Sexual and Gender-Based Violence Committed by Non-State Armed Groups Against Women/Girls and lgbti+ Persons in Non-International Armed Conflicts: Peru’s Case

In: Journal of International Humanitarian Legal Studies
Juan-Pablo Pérez-León-Acevedo Post-Doctoral Fellow and Lecturer, Faculty of Humanities and Social Sciences, University of Jyvaskyla, Jyvaskyla, Finland
Affiliated/Visiting Researcher, PluriCourts, Law Faculty, University of Oslo, Oslo, Norway
Visiting Professor of International Law, Facultad de Derecho, Universidad Tecnológica del Perú, Lima, Peru

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The Peruvian Communist Party/Shining Path or Sendero Luminoso (pcp-sl) and the Tupac Amaru Revolutionary Movement (mrta) committed rape and other sexual violence atrocities against women/girls and executions of lgbti+ persons during Peru’s non-international armed conflict (niac) (1980–2000). This article analyses sexual and gender-based violence (sgbv) perpetrated by these non-State armed groups (nsag s) against women/girls and lgbti+ persons under international humanitarian law (ihl) binding nsag s, complemented with a rebel governance approach (including female membership in these groups). This case-study can illustrate whether nsag s fulfil ihl obligations, also identifying inconsistencies between their doctrines and actions. After examining gender-related issues concerning the pcp-sl/mrta and their sgbv crimes against women/girls and lgbti+ persons, this article applies an analytical framework consisting of a gender-focused rebel governance approach and, mainly, ihl to sgbv perpetrated by the pcp-sl/mrta. ihl analysis involves: ihl bindingness over nsag s; prohibition of sgbv binding nsag s; and the nsag s’ (emerging) obligation to redress.

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