Gender-based violence in armed conflicts and the recognition of the refugee status

Abstract

The common definition of refugee has been put to test by the events of a world in constant change, with regards to the need for international protection when that provided by the State of nationality or habitual residence is not effective. Mass displacement of people caused by armed conflicts put the refugee status to the test on the basis of regional interpretations that broaden the scope of international protection. In addition, we must consider the development of feminist theories on gender-based violence during armed conflicts. The purpose of this paper is to discuss and analyze the complementarity of International Human Rights Law and International Humanitarian Law and their relation with International Refugee Law, in order to establish the full and unrestricted validity of international protection in cases of displaced women, as a consequence of armed conflict.