Publication Details


Noor-E-Medina Suraiya Jesmin

Sexual Violence and Torture in Armed Conflict: A Comparative Analysis Through the Lens of Feminist Legal Theory

Administrative Law Articles

Volume 9 Issue 1 December 2024

Abstract

This article examines feminist legal theory by exploring the androcentric nature of international law in addressing sexual violence, with a particular focus on rape as a form of torture and its impact on women's bodily integrity and agency. Despite being one of the most severe forms of violence during armed conflict, sexual violence remains inadequately addressed within mainstream human rights law and gender-specific legal frameworks. This article investigates gaps in legal recognition and protection, emphasizing how the separation between courts addressing women's rights and those addressing human rights violations perpetuates insufficient reporting and categorization of gender-based crimes. Using a doctrinal legal research methodology, this article analyzes statutes, case law, and international and regional treaties, supplemented by secondary sources such as feminist legal theory and journal articles. A comparative legal analysis further evaluates the treatment of torture in international and regional instruments. Findings highlight the inadequacies of existing frameworks in protecting women from gender-specific violence, particularly in conflict zones. The article advocates for a more integrated and gender-sensitive approach within international human rights law to effectively prevent and address sexual violence, ensuring dignity and equality for women.