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Sexual Violence, Armed Conflict and International Law in Africa

Sexual Violence, Armed Conflict and International Law in Africa NTOMBIZOZUKO DYANI * I. INTRODUCTION Recent empirical evidence suggests that sexual violence is increasingly becoming a phenomenon of armed conflict. There is a causal link between armed conflict and sexual violence: armed conflict results in casualties and many of those casualties tend to include women who have been sexually violated. The occurrence of sexual violence during armed conflict necessitates a reaction from states in accordance with their obligations under international law. This article examines the phenomenon of sexual violence in armed conflict in Africa and the international legal framework dealing with this problem. There is a long history of sexual violence during armed conflict. For example, during World War II in occupied Europe thousands of women were subjected to rape and thousands more were forced to enter brothels for Nazi troops.1 In addition, thousands of Korean women were forced by the Japanese army to work as ‘comfort’ women in Japanese army brothels. Only in 1992 did some Japanese leaders apologise for this practice.2 Further, about 900 000 German women are estimated to have been raped by Russian forces in Berlin during the final days of World War II,3 and about 20 000 Chinese women were raped in Nanking http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Sexual Violence, Armed Conflict and International Law in Africa

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2007.15.2.230
Publisher site
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Abstract

NTOMBIZOZUKO DYANI * I. INTRODUCTION Recent empirical evidence suggests that sexual violence is increasingly becoming a phenomenon of armed conflict. There is a causal link between armed conflict and sexual violence: armed conflict results in casualties and many of those casualties tend to include women who have been sexually violated. The occurrence of sexual violence during armed conflict necessitates a reaction from states in accordance with their obligations under international law. This article examines the phenomenon of sexual violence in armed conflict in Africa and the international legal framework dealing with this problem. There is a long history of sexual violence during armed conflict. For example, during World War II in occupied Europe thousands of women were subjected to rape and thousands more were forced to enter brothels for Nazi troops.1 In addition, thousands of Korean women were forced by the Japanese army to work as ‘comfort’ women in Japanese army brothels. Only in 1992 did some Japanese leaders apologise for this practice.2 Further, about 900 000 German women are estimated to have been raped by Russian forces in Berlin during the final days of World War II,3 and about 20 000 Chinese women were raped in Nanking

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Sep 1, 2007

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