Sexual and Gender-Based Violence Committed by Non-State Armed Groups Against Women/Girls and lgbti+ Persons in Non-International Armed Conflicts: Peru’s Case
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引用次数: 0
Abstract
The Peruvian Communist Party/Shining Path or Sendero Luminoso (pcp-sl) and the Tupac Amaru Revolutionary Movement (mrta) committed rape and other sexual violence atrocities against women/girls and executions of lgbti+ persons during Peru’s non-international armed conflict (niac) (1980–2000). This article analyses sexual and gender-based violence (sgbv) perpetrated by these non-State armed groups (nsag s) against women/girls and lgbti+ persons under international humanitarian law (ihl) binding nsag s, complemented with a rebel governance approach (including female membership in these groups). This case-study can illustrate whether nsag s fulfil ihl obligations, also identifying inconsistencies between their doctrines and actions. After examining gender-related issues concerning the pcp-sl/mrta and their sgbv crimes against women/girls and lgbti+ persons, this article applies an analytical framework consisting of a gender-focused rebel governance approach and, mainly, ihl to sgbv perpetrated by the pcp-sl/mrta. ihl analysis involves: ihl bindingness over nsag s; prohibition of sgbv binding nsag s; and the nsag s’ (emerging) obligation to redress.
期刊介绍:
The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law. The Journal welcomes submissions in the areas of international humanitarian law, international human rights law, international refugee law and international law relating to disaster response. In addition, other areas of law can be identified including, but not limited to the norms regulating the prevention of humanitarian emergency situations, the law concerning internally displaced persons, arms control and disarmament law, legal issues relating to human security, and the implementation and enforcement of humanitarian norms. The Journal´s objective is to further the understanding of these legal areas in their own right as well as in their interplay. The Journal encourages writing beyond the theoretical level taking into account the practical implications from the perspective of those who are or may be affected by humanitarian emergency situations. The Journal aims at and seeks the perspective of academics, government and organisation officials, military lawyers, practitioners working in the humanitarian (legal) field, as well as students and other individuals interested therein.