Behind Battle Lines Analysing Commanders' Decisions Around Conflict-Related Sexual Violence And Exploitation And Their Penal Consequence

Heys, Alicia; Veldhuizen Ochodničanová, Eva; Veldhuizen Ochodničanová, Elza Maaike; Muraszkiewicz, Julia

Abstract

This paper analyses the motivation behind military commanders’ perpetration, facilitation and tolerance of conflict-related sexual violence (CRSV), and considers the decision making behind the imposing of punitive measures.
It begins by investigating macro-level criminological perspectives behind CRSV, focusing on understandings of gender, masculinities and power in conflict settings. Meso-level conflict dynamics are subsequently explored to navigate the strategic motives behind CRSV, relating to its deployment to meet military objectives, and its use in regulating and building cohesion among troops. Consideration is then given to micro-level psychological perspectives to elucidate individual decision-making that leads to commanders tolerating or encouraging CRSV. This includes an analysis of some of the most relevant theories within social psychology including social identity theory and moral disengagement. Finally, case law from the International Criminal Court is scrutinised to understand the current approaches towards punishing CRSV, before arguing that a lack of knowledge on when and how CRSV will be committed means that punishment should be influenced by a victim-centric approach.
The paper provides an original, multidisciplinary understanding of the state of the academic literature on military command and CRSV. It uniquely brings together criminological theory, conflict analysis and psychological understandings to provide a holistic overview, before investigating approaches towards punishment and prevention. In providing a rigorous review of current understandings and highlighting the limitations of extant knowledge, the paper holds value in paving the way for research to better understand and improve interventions regarding commanders committing CRSV.

Citation

Heys, A., Veldhuizen Ochodničanová, E., Veldhuizen Ochodničanová, E. M., & Muraszkiewicz, J. (2024). Behind Battle Lines Analysing Commanders' Decisions Around Conflict-Related Sexual Violence And Exploitation And Their Penal Consequence. Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence, 5(1), 275-303. https://doi.org/10.7590/266644724X17187028804913

• Journal Article Type: Article
• Acceptance Date: May 22, 2024
• Online Publication Date: Jul 12, 2024
• Publication Date: Jul 1, 2024
• Deposit Date: May 22, 2024
• Publicly Available Date: Jan 2, 2025
• Journal: Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence
• Print ISSN: 2666-447X
• Electronic ISSN: 2666-4488
• Publisher: Paris Legal Publishers
• Peer Reviewed: Peer Reviewed
• Volume: 5
• Issue: 1
• Pages: 275-303
• DOI: https://doi.org/10.7590/266644724X17187028804913
• Keywords: Human trafficking; Conflict; Gender based violence; Sexual violence
• Public URL: https://hull-repository.worktribe.com/output/4671989
• Publisher URL: https://www.uitgeverijparis.nl/en/reader/2000000042/2000000433
• Related Public URLs: https://www.ingentaconnect.com/content/plp/jhec