Sexual Violence, Armed Conflict and International Law in Africa

This article explores the evolution of international law on sexual violence during armed conflict and, in particular, how it has developed within the African region. It begins by analyzing how the law has evolved due to decisions made at the ICTY and the ICTR. The author then argues that the creation of the Charter of the African Union and the Women's Protocol has made a significant contribution to the protection of women against sexual violence in international law. The establishment of the African Court is a further positive step to ensure that states fulfill their obligations under the Charter. The author recognizes that the African Court is an important enforcement mechanism, but cautions that its success depends on the participation of African countries to make certain that states follow these decisions. The article argues that, while the law addressing sexual violence during armed conflict has made significant progress in the African region, it needs to be more strictly implemented by individual states.