Addressing the Gap : Examining the Inadequacy of International Legal Frameworks in Protecting Women from Discrimination during Armed Conflicts.

Abstract: This study examines sexual violence against women in armed conflict settings as a form of discrimination within the framework of CEDAW. Informed by Judith Butler's theory of Gender Performativity emphasizes that gender is socially constructed. This study utilizes existing literature reviews and reports; the analysis focuses on gender-based violence, revealing its structural nature. Using the Democratic Republic of Congo as a case study, it highlights the interplay of ethnic, political, and economic factors leading to extreme violence. The study emphasizes the authority of the CEDAW committee to propose an inclusive and understandable protocol, protecting women's rights universally. Overcoming barriers like structural discrimination is crucial to strengthening CEDAW's response. The study acknowledges the need to avoid generalizations and underscores the urgency of enhancing the existing framework to protect women during armed conflicts. It contributes to human rights discourse by emphasizing the inherent nature of human rights and equal protection for all individuals.