ABSTRACT
Sexual and gender-based violence (SGBV) has been prevalent during the Cabo Delgado conflict since its commencement in 2017. International humanitarian law (IHL) sets out prohibitions that, for humanitarian reasons, aim to limit the adverse effects of conflict. Are the various forms of SGBV in the Cabo Delgado conflict prohibited under IHL? Notably, SGBV has been committed by individual members of armed groups and many of the perpetrators are unknown. In the circumstances, what are the prospects of holding organised armed groups responsible under international criminal law (ICL) for SGBV committed by its membership? These two questions form the crux of the content of this chapter. The chapter demonstrates that IHL treaties, expressly or by interpretation, prohibit SGBV. It will also be shown that there is a basis for holding to account the organised armed groups in this conflict in terms of ICL for violating IHL prohibitions on SGBV.
