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The Russia-Ukraine ConflictThe Russia-Ukraine Conflict

Chapter 7

Sexualized violence

by Marie Céline Bonarius


Sexualized violence in war - a new old phenomenon?

Headline from May 4, 2022 on the rape of men and boys in the Ukraine conflict on Spiegel.de
https://www.spiegel.de/ausland/ukraine-krieg-russische-soldaten-sollen-auch-maenner-und-jungen-vergewaltigt-haben-a-674a632b-0390-40e3-b5b8-9c1f9cb01b4f
Headline from May 4, 2022 on the rape of men and boys in the Ukraine conflict on Spiegel.de, a German newspaper
Rape, mutilation of sexual organs or sexual exploitation in war. Every means seems to be justified in war, also in the Russia-Ukraine-conflict.
In February 2022, Russian forces crossed the Ukrainian border. Since then, there have been increasing reports of sexualized violence, alongside other alleged violations of international humanitarian law and human rights.

However, depending on culture and politics, the way in which the issue is dealt with varies.

Sexualized violence as a special form of violence?

Sexualized violence is a specific form of violence. In legal terms, violence is defined as physical or psychological injury or damage to one or more persons through the active use of will-breaking or will-bending actions involving the use of force.

Who is affected? Who is protected?

Illustration: Marlin Beringer
It is predominently women who are legally protected against sexual violence in war, since women are often seen as particularly vulnerable. In contrast, sexual assaults against men in war have been and continue to be a taboo.

Children enjoy more protection in war than men, but there is a lack of adequate legal protection for them as well. Since sexualized violence against children was perceived as particularly offensive, states deliberately refrained from providing explicit protection in this particular case.

Need for reform!

Illustration: Marlin Beringer
Picture of the Hall of the UN Human Rights Council
https://commons.wikimedia.org/w/index.php?curid=45464991
Hall of the UN Human Rights Council
Protection against sexualized violence in war must be improved regardless of age and gender! However, existing international treaties can only be amended in this way with the consent of the states.
States must deal more with reports of sexualized violence in war and should close existing legal loopholes. 

It is the task of legal scholars to draw attention of states to this problem through further research, publications and legal policy demands.

Individuals can also exert pressure on states and take to the streets or launch initiatives!