SEXUAL VIOLENCE IN ARMED CONFLICT: RAPE AS A TOOL OF TORTURE AND VIOLATION OF HUMAN RIGHTS

Abstract

This study critically examines the legal treatment of sexual violence, with a focus on rape, and its impact on victim’s bodily integrity and agency. Despite being among the most severe forms of violence during wartime, rape often inadequately addressed within both mainstream human rights law and gender-specific legal framework. Feminist scholars argue that international human rights law, traditionally androcentric, marginalizes women’s right, leading to a failure in recognizing gender-specific abuses as sexual violence as torture. This research explores the gaps in legal recognition and protection, particularly how the separation of institutional bodies-those addressing women’s rights and those dealing with human rights violation- contributes to insufficient reporting and categorization of gender-based crimes. The study employs a doctrinal legal research methodology, analyzing primarily legal sources such as statutes, case law, and international treaties, alongside secondary sources including academic articles and feminist legal theory. A comparative legal analysis is also undertaken to assess how different jurisdiction address rape and its implications for human dignity and personal autonomy. The research further incorporates insights from critical legal studies to evaluate how legal frameworks represent and respond to rape as torture. Findings suggest that existing frameworks fall short in adequately protecting women from gender-specific violence, particularly in conflict situations. Therefore, the study argues for a more integrated and gender- sensitive approach within international human rights law to effectively address and prevent sexual violence like rape, ensuring that the dignity and autonomy of women are upheld.