CYIL vol. 12 (2021)

peter klanduch CYIL 12 (2021) a “silent crime.” 53 Most of the conflict-related crimes involving sexual violence are committed during an armed conflict or in its aftermath. 54 Rape and other forms of sexual violence continued to be underreported throughout 2019. The United Nations verified 735 cases, most of them committed in the Democratic Republic of the Congo, Somalia, the Central African Republic, the Sudan, and South Sudan. 55 The IHRL provides a basic framework for a broad protection of children against all forms of physical and mental violence, including sexual abuse or child prostitution and pornography. 56 The Geneva Convention IV contains a general rule that safeguards the honor of protected persons. They should be treated humanely and protected against acts of violence or threats of violence and against insults and “public curiosity.” 57 The Additional Protocol I stipulates that children shall be the object of special respect and shall be protected against any form of “indecent assault.” 58 This wording might be interpreted as to cover most forms of sexual violence against children committed in international armed conflict. The Additional Protocol II explicitly prohibits rape, enforced prostitution, and “any form of indecent assault” in relation to persons not taking a direct part or who have ceased to take part in hostilities.” 59 The Rome Statute defines rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence as a war crime since it is considered a “grave breach” of the Geneva Conventions (if committed in international conflict) or a “serious violation” of Common Article 3 to the Geneva Conventions (if committed in non-international conflict). 60 If committed as part of a widespread or systematic attack on civilian population, those acts or “any other form of sexual violence of comparable gravity” may reach the threshold of crimes against humanity. Other violent acts of sexual nature may also be qualified as “other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.” 61 Rape or sexual violence used as a measure “intended to prevent births” within one or more protected groups might amount to the crime of genocide. 62 3.4 Abductions Child abductions are not a new feature of armed conflict, but has become increasingly prevalent in recent years. Abduction often serves as a precursor to other grave violations. Children are taken by force from homes, schools, and public spaces for a range of purposes, including for recruitment and use as combatants or in support functions, to be subjected to rape or other forms of sexual violence, such as forced marriage and sexual slavery, as well

53 Ibid. , pp. 236-237. 54 Ibid. , pp. 35-36. 55 UN Doc. A/74/845-S/2020/525 of 9 June 2020, para. 10.

56 E.g., Convention on the Rights of the Child, Article 19; see also Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 25 May 2000, 2171 UNTS 227.

57 Geneva Convention IV, Article 27. 58 Additional Protocol I, Article 77(1). 59 Additional Protocol II, Article 4(2)(e). 60 Rome Statute, Article 8(2)(b)(xxii), Article 8(2)(e)(vi). 61 Ibid. , Article 7(1)(g), Article 7(1)(k). 62 Ibid. , Article 6(d).

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