Creating International Responsibility: The Non-Prosecution of Sexual Violence Post Conflict as a Violation of Women’s Rights

This article begins with a summary of the history of sexual assault in conflict and how international law has developed to deal with this particular issue. Using this framework, the author then argues that the non-prosecution of sexual assault in conflict zones is a violation of women’s rights and therefore should fall under the protection of international law through the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Specific violations of the CEDAW are discussed, paying particular attention to women’s rights to freedom from discrimination and women’s health rights.