무력분쟁시 여성의 인도적 보호 - 성폭력을 중심으로 -

Abstract

Sexual Violence is not a new phenomenon in all forms of international and non-international armed conflicts. In many armed conflicts women has been systematically targeted at sexual volence. It have been directed as an instrument of war. Especilally, the deliberate use of rape as a weapon of armed conflict is a central strategy in the Serbian effort to seize and maintain territorial control in the former Yugoslavia. Sexual violence is a a particullary brutal act against its victim. It has long been considered as a crime against Humanity, and a crime against Honor and Dignity, grave breaches of humanitarian norms, slavery, genocide and torture. Women shall be especially protected against any attack on their honour and outrages on personal dignity, in particular rape, enforced prostitution, or any form of indecent assault. But Sexual violence against women during armed conflict has not seemed to draw much attention. It has ranked along with plunder as one of the armed conflict’s unfortunate byproducts. The inevitability of wartime sexual violence appears to be accepted and until recently was largely ignored. Every state of international community has the duty to prosecute persons suspected of sexual violence crimes who are on its territory However, Individuals committing such a crime are unpunished and the prohibition of sexual violence has been unenforced. To overcome these humanitarian crisis, sexual violence against women during armed conflict, it is urgent that we should assure concrete and effective law regime and applicable methods. States and parties to an armed conflict must do their utmost to uphold respect for the safety and dignity in wartime. International community have the duty to promote the rules protecting women from any form of violence in armed conflict and establish of mechanisms to investigate, and should crimes occur, to bring to justice and punish all those responsible. The responsibility for improving the plight of women in times of armed conflict must be shared by everyone. Even though reaffirmation and development of humanitarian rules, reinforcement of humanitarian preventive activities of international institutions and penal prosecution of the perpetrators are an important step in creating limits for sexual violence. It is by no means the only step to take. An even more important step is for decision makers and individual combatants to incorporate the concepts of humanitarian rules in their decision and actions.