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Cover of: Sexualisierte Gewalt im bewaffneten Konflikt: Wie das Völkerrecht der Genderdimension begegnet
Sina Fontana

Sexualisierte Gewalt im bewaffneten Konflikt: Wie das Völkerrecht der Genderdimension begegnet

Section: Treatises
Volume 59 (2021) / Issue 4, pp. 411-438 (28)
Published 25.02.2022
DOI 10.1628/avr-2021-0023
Published in German.
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  • 10.1628/avr-2021-0023
Summary
The individualisation of the international legal regime for protection against sexualised violence in armed conflict is accompanied by a demarcation from purely interstate law, which takes place in the turning away from group-related notions of honour towards individual dignity and means a consideration of the offensiveness of the crime. In this way, a gender-sensitive protection concept can emerge within the international legal order that has an appropriate protective effect for both genders across all cultures. However, this development has not yet found sufficient normative expression, especially in international humanitarian law, so that the individual regulatory regimes must be increasingly understood in their interrelationship with each other and with gender sensitivity. Particular attention should be paid to the human rights perspective. This not only harmonises the concept of protection under international law, but also contributes to ensuring that the humanity intended by international humanitarian law can actually unfold universally and adequately for both genders.