Reproductive Violence
Explainer
Reproductive violence encompassess acts and omissions that directly or indirectly violate reproductive autonomy, understood as the capacity that all individuals have to decide whether to reproduce, when and with whom, and to access sexual and reproductive health information and services.
Forms of reproductive violence include forced abortion and contraception, prevention of births, interference with breastfeeding, forced sterilisation and forced pregnancy, destruction of reproductive healthcare or infrastructure, lack of institutional access to reproductive health services, including abortion services. It also includes torture or cruel, inhumane and degrading treatments that target reproductive capacity.
Reproductive violence and sexual violence can overlap. For example, in cases where a victim of rape that results in pregnancy is forced to carry the pregnancy to term. However, reproductive violence not necessarily require sexualised contact, for example in cases of forced contraception through pills and hormonal shots. There are also cases of sexualized violence that don’t involve violations to reproductive autonomy.
International Human Rights Law (IHRL) provides the legal basis for safeguarding the right of all persons to decide freely whether, when, and how often to reproduce.
The obligations are complemented by International Humanitarian Law (IHL) frameworks that protect dignity, life and health and prohibit discrimination and torture or any cruel, inhumane and degrading treatment. Furthermore, within International Criminal Law (ICL) various forms of reproductive violence can amount to international crimes under the Rome Statute, including
- forced pregnancy as a crime against humanity and a war crime (articles 7(1)(g); 8(2)(b)(xxii); 8(2)(e)(vi)),
- forced sterilisation as a crime against humanity and a war crime (7(1)(g), 8(2)(b)(xxii), 8(2)(e),
- and genocide by imposing measures intended to prevent births within national, ethnic, racial or a religious group (article 6(d)).
While conflict-related sexual violence has been widely documented and studied, reproductive violence remains underrecognised and overlooked, despite its prevalence in contexts of mass violence and armed conflict. WIGJ advocates for the recognition of reproductive violence as a distinct category of violence and harm, which allows a more comprehensive framework to capture the nuances and full gravity of these acts, contributing to accountability and appropriate reparation forms for them.
Why this matters
- Differentiated harms: the impacts of reproductive violence on victims, their families and communities are profound and interconnected. It can impact physical health, with some victims having permanent harm in their reproductive and sexual health as a result. It can lead to feelings of isolation and other mental health consequences, and it can impact victims’ family lives, intimacy with their partners and the fulfilment of their life project.
- ICL relevance: Holding perpetrators to account under the Rome Statute (via the ICC), as well as domestic and regional human rights/courts, strengthens the rule of law and sends the message that violations to reproductive autonomy can amount to an international crime.
- Systemic change: Addressing gender persecution helps dismantle structural discrimination (gender-based, racial, ableist, colonial) and build inclusive justice systems that protect all persons and communities, deepening legitimacy and responsiveness of legal and accountability frameworks.
What we do on Gender Persecution
Legal Research & Analysis
Reproductive violence in Gaza
In May 2025, WIGJ published a legal analysis blog arguing for reproductive violence in Gaza be recognised as evidence of genocidal intent against the Palestinian people, and calling the ICC-OTP to explicitly and systematically charge all forms of reproductive violence in the ongoing situation under its investigation.
Colombia’s transitional justice tribunal paves new ground on reproductive violence
In December 2024, the Special Jurisdiction for Peace (JEP) – the transitional justice tribunal created by the peace agreement in Colombia between the government and the former FARC guerrilla – issued its indictment on the crimes committed against children that were victims of forced recruitment.
This publication analyses the decision of the JEP to recognise reproductive violence as a distinct category of gender-based violence.
Amicus brief before the Constitutional Court in case SU-599-2019
In 2019, WIGJ submitted an amicus brief before the Colombian Constitutional Court in the case SU-599-2019, a landmark decision brought by Helena, a victim of forced recruitment by the FARC at the age of 14. While she was part of the armed group, she was forced to take contraceptives as per the group’s family planning rules. When she became pregnant, she was forced to have an abortion. As a result of this intervention, she has suffered substantial physical and mental health issues ever since.
In this decision, the Court held that forced abortion and contraception constituted a violation of Helena’s sexual and reproductive rights, while also constituted sexual and gender-based violence within the framework of IHL amounting to a war crime as it occurred in the context of the armed conflict. Furthermore, the Court held that sexual and reproductive violence during the conflict impacted not only civilians but also members of armed groups, who shall have the right to access reparation measures.
Advocacy & Policy
Reproductive violence conference – June 2024
On 11 June 2024, WIGJ in partnership with International Institute of Social Studies in The Hague held a conference on reproductive violence in international criminal law, bringing together over 290 participants, including judges, lawyers, scholars, activists, and survivors.
Key Topics Addressed
- Legal Gaps and Milestones: Discussions focused on the historical and ongoing challenges in recognizing reproductive violence, including forced pregnancy during conflicts, as well as strides made in international law, such as the landmark Ongwen case at the International Criminal Court (ICC).
- Innovative Approaches: We highlighted collective voices and decolonizing strategies, emphasizing the importance of integrating cultural perspectives into the dialogue on reproductive justice. Voices from marginalized communities underscored the significance of local leadership in these efforts.
- Country-Specific Experiences: Experts and survivors shared accounts from Ukraine, Myanmar, Colombia, and other regions, providing insights into the devastating impact of reproductive violence during conflicts and the diverse ways survivors are advocating for justice and accountability.
Recordings of the conference panels and related educational resources are available.
For more resources on reproductive violence in international criminal law, please visit our Reproductive Violence Resources Page.
Gender Justice and ICL Conference
Panel discussionsion on Reproductive Violence as a Strategy of Genocide in which discussants understand understand how acts constitutive of reproductive violence can show genocidal intent.
The speakers will guide us through historical reflections grounded in feminist theory, going to specific contexts to understand the legal arguments that allow us to frame reproductive violence as genocidal intent, and how intersectional documentation practices are crucial to paint the full picture of genocidal intent and key for accountability purposes.
