INDIVIDUAL RIGHT TO REPARATION FOR VICTIMS OF SEXUAL VIOLENCE DURING ARMED CONFLICT IN INTERNATIONAL LAW – THEORY & PRACTICE

“Today civilians are the most affected victims of the waging of war which international law has not been able to prevent yet. Among them the number of victims of sexual violence is increasingly high. Nevertheless, there is still a widespread culture of denial of gender-based violence, and a lack of effective national and international prosecution of the perpetrators, and redress for the victims.
The system of mechanisms and the provided access to courts are still incomplete. International law still lacks the important enforcement power to ensure that victims actually receive reparations. It is still in the hands of states to ensure the enforcement of international court decisions in regards to reparations…..Various approaches have shown that reparative justice can be brought via different ways outside the ordinary court system.
Nevertheless, women in particular often face normative and practical barriers which prevent them from accessing the benefits of reparation programs. Gender sensitivity and special awareness for victims of sexual violence must be included in transitional justice……Sexual violence is one of the most terrifying violations committed against civilians on a massive scale.”