This article reviews feminist literature to contextualize how sexual and gender-based violence against women is rooted in discriminatory gender-power dynamics. Indeed, sexual and gender-based violence against women, such as rape, forced marriage and lack of access to sexual and reproductive health care, constitutes a gross violation of women’s rights in times of peace, which is exacerbated during armed conflicts and can amount to war crimes. The article will then offer an innovative comparative analysis of the main provisions of International Humanitarian Law and International Human Rights Law that prevent and address violations of women’s rights. More specifically, the article examines the synergies between the Convention on the Elimination of All Forms of Discrimination against Women Convention and the 1949 Geneva Conventions and their 1977 Additional Protocols (the Geneva Conventions) in establishing standards for the protection of women’s rights in both times of peace and in armed conflict situations. Despite limitations in the compliance enforcement of the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women Committee’s extraordinary reporting mechanism and the implementation of its Framework of Cooperation with the United Nations Special Representative on Sexual Violence in Conflict remain a strategic tool supporting national and international efforts to prevent and combat sexual and gender-based violence against women, both in times of peace and armed conflict.
Jelena Pia-Comella (Wed,) studied this question.