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Sexual Violence As A War Crime: A Case Study Of The Conflict In Tigray (Ethiopia)




Mariya Faiz, BALLB, KIIT School of Law, Bhubaneshwar


ABSTRACT


Sexual violence has been recognized increasingly as a deliberate weapon of warfare, not just as a war's byproduct. This paper examines the international law classification of sexual violence as a war crime with a focus on the Tigray conflict in Ethiopia (2020–2022). 1The conflict, which involved Ethiopian federal forces, Eritrean troops, along with allied militias, has witnessed common as well as systematic sexual violence that includes rape, sexual slavery, forced sterilization, in addition to deliberate HIV transmission. It is reported that these acts were intended to terrorize as well as humiliate the civilians. They were used to destroy communities as to punish perceived opposition. Based on international legal instruments such as the Rome Statute and the Geneva Conventions, the paper argues that the atrocities committed in Tigray fulfill the legal criteria for war crimes and possibly crimes against humanity. 2It also evaluates just how current legal and institutional mechanisms limit ensuring accountability, especially given Ethiopia's non-membership of the International Criminal Court. The study concludes with calls for independent investigations, international prosecutions, and survivor-centered justice mechanisms. These actions against impunity would uphold the rule of law in conflict zones.


Keywords: Tigray conflict, sexual violence, war crimes, international humanitarian law, Rome Statute, Ethiopia, crimes against humanity, accountability, rape in conflict, ICC.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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