY has carried out in-depth prosecutions and investigations of cases of sexual violence committed during times of war, leading to the filing of several indictments for crimes perpetrated in Bosnia - Herzegovina as early as 1995. By enabling the litigation of sexual violence as a war crime, crime against humanity, and genocide, the ICTY has advanced international criminal equity in sex crimes. This article attempts to provide readers with a clear understanding of two types of obligations: personal criminal culpability and state responsibility. The responsible for sexual violence presents a significant challenge to international law and misinterprets other laws, according to the conclusion. People are struggling with responsibility because, as the article pointed out, there are two different kinds of accountability in contemporary society: individual accountability and state accountability. The article's conclusions indicate that sexual violence is a personal responsibility.
References
References
Cappelen, A. W., Sørensen, E. Ø., & Tungodden, B. (2010). Responsibility for what? Fairness and individual responsibility. European Economic Review, 54(3), 429-441. https://doi.org/10.1016/j.euroecorev.2009.08.005
Chinkin, C. (1994). Rape and sexual abuse of women in international law. European Journal of International Law, 5(3), 326-341. https://doi.org/10.1093/oxfordjournals.ejil.a035874
United Nations. International Law Commission, Crawford, J., & United Nations. International Law Commission. (2002b). The International Law Commission’s Articles on State Responsibility: Introduction, Text and Commentaries. Cambridge University Press.
Crawford, J. (2013). State Responsibility: The General Part (Cambridge Studies in International and Comparative Law, Series Number 100). Cambridge University Press.
Engel, C. C. (2004). Post-war syndromes: Illustrating the impact of the social Psyche on notions of risk, responsibility, reason, and remedy. The Journal of the American Academy of Psychoanalysis and Dynamic Psychiatry, 32(2), 321-334. https://doi.org/10.1521/jaap.32.2.321.35275
Forsythe, D. P. (1978). Legal management of internal war: The 1977 protocol on non-international armed conflicts. American Journal of International Law, 72(2), 272-295. https://doi.org/10.2307/2199956
Graditzky, T. (1998). Individual criminal responsibility for violations of international humanitarian law committed in non-international armed conflicts. International Review of the Red Cross, 38(322), 29-56. https://doi.org/10.1017/s0020860400090756
Khan, A., Javed, K., Khan, A. S., & Rizwi, A. (2022). Aggression and Individual Criminal Responsibility in the perspective of Islamic Law. Competitive Social Science Research Journal, 3(1), 35–48. https://cssrjournal.com/index.php/cssrjournal/article/view/47
Khan, A., Khan, A. S., & Khan, I. (2022). Responsibility Of Killer Robots For Causing Civilian Harm: A Critique Of Ai Application In Warfare Doctrine. Pakistan Journal of International Affairs, 5(1), 15-33. https://doi.org/10.52337/pjia.v5i1.398
Kretzmer, D., Ben-Yehuda, A., & Furth, M. (2014). ‘Thou shall not kill’: The use of lethal force in non-international armed conflicts. Israel Law Review, 47(2), 191-224. https://doi.org/10.1017/s0021223714000065
MacKinnon, C. A. (2007). The ICTR's Legacy on Sexual Violence. New Eng. J. Int'l & Comp. L., 14, 211.
Nollkaemper, A. (2003). Concurrence between individual responsibility and state responsibility in international law. International and Comparative Law Quarterly, 52(3), 615-640. https://doi.org/10.1093/iclq/52.3.615
Rutschmann, P. (2011). Vergangenheitsbewältigung: Historikerstreit and the Notion of Continued Responsibility. New German Review: A Journal of Germanic Studies, 25(1), 5-20.
Socia, K. M., Grady, M. D., Bolder, T., Cronin, K., Hurt, C., & Vidrine, S. (2019). How background relates to perceptions of child sexual abuse prevention and policies related to individuals convicted of sex crimes. Criminal Justice Policy Review, 31(7), 1059-1094. https://doi.org/10.1177/0887403419873126
Somer, J. (2007). Jungle justice: Passing sentence on the equality of belligerents in non-international armed conflict. International Review of the Red Cross, 89(867), 655-690. https://doi.org/10.1017/s1816383107001221
Thompson, L., Rydberg, J., Cassidy, M., & Socia, K. M. (2019). Contextual influences on the sentencing of individuals convicted of sexual crimes. Sexual Abuse, 32(7), 778-805. https://doi.org/10.1177/1079063219852936
Voigt, C. (2008). State responsibility for climate change damages. Nordic Journal of International Law, 77(1-2), 1-22. https://doi.org/10.1163/090273508x290672
Weiss, E. B. (2002). Invoking state responsibility in the twenty-first century. American Journal of International Law, 96(4), 798-816. https://doi.org/10.2307/3070679
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Copyright in the Journal of Social Sciences Review is retained by the author(s). Authors also grant any third party the right to use the article freely as long as its integrity is maintained and its original authors, citation details and publisher are identified.

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
SSR's Editorial Board shares the vision of providing free access to information, education, and science for everyone, thus promoting its content through an OPEN ACCESS POLICY, fulfilling the DOAJ definition of open access. The JSSR adheres to an Open Access and Copyright Licensing Policy based on the belief that making research freely accessible to the public promotes greater global knowledge sharing.
The JSSR uses the Creative Commons Attribution-NonCommercial 4.0 International License. The authors who apply and publish in JSSR consent to abide by the copyright policy set out in the Creative Commons 4.0 license (Attribution-NonCommercial 4.0 International license).
- Copyright in the Journal of Social Sciences Review is retained by the author(s).
- Authors also grant any third party the right to use the article freely as long as its integrity is maintained and its original authors, citation details and publisher are identified.
While "By 'open access' to this literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself."
