O uso da violência sexual em conflitos armados como tática de guerra e a jurisdição do tribunal penal internacional

Abstract

The present study aims to analyze the use of sexual violence as a tactic of war in armed conflicts, and to understand the jurisdiction of the International Criminal Court on this use of sexual violence, through the observation of how the theme was inserted in international jurisdiction. As well as observing the armed conflict in Bosnia-Herzegovina between 1992 and 1995. The study was carried out using the deductive method, with analysis based on bibliographic and qualitative research on the subject. Therefore, this study demonstrates that, when this violence is applied with political and military objectives within an armed conflict, it can be seen as a tactic of war. It was also shown, based on an analysis of international humanitarian law, that after the formation of the International Criminal Courts of the former Yugoslavia (1993) and Rwanda (1994), sexual violence systematically perpetrated in armed conflicts was characterized as a war crime. Subsequently, the International Criminal Court deepens this characterization, expanding the forms of sexual violence denominated as war crimes and crimes against humanity. Finally, it is expressed that the conflict in Bosnia-Herzegovina (1992-1995) influenced the international agenda in relation to the perception of the use of sexual violence in armed conflicts.