Abstract:
This contribution considers a possible legal framework for holding organised armed groups (“OAGs”) collectively responsible for acts of sexual
and genderbased
violence (“SGBV”) during noninternational
armed conflicts. It argues that a framework providing for collective as opposed
to individual criminal responsibility of OAGs is essential. Certain sections of the Articles on the Responsibility of States for Internationally
Wrongful Acts (“Articles on State Responsibility” or “ASR”) are used as a blueprint for achieving such a framework. In this regard, the concepts
of international legal responsibility of OAGs, internationally wrongful acts and attribution are analysed in the context of crimes committed by
OAGs. In conclusion, the article proposes future research in order to advance the prospect of collective claims and collective compensation
for victims of SGBV.
