The Protection of International Humanitarian Law against Child Sexual Violence in Armed Conflict: A Case Study of Sudan
This study examines the protection of international humanitarian law for child victims of sexual violence in Sudan's armed conflict, particularly in the context of the use of sexual violence as a weapon of war by the Rapid Support Forces (RSF) since April 2023. Using normative legal research methods with legislative, conceptual, and comparative approaches, this study analyzes applicable international legal instruments, international criminal tribunal jurisprudence, and available law enforcement mechanisms. The results of the study show two main findings. First, the normative framework of international humanitarian law including the 1998 Rome Statute, the 1949 Geneva Convention, the 1989 Convention on the Rights of the Child, and the UN Security Council Resolutions have provided a juridically adequate legal basis for establishing criminal accountability against RSF perpetrators through the ICC mechanism based on the referral jurisdiction of Resolution 1593 (2005), as reinforced by the precedent of the Ali Kushayb ruling (October 2025). Second, effective protection for child victims of sexual violence faces serious implementation gaps due to four structural barriers: state non-cooperation in the execution of arrest warrants, limitations of UN Security Council mechanisms, barriers to proof on the ground, and the inadequacy of Sudan's national justice system. The study concludes that the continued impunity is not a reflection of the inadequacy of legal norms, but rather a failure of the political will of the international community to implement them consistently.
- Front Matter
6
- 10.1016/s0140-6736(19)30990-0
- May 1, 2019
- The Lancet
The erosion of women's sexual and reproductive rights
- Research Article
- 10.28918/ajlh.v4i1.2
- Mar 15, 2024
- Asian Journal of Law and Humanity
In 2022, there were 16 children victims of child sexual violence in Batang Regency, while in 2023 the number of child victims of sexual violence reached 50 victims. The government is responsible for providing security and welfare for every child victim of sexual violence based on Article 28 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This paper is empirical legal research using a qualitative approach. The results of the research found that the fulfillment of the constitutional rights of children victims of sexual violence in Batang Regency has not been implemented optimally, shown among other things by the lack of fulfillment of the rehabilitation rights that should be obtained by children victims of sexual violence, as well as the legal culture of the people of Batang Regency which is still low in protecting children victims of violence. sexual. Children who do not receive rehabilitation and children who are victims but whose cases are not reported have the potential to have personality disorders due to trauma and psychological shock.
- Research Article
- 10.22437/pampas.v5i2.33287
- Jun 18, 2024
- PAMPAS: Journal of Criminal Law
The purpose of writing this research is to find out and analyze how the handling of child victims of incestuous sexual violence is carried out in the Regional Technical Implementation Unit for the Protection of Women and Children in Jambi Province. The formulation of the problems in this study are: 1) how is the implementation of handling child victims of incestuous sexual violence at UPTD PPA Jambi Province, 2) what are the obstacles in carrying out handling of child victims of incest sexual violence at UPTD PPA Jambi Province. In this study the authors used empirical juridical research methods or field research based on primary data and secondary data. The results of the study show that handling child victims of incestuous sexual violence is very important to do because after the occurrence of incestuous sexual violence experienced by the victim, the victim will experience trauma because the perpetrator of the violence is the person closest to the victim. This underlies the importance of the role of UPTD PPA Jambi Province to provide treatment for child victims of incestuous sexual violence to help restore the physical and psychological condition of the child victim so as not to hinder the child's growth and development. However, in carrying out its duties and functions the UPTD PPA is constrained by several things such as: the lack of facilities and infrastructure, the lack of human resources in the field of psychology, the lack of budgetary funds in carrying out the treatment of child victims of sexual violence.
- Research Article
- 10.61345/1339-7915.2023.6.19
- Mar 14, 2024
- Visegrad Journal on Human Rights
According to the UN Charter (Article 26), the UN Security Council is the primary organ responsible for the maintenance of international peace and security. Nuclear states agreed to the adoption of a UN Security Council Resolution that provided positive security assurances. The adoption of UN Security Council Resolution №255 on June 19, 1968, was of particular significance. This resolution stipulated that instances of aggression involving the use of nuclear weapons or the threat of such aggression against a non-nuclear-weapon state would require immediate action by the UN Security Council and its permanent members, who are nuclear-armed states. The aim of the work is to determine the role of the UN Security Council in the system of preventing the proliferation of nuclear weapons. The methodological basis of the study will focus on the analysis and understanding of the impact of the UN Security Council on strategies and measures aimed at preventing the spread of nuclear weapons in the international context. The results of our research have shown that the role of the UN Security Council in the disarmament of Iraq’s nuclear program, which could have led to the development of nuclear weapons, proved to be significant. To achieve this, in accordance with UN Security Council Resolution №687 adopted on April 3, 1991, the Special Commission (UNSCOM) was established. During an extraordinary meeting of the UN Security Council at the highest level on September 24, 2009, Resolution UN Security Council Resolution № 1887 was adopted, aimed at supporting nuclear non-proliferation, criticizing Iran and North Korea. Resolution №1887 outlines measures to strengthen control and the rights of nuclear-weapon states to demand the return of nuclear materials and equipment in case of violations of the Non-Proliferation Treaty or withdrawal from it. It also involves enhancing security measures for the storage of nuclear materials and strict export controls. Conclusions. In our opinion, the powers of the UN Security Council in the field of non-proliferation of weapons of mass destruction should be utilized more promptly and effectively. The insufficient effectiveness of this international mechanism in preventing proliferation remains a cause for serious concern among UN members worldwide. To enhance the effectiveness of the UN Security Council, we propose the adoption of a comprehensive resolution that includes provisions on the procedure for a state’s withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and its violation of commitments to refrain from acquiring nuclear weapons. This resolution should stipulate the imposition of sanctions against such a state based on a special report from the International Atomic Energy Agency (IAEA). Such a mechanism can ensure an effective impact of the international community on states that withdraw from the NPT.
- Research Article
- 10.55606/concept.v3i1.956
- Jan 17, 2024
- Concept: Journal of Social Humanities and Education
This article aims to explain and describe the role of peer counselors in dealing with child victims of sexual violence, especially in schools. The discussion of this article was obtained through a literature study from various reading sources such as journals and books used to describe theories related to child development, explore the impact of sexual violence on victims, and describe the role of social workers in dealing with the problem of sexual violence in children. The high rate of sexual violence against children shows the importance of handling child victims of sexual violence. In this case, peer counselors can provide support and motivation to children who are victims of sexual violence. In addition, counselors can be friends to tell stories from children who are victims of this violence. In this case, Peer Counselors can also conduct Counseling. Counseling is carried out by intervening negative thoughts of children that arise due to sexual violence in various ways, such as stopping negative thoughts. In addition, cognitive therapy can also be done by changing or exchanging thoughts, for example counselors help children to memorize short verses in the form of statements that are contrary to the concerns experienced by children. The child then repeats the verse to get rid of his worries.
- News Article
21
- 10.1016/s0140-6736(14)60970-3
- Jun 1, 2014
- The Lancet
Responding to sexual violence in armed conflict
- Research Article
22
- 10.1080/00396330902749756
- Feb 10, 2009
- Survival
during the Second World War by the United States for purely military purposes. Since then, extensive civilian research and the use of nuclear technologies for peaceful ends has not erased this military heritage. Almost all nuclear technology in use around the world today is ‘dual use’, able to contribute to the production of fuel for nuclear reactors or the explosive components of nuclear weapons. For this reason, there is serious concern that supposedly peaceful nuclear programmes are being used for, or could become, cover for the development of nuclear weapons. The inherent ambiguity surrounding almost all nuclear technology complicates the control of nuclear energy. Under the terms of the Nuclear Non-Proliferation Treaty (NPT), non-nuclear-weapons states must declare all their nuclear facilities and activities and permit them to be safeguarded by the International Atomic Energy Agency (IAEA). To date all cases of noncompliance have involved states failing to declare nuclear facilities or activities, rather than diverting safeguarded nuclear material.1 In the last few years, for instance, clandestine nuclear activities have been uncovered in Egypt,2 Iran3 and South Korea (Republic of Korea),4 and strong evidence of a clandestine reactor in Syria has emerged.5 These discoveries have prompted debates, of varying intensity, about what, if any, action should be taken in response. The Problem with Nuclear Mind Reading
- Research Article
- 10.2139/ssrn.1354568
- Mar 6, 2009
- SSRN Electronic Journal
The Implementation of UN Security Council Resolutions Imposing Economic Sanctions in the EU/EC Legal System: Interpillar Issues and Judicial Review
- Book Chapter
11
- 10.4337/9781839109935.00015
- Dec 6, 2022
United Nations Security Council (UNSC) resolutions are formal expressions of the will of the Security Council and are a necessary condition for almost all substantive United Nation actions on conflict. However, surprisingly little work has examined the nature, extent, and distribution of UNSC resolutions within internal conflicts. In this chapter, we present original data on UNSC resolutions paired with UCDP/PRIO data on civil conflicts. Using these data, we show that the distribution of UNSC resolutions on civil wars varies in important ways across both time and conflicts. We further illustrate that UNSC resolutions can differ substantially in their expressed sentiment towards conflict actors. We suggest here that information on UNSC resolutions can provide useful insight into latent preferences among members of the UNSC as well as help us understand how actors may respond to UN initiatives.
- Research Article
- 10.47268/balobe.v4i1.2051
- Apr 30, 2024
- Balobe Law Journal
Introductioan: UN Security Council Resolutions in the form of decisions of the UN Security Council relating to the preservation and/or restoration of global peace and security which can be implemented legally, are essentially a valid statement of international law mandated by the goals and principles of the UN as outlined in the UN charter.Purposes of the Research: To analyze and find out about the Position of UN Security Council Resolutions according to Article 25 of the UN Charter. Methods of the Research: Normative legal research or library legal research is a process of finding legal rules, legal principles, and legal doctors to answer legal issues faced.Results of the Research: The decisions of the UN Security Council are based on Article 25 of the Charter, which is truly legally binding, even more so that it can conflict with the principles of international treaty law, namely the principle of Pacta Tertiis Nec Nocent Nec Prosunt because all these decisions can be binding on countries. Countries that are not members of the UN as stated in Article 2 paragraph (6) and Article 49 of the Charter. The position of the UN Security Council Resolution is binding not only on UN member states but also on non-UN member states as stated in Article 2 paragraph (6).
- Research Article
- 10.52783/rlj.v11i2.884
- Apr 7, 2023
- Russian Law Journal
Arrangements for peacekeeping forces can be found in the UN Charter, in particular Article 1 of the Charter, which sets out its mission objectives as a form of world peace. As the oldest subject of international law, the state, in the essence of international relations, cannot be separated from internal and external conflicts. Thus, this kind of conflict could threaten international peace and security. Therefore, it is important to study international legal review of the rules of world peacekeepers in conflict countries and the rejection of world peacekeepers in conflict countries within the framework of international law. The research method used is normative legal research with statutory and conceptual approaches. This study concluded that These peacekeepers could participate in countries experiencing conflict, regulated by UN Security Council decisions through their resolutions. The peacekeeping force also has several main principles, such as the agreement of the parties, impartiality, and not using force except for self-defence and maintaining the mandate of resolutions and a state that rejects the presence of peacekeepers is included in violations of international law; rejecting the results of a joint agreement against UN Security Council resolutions. The UN Security Council resolutions have been considered customary law and a source of international law with binding legal force.
- Research Article
- 10.1515/jles-2018-0013
- Dec 1, 2018
- Journal of Legal Studies
The prohibition of armed aggression under Article 2(2) of the United Nations Charter is one of the most important developments in international law and international relations in the modern era. The fact that the right to wage war is no longer accepted as falling within the sovereignty of the state has ushered in an appreciably stable international order based on the rule of law and not the rule of might. While states obviously still engage in warfare and numerous wars have been fought by states in the era of the UN, the very fact that the prohibition of armed aggression has assumed universal acceptance as customary international law is a notable achievement. In spite of the prohibition of armed aggression under the UN Charter, self-defence and collective action mandated by the UN Security Council serve as notable exceptions. The US-led invasion of Iraq in 2003 (i.e. Operation Iraqi Freedom) was peculiar because, the justification for the invasion hinged on the enforcement of UN Security Council Resolutions. This justification thus brought to the fore whether, under international law, there was the right to unilaterally enforce Security Council Resolutions. In the current resurgence of unilateralism typified by the US Trumpled withdrawal or threat of withdrawal from multilateral systems of international governance and cooperation, it is important to reiterate the lessons of unilateralism epitomized by the 2003 invasion of Iraq and the instabilities that have become offshoots of this invasion – e.g. the creation of monsters like the so-called Islamic State. This article discusses the resort to unilateralism under the guise of enforcing UN Security Council resolutions. It also engages in a brief discussion on the justifications for war prior to the UN Charter and the provisions on the use of force prescribed in the Charter. It uses the US-led invasion of Iraq in 2003 as a case study to shed light on legality of unilateral enforcement of UN Security Council Resolutions.
- Research Article
1
- 10.21776/ub.blj.2022.009.01.03
- Apr 30, 2022
- Brawijaya Law Journal
United Nations (UN) Security Council (UNSC) resolutions (UNSCRs) are adopted by a vote of the five permanent members and ten non-permanent members of the UNSC. Each UNSCR is understood to be part of the “primary responsibility for the maintenance of international peace and security” of the UN. The Indonesian government has been encouraged by various parties to make a legal instrument that would enforce the UNSCRs. Such an instrument would serve to bridge and reduce gaps in the rule of law regarding the enforcement of UNSCRs for nations. However, the government of Indonesia faces several challenges in implementing legal instruments for the UNSCRs. This article maintains that it is crucial to study accommodative policies regarding the national enforcement of UNSCRs by considering the example of Singapore. Singapore has special laws that respond to UNSCRs (The UN Act Chapter 339-UN Act). UN Act 339 is the legal umbrella in Singapore for the government’s implementation of UNSCRs. The UN Act is also an attempt by the Singaporean government to carry out its international obligations to the United Nations.
- Book Chapter
- 10.1017/9781780685014.003
- Feb 1, 2017
The architects of the Court had to agree upon the appropriate method to establish a court that would be universally accepted, effective and independent. The draft Statute of the Court, prepared and adopted by the International Law Commission in 1994, indicates that three proposals were contemplated initially: (a) through a UN Security Council or General Assembly resolution; (b) by amending the UN Charter, which would have made the international criminal court an integral part of the UN and hence create binding obligations for all its members; and (c) through a multilateral treaty.
- Research Article
- 10.22363/2313-0660-2023-23-1-20-36
- Mar 30, 2023
- Vestnik RUDN. International Relations
A survivor-centered approach is at the heart of the international community’s humanitarian action today. In armed conflicts various forms of sexual violence are seen not only as accompanying violence, but also as a tool of pressure and warfare of the contesting parties, and important measures to prevent and counteract such acts have been included into the mandates of the UN peacekeeping missions. This research aims to identify the logic of international community’s action to counter conflict-related sexual violence (CRSV) by strengthening peacekeeping initiatives, and complement ongoing research on the protection of women in armed conflict and situations of sexual violence. This goal entails an examination of all elements of the existing system: legal framework, the role of states, and the activities of the UN. The authors conducted a content analysis of the UN Security Council resolutions on the topic to trace conceptual terminological changes. At the same time, to identify the main contradictions in the rhetoric of states and, consequently, the motives of their actions, a discourse cluster analysis was used based on the statements of delegations in the UN Security Council. The resulting clusters display three unique positions of the national states that are mostly explained by different understandings of the term itself, the categories of victims of such violence, and the relevant tools for countering it. Emphasis could be placed on including sexual violence on the sanctions list, gender education in military training, increasing the number of women in peacekeeping and peacebuilding missions, or preventive measures. The authors identified the most active states pushing the anti-sexual violence agenda; they include Germany, the UK, the US, Canada, and France. The article also examines the practical implementation of UN peacekeeping mandates in terms of including measures to counteract sexual violence. The research confirms that peacekeeping missions are now more actively engaged in the international response to CRSV.