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Survivor-Centered Approaches to Conflict-Related Sexual Violence in International Humanitarian and Human Rights Law.

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This article outlines the history of international humanitarian law vis-à-vis conflict-related sexual violence (CRSV) from the promulgation of the Lieber Code in 1863 until the adoption in 2019 of United… Click to show full abstract

This article outlines the history of international humanitarian law vis-à-vis conflict-related sexual violence (CRSV) from the promulgation of the Lieber Code in 1863 until the adoption in 2019 of United Nations Security Council Resolution 2467. This article considers how a survivor-centered approach to CRSV has emerged, particularly since 2008. The authors identify 3 significant clinical, ethical, and legal lessons: (1) international humanitarian law, as articulated in the Geneva Conventions and other legal instruments, requires clinicians to adopt a holistic approach to care; (2) during or after any conflict in which CRSV has allegedly been inflicted, a clinician may be required to provide evidence to an official investigatory body or court; and (3) infliction of rape in any conflict may equate to commission of torture and possibly genocide, a reality which obliges every clinician to appreciate that a patient may simultaneously be a victim of human rights violations and of crimes.

Keywords: conflict; sexual violence; conflict related; international humanitarian; law; related sexual

Journal Title: AMA journal of ethics
Year Published: 2022

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