Ritika Sharma completed her LL.M. from the Geneva Academy in 2024 and holds a Bachelor of Laws (Hons.) from Panjab University, India, obtained in 2022. She has also earned a Diploma in United Nations and International Understanding from the Institute of UN Studies, New Delhi. During her Bachelor’s studies, she presented research papers at conferences on the rights of migrants, asylum seekers, refugees, and internally displaced people. In 2022, She interned with the Lingering Shadows Initiative, assisting in securing the release and provision of human rights for a Rohingya woman detained in a detention center, while also working on domestic violence cases against women in India. Passionate about justice at the grassroots level, she has been running a blog that addresses socio-legal issues while also exploring broader topics related to human rights and humanitarian law. During her LL.M., she was an Advocacy Intern with Human Rights Now, where she worked on human rights and humanitarian law violations in the Myanmar conflict. As part of this internship, she participated in the 56th and 57th Sessions of the United Nations Human Rights Council. Her academic interests include Gender Justice, International Humanitarian Law and the intersection of Religion with law.

The paper addresses sexual violence against women in the conduct of hostilities (“CoH”) and highlights that the current International Humanitarian Law (“IHL”) framework fails to provide adequate protection to women. It explores whether the “dictates of the public conscience” can bridge this gap. The three key aspects examined are feminist critiques of IHL, the “dictates of the public conscience,” and the study of religious principles in Hinduism and Buddhism for the protection of women from sexual violence.
The first section lays down the introduction and scope of the research and then the paper presents two feminist schools of thought. The first school asserts that IHL is adequate but lacks enforcement, while the revisionist school argues that IHL provisions are inadequate and does not take into account the unique experiences of women. Sexual violence is also absent from the category of “grave breach”. To fill these gaps, the paper proposes a solution of invoking the “dictates of the public conscience”.
The next section discusses the meaning and relevance of the “dictates of the public conscience”. Martens Clause was introduced in 1899 to address gaps by invoking “principles of humanity” and the “dictates of the public conscience.” While initially meant to supplement incomplete treaties, the clause remains significant in IHL as seen in the 1949 Geneva Conventions and Additional Protocols. Identified from authoritative acts, resolutions and practices, the paper highlights that the “dictates of the public conscience” can also be harnessed from religion. This section submits that the potential of “dictates of the public conscience” to enhance protection and alleviate the suffering of women during CoH must not be overlooked.
In the following section, the paper explores how Hinduism and Buddhism provide ethical frameworks that protect women from sexual violence. It discusses the Hindu principles of dharma, as seen in epics like the Mahabharata and Ramayana, and the Buddhist precepts against sexual misconduct. Both religions, through their teachings, promote the protection of women.
The paper then presents a reality check looking into the Sri Lankan civil war, the Myanmar conflict and the conduct of Hindu nationalists in India to study whether the principles and ideals discussed in the previous section have been followed in practice. In Sri Lanka, despite its Buddhist majority, government forces systematically used sexual violence against Tamil women, violating Buddhist precepts against sexual misconduct. The Sri Lankan conflict also highlighted the additional vulnerabilities faced by minority women, with cases of coerced religious conversions and a lack of support from authorities. In Myanmar, the military’s violent campaign against the Rohingya people saw the widespread use of sexual violence as a weapon of ethnic cleansing. Despite Buddhist teachings on non-violence and compassion, radical monks incited violence by portraying Rohingya men as predators. Sexual violence was systematically used to terrorize the Rohingya, destroy their community, and assert ethnic and religious dominance. Similarly, in various parts of India, Hindu nationalists engaged in conduct that contradicted Hindu ethics of prohibiting rape and sexual violence against women. This section highlights how the involvement of religious leaders, both in inciting and opposing violence, presents the complex role religion plays in such conflicts.
The paper concludes by emphasizing that religion plays a crucial role in armed conflicts, and understanding the core values of communities is essential to addressing the challenges of armed conflicts. Initiatives like the ICRC’s work with religious circles and the United Nations’ Faith for Rights framework illustrate how religious teachings can enhance humanitarian efforts. Thus, the “dictates of the public conscience” harnessed from religions have the potential to address the issue of sexual violence against women during the conduct of hostilities.

I am based in Panchkula, Haryana, India and currently doing a Fellowship with WOSSO (Women of the South Speak Out) for the Asia Pacific Region. Over the coming months, I will implement my Advocacy Plan in India, focusing on the intersectionality of sexual violence against women, particularly considering factors like caste, poverty, religion, and ethnicity. My work will examine the experiences of women in seven South Asian countries, during both conflict and peacetime. Through this Fellowship, I will participate in regional and global conferences, conduct awareness campaigns, and engage with policymakers to raise this issue. The emphasis will also be on how intersectionality has historically and contemporarily impacted women in South Asian conflicts.
Additionally, on 5 November 2024, I will be (virtually) presenting my LL.M Paper at the “Faith for Rights commUNity of Practices: Fifth Annual Meeting 2024” to be held in Palais Wilson, Geneva.
In the future, I aim to continue working for women’s rights in the humanitarian sector and dedicate my career to working on these critical issues within the South Asian context.