THE PROSECUTION OF SEXUAL AND GENDER BASED VIOLENCE IN ARMED CONFLICT AT THE INTERNATIONAL CRIMINAL COURT

Abstract

Sexual and Gender Based Violence (SGBV) is a wicked, harmful and animalistic act directed at persons of both sexes. Such acts include but not limited to rape, forced prostitution, selective malnourishment of female child, organ mutilation, and the like. SGBV is a prevalent issue that is devoid of solution. The most pervasive form of gender violence is rape and is the least recognised and prosecuted human rights violation. No doubt SGBV is generally accorded recognition as a crime under municipal and international law, yet victims suffer from under prosecution. SGBV remains largely under reported and under prosecuted mainly because of the shame, stigma, psychological, physical and emotional trauma ascribed to the victims. The paper provides an overview of the extent of prosecution of gender based violence in armed conflict and the challenges in the investigation and prosecution. It also explores the obstacles to gender sensitive investigation and prosecution thereof. Against this backdrop, the doctrinal method was used in the course of writing this paper whereby references were made to conventions, statutes, and case laws. This paper prescribed possible solutions in the form of recommendations and the way forward.