The GENDER PERSPECTIVE IN INTERNATIONAL CRIMINAL JURISPRUDENCE: FIGHTING THE USE OF SEXUAL VIOLENCE AGAINST WOMEN AS A WEAPON OF WAR

Abstract

Sexual violence against women as a weapon of war is a practice as old as humanity. Despite this, it was not until 1998 that anyone was internationally convicted of this crime. In this context, this article aims to highlight the importance of introducing a gender perspective in the judgment of sexual crimes, as a way of combating the use of sexual violence in internal and international armed conflicts. For this purpose, bibliographic research was carried out on national and comparative doctrine, as well as documentary research on the jurisprudence of international criminal courts. Thus, initially, the relevance of incorporating a gender perspective in the elaboration and application of the Law was verified, as a way of combating discrimination against women, a preponderant factor for the use of sexual violence as a weapon of war. Subsequently, the contributions of the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda in the fight against sexual violence were identified, such as the expansion of the concept of sexual violence. Finally, the jurisprudence of the International Criminal Court was analyzed, showing how the incorporation of the gender perspective changed its performance, finally passing to condemn those accused of sexual violence. It is time for women's human rights to start being respected.