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International Journal of Research and Innovation in Social Science (IJRISS) |Volume VI, Issue IX, September 2022|ISSN 2454-6186

Legal Protection for Victims of Violence against Women in the South Sudan Conflict from the Perspective of Humanitarian Law

Fadilah Munawaroh, Pujo Widodo, Yulian Azhari
Prodi Damai dan Resolusi Konflik, Fakultas Keamanan Nasional, Universitas Pertahanan, Indonesia

IJRISS Call for paper

Abstract: The conflict in South Sudan has taken a toll. Not only that, the conflict also caused a very massive violence against women. The occurrence of sexual violence during the conflict in South Sudan increased due to weak state oversight. Not only women, but sexual violence also affects children. Violence against women in situations of armed conflict is generally based on the traditional view that women are property rights, and are often regarded as sexual objects. Humanitarian law represents a balance between the humanitarian needs and military needs of the States. International Law is recognized as a truly universal legal system. States and governments are obliged and responsible to respect and guarantee the human rights of each child regardless of ethnicity, race, religion, gender, and ethnicity, culture, and language, legal status, order of birth and physical or mental condition. The state and the government are also obliged and responsible for providing support for facilities and infrastructure in the implementation of child protection. Therefore this study uses a descriptive qualitative method with data collection in a literature review and will go deeper into the Implementation of Humanitarian Law on the protection of Women in the Sudanese Conflict.

Keywords: Legal Protection, Humanitarian Law, Violence, Women, South Sudan

I. INTRODUCTION

Every country likely experience conflicts between other countries and internal conflicts. However, what is of particular concern is when the conflict ended in war and resulted in many casualties. The problem of conflict and war becomes a contemporary issue in International Law, even more so when there are human casualties as a result of these events. The problem of human casualties due to conflict and war includes victims from the civilian side as well as from the military. So far, in armed conflicts, military casualties are considered a logical consequence of these events. The fall of civilian casualties is considered as something that should not have happened. Normatively, civilians who are unarmed and not involved in an armed conflict should be the free party and their safety is protected. A matter of concern is if in a conflict the existence of civil society is used for strategic and political purposes by ignoring their rights and safety. [1]