The article presents a comprehensive analysis of international legal approaches to the issue of sexual violence committed during armed conflicts, considering it one of the most serious violations of international humanitarian law. It examines the contemporary understanding of sexual violence as a manifestation of systemic discrimination, which is exacerbated in conflict environments. The authors emphasize that sexual violence in war is not a random occurrence, but rather a deliberate instrument of warfare or political coercion. The article explores key international legal sources containing provisions that directly or indirectly prohibit sexual violence in the context of armed conflict, including the Geneva Conventions, Additional Protocols, the Rome Statute of the International Criminal Court, UN Security Council resolutions, and other instruments. Special attention is given to the classification of sexual violence as a war crime, a crime against humanity, or genocide, depending on the context of its commission. The authors analyze the normative foundations of command responsibility and the principle of inevitability of punishment in light of modern practice of international tribunals and the work of the International Criminal Court. The article also highlights Ukraine’s experience in documenting acts of sexual violence during wartime, particularly in the context of the large-scale armed aggression by the russian federation. It identifies major challenges in evidence collection, victim protection, overcoming stigma, and ensuring justice. The findings indicate that effective counteraction to sexual violence in armed conflict requires not only the improvement of legal mechanisms but also the strengthening of international cooperation, institutional capacity, and the implementation of gender-sensitive justice. The authors stress the necessity of integrating international standards into national legal systems, creating interdisciplinary investigative teams, and overcoming the culture of impunity. The article offers legal and institutional guidelines to enhance accountability for sexual violence in the context of modern armed conflicts, which is a prerequisite for affirming humanity as a foundation of the international legal order.
Stepanchuk et al. (Tue,) studied this question.