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The Nexus Between Conflict-Related Sexual Violence and Trafficking for Sexual Exploitation in Times of Conflict

Rina Ghafoerkha,W. Scholte,E. D. Volder,A. Brouwer

Published 2019 in Journal of Trafficking and Human Exploitation

ABSTRACT

In its 2018 report on conflict-related sexual violence the UN Secretary-General reiterated the importance of addressing the nexus between conflict-related sexual violence and trafficking in human beings for purposes of sexual exploitation in conflict. In this article we will explore this nexus from a psychological and a legal point of view. During conflict the climate of impunity and the extreme contrast between the mighty and the powerless offers an optimal setting and inevitable ground for sexual violence. In general, but in particular during conflict, being victimized by sexual violence once can put individuals at risk for similar or other forms of sexual re-victimization. For the victim who endured sexual violence, context hardly matters for its psychological impact. Therefore, in accordance with the UN Secretary-General report, from a psychological view there is no justification for a clear-cut distinction between conflict-related sexual violence and trafficking in human beings for purposes of sexual exploitation in conflict. Yet, from a legal perspective, this differentiation does matter: the legal definitions form the basis for the prosecution of perpetrators on the one hand and for access to particular rights for victims on the other. This article should be seen as a first exploration into the nexus between both crimes, when it comes to the impact on the lives of the victims/survivors, the definition of the crimes, and the resulting access to rights for victims/survivors of these crimes. DOI 10.7590/245227719X15476235096517 2452-2775 2019 Journal of Trafficking and Human Exploitation * UN Security Council, Report of the Secretary-General on Conflict-Related Sexual Violence (S/2018/250), 23 March 2018. 1 JOURNAL OF TRAFFICKING AND HUMAN EXPLOITATION; VOL. 3, NR. 1, 9-33, PARIS LEGAL PUBLISHERS

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