مجلة العلوم القانونية والاجتماعية

Sexual Violence In Conflicts Between International Law And Iraqi Law

Auteurs : Mendeli Zuhair .

Résumé

In light of the spread of international and internal conflicts, the world has known the types of violence used in wars for the purpose of control and imposing force. In past eras, conflicts were not limited to the use of weapons and the annexation of lands but rather included exposing people to injustice. Fighters were taken as prisoners of war so that males could be used for work and women as maids. The modern history of Iraq witnessed many conflicts, sometimes due to the occupation and sometimes due to internal conflicts, in which women were subjected to violence particular sexual violence and humiliation. International law has included many legal articles that prohibit sexual violence, including the Rome Statute of 1998, which considers the crime of sexual violence a crime of genocide, a crime against humanity, and a war crime. Accordingly, some laws have drafted legal articles to punish sexual violence. After the United Nations,international organizations published reports revealing cases of sexual violence in the world, including sexual violence crimes in Iraq, and the lack of legal research examining the true extent of sexual violence crimes in Iraq and the effectiveness of the provisions of the Iraqi Penal Code in punishing the crime of sexual violence, we decided to choose this topic.The article's main focus will be on how Iraqi law views sexual violence and how well it handles the crime in comparison to international law. Specific examples of this will include the 2005 Iraqi Constitution, the amended Iraqi Penal Code No. 111 of 1969, the Anti-Prostitution Law No. 8 of 1988, and the Yazidi Women Survivors Law No. 8 of 2021. The article aims to prove the existence of Iraqi legal rules that punish acts that lead to sexual violence, but not as a crime of sexual violence but rather as other crimes. This article will adopt an analytical approach by analyzing thre provision contained in the Iraqi laws relevant to the subject of the article and examining the extent to which they are consistent with international law.

Mots clés

Sexual Violence ; Iraqi laws ; International law