The paper critically examines the conceptualization and prosecution of sexual violence under international law, focusing on the limitations of legal language and frameworks in addressing diverse victim experiences. The study investigates landmark cases from international tribunals such as ICTR, ICTY, and ICC, highlighting the regression and challenges in defining sexual violence primarily through narrow notions of consent, penetration, and evidentiary requirements. It argues for a broader and more inclusive conceptualization that transcends Eurocentric legal definitions, especially in postcolonial contexts. Using the case study of Kashmir's half-widows, the paper illustrates how current international and domestic legal standards inadequately capture the complex gendered violence experienced - which includes psychological harm and social stigma beyond physical sexual violence. The research finds that the normative role of international law already presents an opportunity for its adoption of broader language that trickles down to domestic courts, promoting inclusive definitions that recognize the varied forms of sexual and gender-based violence perpetrated in conflict zones. Through this analysis, it also contributes to debates on the effectiveness of international law and the need for adaptive legal frameworks that incorporate postcolonial and feminist perspectives to better serve victims globally.
Shreya Gautam (Sat,) studied this question.