AN APPRAISAL OF THE OFFENCE OF SEXUAL VIOLENCE UNDER INTERNATIONAL HUMANITARIAN LAW

Abstract

Sexual violence is an act which occurs when a person is coerced and/or manipulated
into any unwanted sexual activity, including when such person is unable to consent due
to age, illness, disability, the influence of alcohol or other drugs. All forms of sexual
violence are prohibited under international humanitarian law. It remains a pervasive
and deeply troubling aspect of modern armed conflicts, with severe consequences for
victims and global security. The aim of this article is to establish the fact that sexual
violence is strongly prohibited under International Humanitarian Law, however
enforcement mechanisms are still fragile and even non-existent in some parts of the
world. Although there are several mechanisms set up to prevent the occurrence of this
crime, the enforcement mechanisms are still a major setback. The research
methodology adopted by the researcher is purely doctrinal which involves the use of
primary sources of law such as International Conventions, Treaties, case laws and also
secondary sources of laws such as internet materials, Law Journals, articles, textbooks
of renowned authors. It therefore recommends that, Preventives efforts should be
intensified through the improvement of strong military discipline, improved gender
balance in armed forces, education, awareness campaigns, and training for armed
forces and peacekeepers to deter potential perpetrators. And adequate support and
services should be provided to survivors of sexual violence. In Conclusion, the offense
of sexual violence under International Humanitarian Law is a pressing issue that
demands unwavering attention from the international community.