Gender-based sexual violence in the case law of international tribunals

The article states that the concept of sexual violence (both gender-based and non-gender- based) has a very broad manifestation, which is substantiated by the case law of international tribunals. The list of such acts of sexual violence in the judgments of international tribunals is not complete but approximate and includes, in particular, beating, biting, mutilation or other damage to an intimate part of the body, causing another person to have foreseeable fears or fear of acts of sexual violence, in particular through the use of sexual threats; forcing a person to masturbate to himself or herself or another person; forcing a person to witness acts of a sexual nature; forced abortion; forced marriage; forcing a person to undress partially or completely and perform movements, including dancing, exercising or marching naked; examining another person’s private parts or the occurrence of menstrual cycles in women; kissing or licking another person’s body, especially an intimate part of it; touching another person in a sexual manner, such as touching an intimate part of the body, including an intimate part of the body, a weapon or other object. Based on the analysis of the case law of international tribunals, the author concludes that the concept of sexual violence is gender-neutral in itself, sexual violence may include coercion to engage in appropriate behaviour, in particular, with oneself or with a third party, and may include both physical and non-physical sexual acts, and in determining the existence of sexual violence, one should focus on the victim’s sexual humiliation or deterioration. In addition, sexual violence is understood in the case law of international tribunals through the prism of the victim’s lack of consent. The author identifies such a material element of sexual violence as a component of war crimes or crimes against humanity as a comparable degree of severity. In particular, an act of sexual violence is considered a war crime during an armed conflict of an international nature if it has a degree of gravity comparable to serious violations of the Geneva Conventions, namely, intentional killing, torture or inhuman treatment, etc.