Strengthening International Law against Sexual Violence in Armed Conflicts: Insights from the Russian-Ukrainian War

Abstract

Sexual violence associated with armed conflict remains a little-explored phenomenon despite its relevance due to the inadequate effectiveness of preventive measures enshrined in international humanitarian law documents. Given the ongoing Russian-Ukrainian war, it is imperative to allocate particular focus towards identifying potential opportunities for law enforcement in Ukraine. The purpose of this article is to examine international legal instruments for preventing conflict-related sexual violence by analysing principal international treaties, conventions, and declarations of judgments from international tribunals. This study employs various methods, including formal-legal analysis, content analysis, historical-legal methodology, case studies, and statistical observation. The article provides an overview of legislative mechanisms used towards preventing sexual violence related to armed conflicts while assessing current state problems within Ukraine that indicate the ineffectiveness of such mechanisms since only 208 officially registered incidents were recorded as of June 2023. The major conclusion derived from the study is a pressing necessity for a legislative framework that works in synergy with national and international institutions, ensuring states fulfil their obligations concerning human rights, and further research should address the said issue in more detail.