International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Volume 8 Issue 4
July-August 2026

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Sexual Violence in War: A Legal and Jurisprudential Transformation

Author(s) Ms. Riya Rathore
Country India
Abstract Sexual violence in armed conflict has long been pervasive yet historically marginalized within international legal discourse. This paper examines the transformation of international criminal jurisprudence in recognizing and prosecuting wartime sexual violence, tracing its evolution from neglect and impunity to its current status as a core international crime. Beginning with the limited treatment of such acts in early legal frameworks, the study highlights the pivotal role of tribunals such as the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda in redefining rape and other forms of sexual violence as war crimes, crimes against humanity, and acts of genocide. Landmark judgments, including the Prosecutor v. Akayesu decision, are analyzed to demonstrate how judicial interpretation expanded the scope and gravity of these offenses.
The paper further explores the consolidation of these legal advances within the framework of the Rome Statute of the International Criminal Court, which explicitly codifies sexual violence crimes and strengthens mechanisms for accountability. It also considers the challenges that persist, including evidentiary barriers, sociocultural stigma, and uneven enforcement across jurisdictions. By situating legal developments within broader humanitarian and human rights contexts, this study underscores how the recognition of sexual violence in war has reshaped international criminal law and contributed to a more victim-centered approach to justice.
Ultimately, the paper argues that while significant progress has been made in transforming jurisprudence, continued efforts are necessary to ensure consistent accountability, survivor protection, and the effective implementation of international legal standards.
Keywords Sexual violence in armed conflict, Wartime rape International criminal law International criminal jurisprudence
Published In Volume 8, Issue 3, May-June 2026
Published On 2026-06-13
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E-ISSN 2582-2160
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CrossRef DOI prefix of IJFMR is 10.36948/ijfmr

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