International Legal Standards Pertaining to Sexual Violence Against Displaced Women in Times of Armed Conflict with Special Reference to the Emerged Jurisprudence at the ICTY and the ICTR

Wasantha Seneviratne outlines how sexual violence against women during and after periods of internal and international conflict has been classified and addressed in international humanitarian law. The author argues that, as women are displaced by armed conflict, there is a heightened danger to them of sexual violence during and after that conflict. Seneviratne looks at court decisions from the ICTR and ICTY and the progressive approach these courts have taken to prosecute crimes of sexual violence occurring in internal armed conflicts; particularly, how sexual violence was classified as a war crime and a crime against humanity. The author emphasizes the statute and work of the ICC in prosecuting these crimes. She points to the progress made by the ICC in substantive and procedural law in this area allowing victims to testify and seek redress in these courts when their states are not willing to do so.