Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

80 PRACTITIONERS GUIDE No. 12
Violence against women in armed conflict and under
international criminal law
Acts of gender-based violence taking place in international
armed conflicts (conflicts between States, or involving
occupation) will be considered a crime under international law
where the conduct is categorized as a grave breach under the
1949 Geneva Conventions or Additional Protocol I of 1977, or a
violation of customary international humanitarian law. 207 The
Rome Statute of the International Criminal Court (Rome
Statute) also codifies, amongst other crimes, the grave
breaches offences under the Geneva Conventions. With respect
to acts of gender-based violence in non-international armed
conflicts (conflicts with or between armed non-State actors),
such acts may amount to crimes under customary international
law, as well as those reflected in the Rome Statute.
Certain forms of violence against women may also be classed
as a crime against humanity, which may take place within or
outside of situations of armed conflict, as prohibited under
customary international law and the Rome Statute. For such
conduct to qualify as a crime against humanity, it must have
been “committed as part of a widespread or systematic attack
directed against any civilian population”, 208 where the
207
The International Committee of the Red Cross (ICRC) defines
customary international law as consisting of “rules that come from "a
general practice accepted as law" and exist independent of treaty law.
Customary [international humanitarian law] is of crucial importance in
today’s armed conflicts because it fills gaps left by treaty law and so
strengthens the protection offered to victims.”: see the ICRC’s
database of customary international humanitarian law, URL:
https://www.icrc.org/en/war-and-law/treaties-customarylaw/customary-law.
208
Rome Statute of the International Criminal Court, Article 7. As of
10 November 2015, there are 123 States parties to the Rome Statute.
Of those, 34 are African States, 19 are Asia-Pacific States, 18 are from
Eastern Europe, 27 are from Latin American and Caribbean States,
and 25 are from Western European and other States: see URL
https://www.icc-