Exploring the Boundaries of Crimes Against Humanity: The Case of Intra-Party Sexual and Reproductive Violence within Non-State Armed Groups

The categorisation of intra-party sexual and reproductive violence within non-State armed groups as war crimes has garnered increased attention over the past decade, as evidenced by scholarly discussions and jurisprudence from national courts and international tribunals. However, debates surrounding the justiciability of such violence as crimes against humanity have been notably scarce. This circumstance is most likely attributed to the treaty-based and customary requirement that the latter international crimes must be committed ‘as part of a widespread or systematic attack directed against any civilian population’.

This article provides both a critical insight on the subject matter and a path forward towards accountability. By reviewing relevant jurisprudence of international and hybrid criminal tribunals, the author contends that the notion ‘civilian population’ could be interpreted flexibly in order to encompass intra-party attacks within non-State armed groups involving acts of sexual and reproductive violence. The article demonstrates that such an interpretation aligns with the object and purpose of crimes against humanity, the fundamental tenets of international human rights law, the framework of international humanitarian law, and the principle of legality.