Strengthening International Law against Sexual Violence in Armed Conflicts: Insights from the Russian-Ukrainian War

Viktoriia Rufanova1, Serhii Вabanin2, Viktor Bohuslavskyi3, Viktoria Savenko4 & Inna Melnychenko5

https://doi.org/10.62271/pjc.16.1.111.125

Abstract
Sexual violence associated with armed conflict remains a little-explored phenomenon despite its relevance due to the inadequate effectiveness of preventive measures enshrined in international humanitarian law documents. Given the ongoing Russian-Ukrainian war, it is imperative to allocate particular focus towards identifying potential opportunities for law enforcement in Ukraine. The purpose of this article is to examine international legal instruments for preventing conflict-related sexual violence by analysing principal international
treaties, conventions, and declarations of judgments from international tribunals. This study employs various methods, including formal-legal analysis, content analysis, historical-legal methodology, case studies, and statistical observation. The article provides an overview of legislative mechanisms used towards preventing sexual violence related to armed conflicts while assessing current state problems within Ukraine that indicate the ineffectiveness of such mechanisms since only 208 officially registered incidents were recorded as of June 2023. The
major conclusion derived from the study is a pressing necessity for a legislative framework that works in synergy with national and international institutions, ensuring states fulfil their obligations concerning human rights, and further research should address the said issue in more detail.

Keywords: Conflict-related sexual violence, gender-based violence, armed
conflict, rape, International Criminal Court.