Ruth Montiel


Throughout history, sexual violence has been pervasive in wars, but international humanitarian law has only recently recognized such violence as a crime. Largely as a result of human rights advocacy, international human rights treaties, declarations, and protocols have begun to address the unique issues of rape in armed conflict and gender-based violence as a tool of war. The newly adopted international treaties, declarations, and protocols encourage states to employ an analysis of the role of gender identities in conflict in transitional justice and conflict resolution strategies. The human rights movement has thus made significant strides in bringing a nuanced gender perspective into armed conflict. Unfortunately, transitional justice bodies have not kept pace with these international instruments.