Sexual Crimes in Armed Conflict: International Legal Framework and Contemporary Challenges

Škulić, Milan and Stevanović, Anđelija (2026) Sexual Crimes in Armed Conflict: International Legal Framework and Contemporary Challenges. Arhiv za pravne i društvene nauke, 121 (2). pp. 9-40. ISSN 0004-1270

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Abstract

Sexual crimes committed during armed conflicts represent some of the most serious violations of international humanitarian law and international criminal law. Although such crimes have accompanied armed conflicts throughout history, their recognition as distinct international crimes and the development of mechanisms for individual criminal responsibility have evolved gradually. The adoption of the Rome Statute of the International Criminal Court and the accompanying Elements of Crimes established a comprehensive legal framework for the prosecution of rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and other forms of sexual violence as crimes against humanity. Nevertheless, despite significant normative progress and the contribution of international criminal jurisprudence, the effective investigation and prosecution of sexual crimes committed during armed conflicts continue to face numerous practical and legal challenges. These include difficulties in evidence collection, the protection and participation of victims, establishing individual and command responsibility, and ensuring accountability in contemporary armed conflicts.

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