Forms of gender-based violence in the conditions of armed conflict (martial law)

Abstract

The problem of gender-based violence in the conditions of armed conflict (martial law) in Ukraine is urgent and important. It has been stressed that the definition “gender-based violence” is used in international law, Ukrainian legislation and in scientific researches. Simultaneously this term is being applied in description of any harmful effect caused against human’s will and is based on socially determined differences between men and women. Whereas men and boys can be victims of certain types of gender-based violence (in particular sexual), usually such violence is directed against women and girls. After consideration of scientists’ approaches concerning determination of forms (types) of gender-based violence it has been noted that they allow to establish that only certain ones emphasizes on their commission during armed conflicts (namely violence during war, conflict and post-conflict situations). Provisions of international humanitarian law are not being taken into account as well.With regard to the provisions of international humanitarian law based on international legal acts in the fields of human rights protection and protection of the victims of armed conflicts a classification of gender-based violence in the conditions of armed conflict (martial law) has been suggested as follows: 1) on the type of the conflict – international and non-international; 2) on the person of the victim – against women, men and children; 3) on the status of the victim – civil population and prisoners of war; 4) on the type of violence – physical (violence against life and health, namely all types of homicide, mutilation, abuse and torture; hostage taking; conviction and application of punishment without prior court decision made by a proper established court which provides judicial guarantees recognized by civilized nations as necessary); sexual (rape; threats and attempts of any type of rape or any other sexual assaults; genital mutilation; sexual slavery; sexual torture; forced prostitution; forced pregnancy; forced sterilization and forced abortion; forced nudity, forced to contemplate sexual acts; sexual violence and other acts of sexual nature); psychological (insult to human dignity, in particular offensive and humiliating treatment); economic (deprivation of housing, food, clothes, other property, money or documents).