Violence against women is a significant human rights issue that affects them globally at large at times of humanitarian conflict. The International Criminal Tribunal for Rwanda (ICTR) Trial Chamber determined inthe Akayesu case that sexual violence is defined as "any act of sexual nature which is done on a person under circumstances which are coercive"1.

The Trial Chamber further ruled that sexual violence is not confined to a physical invasion of the human body but may also include acts other than physical violence that do not constitute penetration. Humanitarian crises frequently involve sexual violence, rape, genocide, and other atrocities of war, which are common occurrences in such settings. In the aftermath of a man-made catastrophe, these incidents can become more severe as they persist throughout the conflict.

The victims are typically women, children, men, and even members of the LGBT community, whose vulnerability is heightened by the chaos of a crisis. The history of humanitarian crises has shown that sexual violence is often used as a weapon of war, serving as a tactic to advance the political agenda of armed groups. During the Bangladesh war in 1971, between 250,000 and 400,000 women were raped. A similar atrocity occurred during the war in Uganda, where 80% of the women were abducted and raped by soldiers.

These issues often go unreported because of the low status of women in a patriarchal society where they have to face humiliation. Apart from issue like atrocities and sexual violence another issue that lies beneath the conflict isthe displacement of individuals at large. More people are being displaced by crises todaythan at anytime since the second world war.

More than 1 billion people (16% of the world's population) live in nations that are experiencing protracted humanitarian crises and half of the world's poorest people reside in these nations7. The issue of sexual violence has received more and more attention in recent years. The World Health Organization first formally acknowledged sexual assault as a critical issue that required attention for concerns about global health, development and gender equality in the year 20028.

At the time of humanitarian crisis and post-conflict settings, there has been an increase in the quantity andscope of programs that cater to the needs of female victims of sexual assault. There has also been a rise in the number of initiatives that focus on the prevention of sexual violence and are also aimed at providing resources to the victims of conflict. However, the needs of both men and women as well as children who has deal with financial and psychological issues continue to outcome the available resources.

Organizations that operate in post-conflict and in-conflict settings are researching sexual violence data in their collaboration. Growing concerns about the scope and kind of sexual violence in conflict situations expose the vulnerable position of women and children thus, increases the requirements of interventions that can calculate the scale of sexual violence and will increase the scope of research on this topic. However, the evidence base continues to be inadequate despite the various attempts that are being made to gather this data.

This causes a major problem for humanitarian organizations that wish to stop sexual assault and help the victims. The International Committee of the Red Cross (ICRC) is working on a new strategy to make it operational. This strategy is based upon theassumption that sexual assault occurs in armed conflicts and therefore, proper humanitarian aid should be provided to the victims in the absence of a proper mechanism9.

Sexual Violenceasa Weapon of War
Right from time immemorial women have been sexually and mentally assaulted, raped and molestedthroughout the war. Women in earlier times were regarded as the spoils of war or otherwise referred to as war booty. During the second world war, systematic sexual violence was committed in the form of sexual slavery and sex camps were established for the very purpose10.

Rape as a tactic of war continues to be one of the most horrific crimes against humanity. At the time ofpeace, these tactics are significantly low as compared withwar times, because at times of war these acts of violence were more systematic, strategic and planned11. During the second world war, around 100,000 to 200,000 Asian women were captured by Japanese soldiers and served as prostitutes12.

In the 20th and 21st centuries, sexual assault has been the worst and most destructive form of warfare. It obliterates the existence of people as well as their families, communities and generations. It is a weapon that undermines and demoralizes the pride, honor and physical integrity of individuals. Most rape victims either die as a result of being killed by a group of rapists or commit suicide as a result of their psychological and emotional humiliation.

Sexual assault can never be used as a tactic in times ofwar as nothing can be achieved out of it. Instead, it will create a long-lasting impact on the victim. As the victims have to go through various mental conditions which also result in the risk of infections like HIV/AIDS that cause death. Sexual violence in times of conflict also creates a negative impact on the victim's community. As the community rejects the victims considering them unclean, abused, and neglected. It means that sexual violence not only harms the victims but also affects the future and political stability.

Human Rights Implications of Sexual Violence:

Sexual violence in times of humanitarian conflict is a gross violation of the human rights of women. it amounts to gender-based violence against women that results in the oppression of women in society. There is a certain implication that is carried by the sexual violence against the women such as the right to life being violated during the war. Also, it results in the degradation of women's decency, honor, and dignity13.

The humiliation experienced by women during wartime violence leaves an everlasting emotional and psychological scar. Furthermore, the conflict also violates one's right to security and bodily integrity. The integrity of an individual is considered to be sacred and untouchable. women possess absolute control over their bodies and they have the unalienable right to decide when, how, and with whom to have a sexual act.

Violence against women is one of the most common human rights violations on a global scale. The issue of violence against women has drawn more attention internationally since the mid-1990s when the global society started to recognize it as societal issue that affects everyone at large on the global level. However, there is still no express international human rights treaty that forbids violence against women and the topic is still inadequately defined and understood in terms of international human rights law14.

Also, none of the United Nations (UN) treaties specifically address this subject comprehensively. Human rights law has received criticism in recent years from academics and activists for its failure to protect those women who are victims of gender-based violence.

Over the years, more than 160 nations have ratified the United Nations Convention on the Elimination of all forms of violence against women and many countries have inserted provisions in their constitutions and penal codes as one attempt to address this issue and to protect women from violence. However, there are just 17 nations globally that consider maritalrape to be a crime and only 44 countries particularly protect women from domestic violence15. All of these point to the idea that violence against women is the most urgent issue. The21st century still presents challenges to the protection of women's human rights.

Position of Children at the Time of Humanitarian Conflict:

1. Impacton Children
   Humanitarian conflicts can severely affect children's formative years which affects their survival, growth, and development. The institutions that keep children protected in their homes, schools, and communities may be damaged or harmed when civilians are forced to displace from their communities. children may be abducted away from their families by the military, armed groups, or even trafficked, recruited, or employed in their groups. These children are subjected to sexual exploitation and made to live in conditions akin to slavery and subjectedto physicaland sexualabuse. Duetothegender disparities that exist before acrisis and arefrequently exacerbated during humanitarian emergencies, boys and girls face different risks.
   
   An estimated 535 million children, or about one in four children worldwide, reside in nations experiencing humanitariancrisesand frequentlylackaccessto protection, cleanwater, sanitaryfacilities, enoughnutrition, or decent education. There is a certain convention on the rights of the children and policies framed by UNICEF that are with its core commitments of protecting children in humanitarian conflict, which are governed by international humanitarian and human rights law and are applicable at all times, to all children, and in all circumstances.
    
2. Challenges:
   One of the main challenges in preserving children's rights in humanitarian situations is the lack of international aid. In recent years, armed conflicts, civil upheavals, high-risk locations, and the targeting of humanitarian groups have made this period the deadliest on record for the humanitarian community.
   
   Secondly, insufficient humanitarian access may result from security issues, such as ongoing hostilities, military operations, attacks on humanitarian workers, or a lack of facilities. It can also be caused by interventions from warring parties when they impose restrictions on the freedom of affected communities, preventing them from moving to safer areas to receive necessary aid and supplies.
   
   The lack of educational infrastructure is a crucial factor influencing children's decisions to take up arms or engage in other forms of labor. Education is a fundamental prerequisite for a child's development. Despite this, the overall literacy rate stands at 38.2%, which, although relatively high, does not negate the impact of humanitarian conflicts on a child's overall development.
    
3. International Sanctions to Counter Violations:
   To prevent the recruitment and use of children under the age of 18 in hostilities, the United Nations General Assembly enacted the *Optional Protocol to the Convention on the Rights of the Child* in 2000. According to Article 77(2) of Additional Protocol I to the Geneva Conventions, States Parties are required to take reasonable steps to ensure that children under the age of fifteen do not directly participate in hostilities and, in particular, to refrain from enlisting minors in their armed forces. Preventing children from participating in armed groups is crucial, as they are more vulnerable to sexual and mental abuse, particularly in times of conflict.
   
   The government should ensure that the 2015 age assessment rules are properly followed, as the absence of a proper age assessment framework remains a significant barrier. The reintegration of affected children into society should be based on a sensitive, rehabilitative approach. They should have access to specialized rehabilitation facilities and should never be treated on par with adult offenders. These children must receive adequate legal aid. Additionally, the government should establish alternatives to incarceration and ensure that children are always treated in accordance with their best interests and juvenile justice norms.
    

Sexual Violence against LGBT: "An Unaddressed Issue"

1. Gender-Based Violence Sexual violence against women and men is a well-known issue worldwide that has been extensively researched. However, a lesser-known fact is the ongoing violence faced by the LGBT community, especially in times of conflict. The United Nations recognizes violence against LGBT individuals as a form of gender-based violence. Gender-based violence is defined by the Committee on the Elimination of Discrimination Against Women (CEDAW Committee) as "violence that is aimed against a woman because she is a woman or that affects women disproportionately." However, the term is not limited to violence against women alone. It also includes other vulnerable groups in society, such as LGBT individuals, who frequently endure harassment in post-conflict environments and are often forced to conceal their sexual orientation or gender identity. Security personnel, members of the community, and other refugees frequently abuse LGBT individuals, placing them in a highly vulnerable position²⁰. Reports from human rights organizations and civil society indicate that LGBT individuals, especially trans women, are more susceptible to attacks by armed groups and organized crime, particularly in countries like Central America. Additionally, there have been numerous reports of "corrective rape" targeting homosexuals and trans women²¹.
    

2. Sexual Orientation and Gender Identity

   Discrimination and targeted violence based on sexual orientation and gender identity (SOGI) affect a significant portion of the global population. However, only recently has SOGI been acknowledged as a valid ground for seeking asylum in other countries under the 1951 Convention Relating to the Status of Refugees ("Convention"). More specifically, SOGI has been recognized as a characteristic defining membership in a particular social group²². Violence against individuals based on their sexual orientation and gender identity has sharply increased in recent years, particularly in unstable, violent, and conflict-ridden nations. Many of the countries experiencing the most severe humanitarian crises, as well as those hosting the largest numbers of refugees and internally displaced persons, continue to criminalize consensual same-sex sexual acts and other aspects of SOGI²³. The disproportionate vulnerability of sexual and gender minorities in areas affected by fragility, conflict, and violence has been well-documented by development and humanitarian organizations. These minorities face significant challenges in accessing justice, basic services, and employment opportunities²⁴. Additionally, they have specific protection needs, particularly in situations involving forced eviction. They are also more likely to encounter gender- and sexual-based violence.
    

3. International Law and Protection of LGBT People

   There is no comprehensive international legal framework that explicitly protects the rights of sexual and gender minorities, particularly in war zones. Furthermore, no general human rights treaty directly addresses the rights of LGBTI individuals²⁵. Under international human rights law and customary law, states have a responsibility to respect, safeguard, and uphold the rights of sexual and gender minorities. The state must allow individuals and groups to exercise their fundamental human rights without interference²⁶. Additionally, states are responsible for protecting LGBT individuals from violations committed by third parties. In times of conflict, international humanitarian law does not replace international human rights law; rather, it complements it, as human rights law remains applicable at all times. To address the vulnerabilities of sexual and gender minorities in humanitarian crises, it is essential to ensure that the humanitarian imperative is fulfilled. The principles of objectivity and inclusivity in humanitarian law must also be extended to LGBT individuals to ensure their rights are protected and recognized, especially in armed conflict settings.

Role of International Humanitarian Law:

International Humanitarian Law (IHL) is a fundamental legal framework that governs war and armed conflict. It is also referred to as international human rights law, the law of armed conflict, or the law of war. It is a branch of international law that regulates the conduct of warfare to prevent cruelty and inhumane treatment of both combatants and civilians. After World War II, IHL reached its full development. However, at the time of the Tokyo Tribunal trials in 1945, sexual violence was not recognized in the tribunal's charters as a global issue. UN Resolutions, Conventions, Declarations, and Regional Instruments are some of the key responses formulated under IHL, particularly for the protection of women during armed conflicts.

The Geneva Convention of 1929 on prisoners of war states that female prisoners of war "must be treated with all consideration due to their sex" and that all prisoners of war have the right to "respect for their persons and honor." Furthermore, the International Court of Justice (ICJ) has referred to Article 3 of the four Geneva Conventions as expressing "elementary notions of humanity" applicable to all forms of armed conflict, including non-international armed conflicts. IHL treaties demonstrated an early awareness of sexual violence during armed conflicts and sought to prohibit it. However, as products of their time, they did not explicitly address the issue.

Within the scope of international humanitarian law, numerous resolutions have been adopted by various international entities, though some lack enforcement at the state level. The UN General Assembly solemnly proclaimed the Declaration on the Protection of Women and Children in Emergency and Armed Conflict, urging all combatants and member states to end the suffering of women and children during armed conflicts. This declaration highlights the plight of women in war and establishes principles allowing victims of sexual assault and rape to seek compensation.

The International Committee of the Red Cross (ICRC) is a key institution that has long worked to protect individuals during times of war and conflict, playing a significant role in shaping IHL. Additionally, the ICRC advises against targeting individuals seeking to profit from conflicts and strictly prohibits indiscriminate attacks on hospitals, schools, and other civilian infrastructures. Several other international organizations and activists also provide assistance to war victims, striving to improve their lives and mitigate their suffering.

If international legal standards prohibiting and criminalizing sexual violence are not properly enforced at the national level, they remain ineffective. This necessitates the incorporation of international law principles into domestic legal systems. National legal frameworks must adequately criminalize sexual violence and align with international legal standards. Additionally, the global and domestic prohibition of sexual violence must be integrated into police and military commands, doctrines, and rules of engagement. However, a strong domestic legal and administrative system alone is not sufficient; effective enforcement mechanisms and international cooperation are crucial for ensuring justice and accountability.

Suggestion and Recommendation
There are already several frameworks and policies that have been recognized internationally to protect the rights of the victims of sexual violence in a humanitarian setting. However, the only problem lies in the implementation process of these policies.

Below are some recommendations that can be followed to address the issue in a more significant way:

• Countries should take a gender-sensitive approach to address the problem, as sexual violence is not only against women but also other communities of society.
• The UN can take active steps by sending its peacekeeping troops into a conflict area so that violence can be avoided and victims can be safely aided.
• The number of female troops should also be increased so that they can provide sufficient aid to female victims.
• The ICJ should take up the issue, and the personnel responsible should be brought to justice.
• The legal gap between national and international rules should be minimized regarding the prosecution of offenders, regardless of their standing in society or the government. For better prosecution, the state should work with international organizations. Even if cases are not reported, the ICRC should assist victims. Regular surveillance can help in assisting victims.
• There must be employment opportunities. The need to encourage refugees to engage in society should be emphasized.
• If proven guilty, the individual must be prosecuted. The government must implement policies, with the UN Security Council's aid if necessary.
• Since most sexual assault cases go unreported, the government should set up medical treatment facilities, locate victims, and provide the necessary medical and legal help. Medical aid can be ensured by placing nurses in refugee camps to both treat patients and investigate specific cases.

Conclusion Humanitarian scenarios frequently involve sexual violence, leading to widespread violations of human rights. As the level of conflict increases, the problem of sexual assault becomes considerably more serious. During times of crisis, sexual violence is often used to advance political agendas where the perpetrator fulfills their goal while exerting dominance. Not only are human rights violated during humanitarian emergencies, but also a significant number of populations get displaced.

In combat situations where rape is considered the norm, reports have shown that both men and women are impacted. Various agencies and frameworks, such as the International Committee of the Red Cross, are established to address the victims of sexual violence. These agencies conduct research to find possible solutions to the current situation through their initiatives and programs. However, every initiative faces the challenge of a weak evidence base, making it difficult for agencies to collect data from conflict zones.

The threat that sexual violence poses to peace and security during humanitarian crises must be emphasized. It prevents women from taking part in democratic, peacemaking, and post-conflict rehabilitation and reconciliation processes. As a weapon of war, it can become a way of life once ingrained in societal norms, persisting long after the last shot has been fired. Rape causes many women to lose their health, livelihoods, families, and support systems.

This, in turn, undermines the transfer of communal values to subsequent generations by uprooting the supporting structures that hold them in place. Those who are exposed to rape as children may grow up accepting it as the norm. This vicious cycle must be broken because a selective zero-tolerance approach is not an option.
End-Notes:

1. ICTR, Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4, Judgment (Trial Chamber), 2 September 1998, para. 688; ICTR, Prosecutor v. Alfred Musema, Case No. ICTR-96-13, Judgment (Trial Chamber), 27 January 2000, para. 965.
2. ICTR, Akayesu, above note 8, para. 688.
3. Leslie, "Rape in War: the humanitarian response" (2000 Oct 31) https://pubmed.ncbi.nlm.nih.gov/11079062/ accessed 13 November 2022.
4. Malancha Chakrabarty, 'A war within a war: Sexual violence as a weapon of war' (MAR 23 2022) https://www.orfonline.org/expert-speak/sexual-violence-as-a-weapon-of-war/ accessed 12 November 2022.
5. Goldstein, Joshua, War and Gender: How Gender Shapes the War System and Vice versa (Cambridge, Cambridge University Press, 2001).
6. Ibid.
7. Filippo Grandi, 'Every minute in 2018, 25 people were forced to flee' (2018 Dec 21) https://www.unhcr.org/globaltrends2018/ accessed 11 November 2022.
8. Clare Wenham, 'WHO runs the world – (not) girls: gender neglect during global health emergencies' (2021 May 21) https://www.tandfonline.com/doi/full/10.1080/14616742.2021.1921601 accessed 10 November 2022.
9. ICRC, "The ICRC its mission and work" https://www.icrc.org/en/doc/assets/files/other/icrc_002_0963.pdf accessed 10 November 2022.
10. C. Chinkin, "Rape and Sexual Abuse of Women in International Law", 1994, 5 E.J.I.L. 326.
11. The 1996 Shame of Bosnia's Raped POWs, Independent, 28 April 1996 at 7.
12. I. Chang, The Rape of Nanking: The Forgotten Holocaust of World War II (1997).
13. Medicines Sans Frontiers (MSF), I Have No Joy, No Peace of Mind: Medical, Psychosocial and Socio-Economic Consequences of Sexual Violence in Eastern DRC (Paris MSF, 2004).
14. Rashida Manjoo, "Violence against women: an issue of human rights" https://www.ibanet.org/MediaHandler?id=AF5614B2-9EDE-440E-979F-B266E7B58B2E accessed 8 November 2022.
15. Ibid.
16. COMMENTARY OF 1987 EVACUATION OF CHILDREN TREATIES, STATES PARTIES, AND COMMENTARIES - ADDITIONAL PROTOCOL (I) TO THE GENEVA CONVENTIONS, 1977-78 - EVACUATION OF CHILDREN - COMMENTARY OF 1987, https://ihldatabases.icrc.org/applic/ihl/ihl.nsf/Comment.xsp? accessed 12 November 2022.
17. CEDAW Committee, General Recommendation No.19, 1992, para. 6.
18. Banwell S. Security, peace and development: unpacking discursive constructions of wartime rape and sexual violence in Syria. Int J Peace Development Stud. 2018;9(2):15–30.
19. Alon Margalit, 'Still a blind spot: The protection of LGBT persons during armed conflict and other situations of violence' (31 Oct 2019) https://www.corteidh.or.cr/tablas/r39345.pdf accessed 10 November 2022.
20. UNHCR, 'Guidelines on International Protection No. 9: Claims to Refugee Status Based on Sexual Orientation and/or Gender Identity within the context of Article 1 A(2) of the 1951 Convention and/or its Protocol relating to the Status of Refugees', (23 October 2012), HCR/GIP/12/01, para 18 (UNHCR Guidelines).
21. O'Connor, Jasmine. 2012. "A Humanitarian Blind Spot?" (blog), October 9. https://odihpn.org/blog/a-humanitarian-blind-spot/ accessed 12 November 2022.
22. World Bank. 2018b.
23. Clifton Cortez, 'Sexual Orientation and Gender Identity' (March 2020) https://openknowledge.worldbank.org/bitstream/handle/10986/33722/Sexual-Orientation-and-Gender-Identity-in-Contexts-Affected-by-Fragility-Conflict-and-Violence-Discussion-Paper.pdf?sequence=1&isAllowed=y accessed 10 November 2022.
24. Ibid.
25. OHCHR, 'Fact Sheet No.13, International Humanitarian Law and Human Rights https://www.ohchr.org/Documents/Publications/FactSheet13en.pdf accessed 12 November 2022.
26. D. Brouwer, Anne Marie, "Supranational Criminal Prosecution of Sexual Violence" Intersection, at 5.
27. Convention relative to the Treatment of Prisoners of War, Geneva, 27 July 1929, Art. 3.
28. ICJ, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Judgment, ICJ Reports 1986, para. 218. See also ICJ, The Corfu Channel Case, Judgment, ICJ Reports 1949, p. 22.
29. ICRC, 'The International Committee of the Red Cross as guardian of international humanitarian law' (31 Dec 1998) https://www.icrc.org/en/doc/resources/documents/misc/about-the-icrc-311298.html accessed 10 November 2022.
30. Vartika Tiwari, 'Sexual Violence perpetrated during armed conflict vis-à-vis Refugees/Immigrants' (19 Mar 2018) https://articles.manupatra.com/article-details/Sexual-Violence-Perpetrated-During-Armed-Conflicts-Vis-a-vis-Refugeesimmigrants accessed 9 November 2022.