Crimes of Sexual and Gender-Based Violence in Times of Peace and Effective Victim’s Redress under International Law

Lupwana L.JJ Kandala, University of Venda

Domestic and international legal order for sexual and gender-based violence (SGBV) has advanced. However, criminal accountability inadequacy to address SGBV and the extent to which civil liability of the state for the breach of international obligations constitutes an alternative route for addressing SGBV crimes have not been adequately explored. The paper uses a doctrinal research method of data collection to explore states’ obligations for sexual and gender-based violence occurring in times of peace. It analyses judicial precedents, journal articles, and international humanitarian and human rights instruments. The paper concludes by suggesting that states’ liability is more appealing because it is more likely to increase the potential for states to take their international legal obligations toward victims’ rights to reparation more seriously.