On Anniversary of Rwandan Genocide, GJC Calls on the International Community to Uphold the UN Genocide Convention

FOR IMMEDIATE RELEASE — April 7, 2017

[NEW YORK, NY] - Today marks the 23rd Anniversary of the start of the Rwanda genocide when 80% of the Tutsi population in Rwanda was exterminated. Over the course of 100 days, up to a half million Tutsi women were raped, sexually mutilated or murdered. The International Criminal Tribunal for Rwanda handed down the first conviction for the use of rape as an act of genocide.

Jordan Must Arrest Al-Bashir and End Impunity for Genocide and War Crimes

FOR IMMEDIATE RELEASE— March 29, 2017

[NEW YORK, NY] - Yesterday, Jordan welcomed Omar al-Bashir, Sudan’s President, for the Arab League’s annual summit. Bashir is attending despite two longstanding arrest warrants from the International Criminal Court (ICC) for his actions in Darfur, including rape, murder, torture and extermination. He has been charged with genocide, war crimes and crimes against humanity and has been a fugitive from the ICC since 2009.

Indict Myanmar’s General Ko Ko

A war criminal accused of ordering attacks on civilians, murder, enslavement, execution without trial, sexual violence, pillage and torture is scheduled to testify about Myanmar’s human rights record at the UN Friday, Nov. 6th.

With overwhelming evidence of his crimes exposed in a Harvard Law School report, General Ko Ko should be arrested when he reaches Geneva. Instead, as Myanmar’s chosen representative on its human rights record, he will be granted complete immunity by the UN itself.

Despite his immunity, the Global Justice Center (GJC), in partnership with Justice Trust, developed a model indictment for General Ko Ko that will be served on Friday in Geneva. GJC is calling for Ko Ko’s arrest and prosecution, under universal jurisdiction and through the ICC, so there can be justice for thousands of Myanmar’s citizens.

“Victims of heinous military crimes, including ethnic women and girls, are entitled to justice in their lifetimes,” said GJC President Janet Benshoof.

Local efforts to hold Ko Ko accountable have been stonewalled, and advocates for justice retaliated against. Undeterred, a coalition of more than 500 civil society groups in Myanmar, supported by international human rights organizations, are urging the international community to take steps to hold Ko Ko criminally accountable for past and ongoing crimes.

You can read more about General Ko Ko’s crimes here and more about the indictment here.

Tweet #arrestkoko & support the people of Myanmar in bringing a war criminal to justice.

GJC President Janet Benshoof Question Burma’s Minister of Foreign Affairs

Below you can read the question that Janet asked Wunna Maung Lwin, the Minister of Foreign Affairs of Myanmar, about accountability for human rights abuser General Ko Ko at the Council on Foreign Relations. 

Janet Benshoof:
Thank you very much, my name is Janet Benshoof, Global Justice Center. After a 4 year on the ground investigation, Harvard Law School Lawyers concluded, using the standards of the International Criminal Court that Myanmar’s Major General Ko Ko has committed war crimes and crimes against humanity against the Karen ethnic group. I have a two-part question:
First, could you explain, given that Myanmar has been in armed conflict for 60 years if there have been any prosecutions of military commanders for international crimes: war crimes, crimes against humanity or genocide. And second, could you explain the government process by which 6 months after the Harvard report, the government selected General Ko Ko to present and defend Myanmar’s human rights record before the Human Rights Council next month. Thank you very much.


Response by Wunna Maung Lwin, Minister of Foreign Affair of Myanmar
To answer your first question, there is no Myanmar General prosecuted or facing any kind of trial in the International Criminal Court or any other court because some of the allegations were unfounded and untrue. Because whenever there is a military operations or whenever there is an insurgency problem, every country has to defend their people, especially the innocent people who were hampered their livelihood by those insurgent groups. So for the military commander that you have mentioned, he is the Commander of the Southern Myanmar regions. So in his region there were insurgent problems and he commanded some of the military operations in that area. He is doing his responsibility as a military commander to defend those people from the scourge of insurgency. This is one question.
Another thing is that in the next month I think we will be submitting our universal periodic review report to the Human Rights Council. So we will be sending a delegation and we will be submitting our universal periodic review for the second time.

Learn from Srebrenica and Recognize Boko Haram Violence as Genocide

July 11th, 2015 marked the 20th anniversary of the fall of Srebrenica and the resultant genocide. In response to the anniversary of the massacre, The Economist published an article titled “Stop Genocide Early” which calls for early action by the international community in conflict situations.

On July 11th, 1995 Bosnian Serb commander Ratko Mladic overthrew UN Dutch peacekeepers’ “safe area” of Srebrenica. The worst violence to happen in Europe since World War II ensued. Mladic was able to carry out this violence with impunity due to a deadlock between the United States and NATO. This hesitancy to act resulted in roughly 8,000 deaths and gave birth to the UN’s “Responsibility to Protect” doctrine. This doctrine states that countries are morally obligated to prevent genocide that is taking place in other countries. It is immoral to sit idly by while people are being massacred. “This is the chief lesson of Srebrenica: governments should heed the early signs of mass slaughter and act swiftly to prevent it.”

In northeastern Nigeria, Boko Haram is forcibly transferring and abducting children with the intention of destroying the Christian community. The targeted abduction and forced religious conversion of the Chibok schoolgirls is genocide, and action must be taken to stop this violence.

On April 14, 2015 the Global Justice Center sent a letter to the International Criminal Court prosecutor urging her to charge Boko Haram with genocide in her investigation of their crimes. Formally declaring Boko Haram’s actions as genocide will send other countries the important message that they have a moral, humanitarian obligation to put an end to the brutality.

The international community must learn from the mistakes made at Srebrenica 20 years ago by recognizing the forced abductions and violence perpetrated by Boko Haram as genocide. The world must act swiftly in providing aid to the victims and must work together to stop Boko Haram.

Read the full article here.

Read about GJC’s Genocide project here.

Angelina Jolie Gives Speech on Sexual Violence at African Union Summit

On June 11, 2015 Angelina Jolie, a special envoy of the U.N. High Commissioner for Refugees, gave an address at the African Union Summit in Johannesburg. Jolie highlighted the sexual violence that women and girls in conflict zones are subject to due to “the near-total impunity that exists worldwide for crimes against women, in conflict zones in particular.”  

Impunity for the use of sexual violence is one GJC has been confronting head on. On April 15, 2015, one year after the Chibok schoolgirls were kidnapped, GJC sent a letter to the International Criminal Court urging the prosecutor to consider charging Boko Haram with genocide. Properly characterizing these targeted abductions as genocide will hold states accountable and encourage them to take action.  As stated by GJC President Janet Benshoof in an op-ed in PassBlue,“It will make clear Nigeria’s own obligations to stop this conduct and to prosecute it vigorously; it will send a message to other perpetrators, including those currently targeting Yazidi women and girls in Syria and Iraq, that genocide will not be tolerated; it will fulfill the prosecutor’s own commitment to fully prosecute crimes aimed at women and girls and to integrate a gender perspective into every stage of its work; and finally, it will trigger the international community’s responsibility to protect the Nigerian population.”

As more and more wars are being fought using women’s bodies, it is important that the laws of war apply to and protect women as well as men. When the laws of war were initially drafted, rape was not recognized as a weapon; however, it is now identified as a tactic to win military objectives. Global Justice Center’s “Rape as a Weapon of War” campaign recognizes the discrimination and suffering that women and girls face in conflict zones. GJC urges governments and international organizations to hold states where rape is being used as a weapon accountable for their actions.

As Jolie stated, “We need policies for long-term security that are designed by women, focused on women, executed by women.” With these policies, gender equality is achievable and we can see an end to impunity for sexual violence.

Human Rights Hypocrisy: Burma’s Lieutenant General Ko Ko, Suspected of Crimes Against Humanity, to Lead Burma’s Delegation to the UN’s Universal Periodic Review

In November 2014, Harvard Law School’s International Human Rights Clinic published a legal memorandum revealing that Lieutenant General Ko Ko is one of the leading actors in crimes against humanity committed in Burma. Despite this comprehensive report, General Ko Ko has been appointed by Burma to lead its delegation to this year’s United Nations Universal Periodic Review. Every four years states are subject to this review process that provides states the opportunity to declare what actions they have taken to improve the human rights situation in their countries and to fulfill their human rights obligations.

To have General Ko Ko- a man explicitly linked to human rights violations- as the leader of Burma’s upcoming human rights review is sheer hypocrisy. As stated in Harvard Law’s Human Rights Blog “Human Rights @ Harvard Law,” “Ko Ko should not be the face of human rights in the new Myanmar.”

In response to Burma’s decision to have General Ko Ko lead their delegation to the UPR this fall, the U.S. Campaign for Burma has created a petition to add General Ko Ko to the U.S. Sanctions list.

As the petition states, “General Ko Ko has a long history of committing crimes against humanity and human rights abuses throughout Burma. During his post as Regional Commander in Karen State, tens of thousands of Karen fled for safer borders as they faced rape, extrajudicial murders, forced labor and portering, human shields and land grabs. Now, as Home Affairs Minister, General Ko Ko continues his attacks on any individual who supports democratic principles and desires justice. “

Sign the petition and tell President Obama to add General Ko Ko to the Specially Designated Nationals List.

Lift the Ban: The Impact of US Abortion Restrictions on Kidnapped Nigerian Schoolgirls

When almost 300 Nigerian schoolgirls were recently kidnapped by local terrorist organization Boko Haram, the United States sent military and foreign aid to help rescue the victims and combat the threat posed by the militants. However, while the US support includes provisions for the victims’ protection and care, the abortion ban attached to US foreign aid bars the option of safe termination of pregnancies resulting from rape – in spite of the armed group’s announced intent to marry some of the schoolgirls and sell others into sex slavery.

In Nigeria, a major state-recipient of US foreign aid, girls and women are routinely raped as a tactic of war. This phenomenon is not unique to domestic terrorist organizations like Boko Haram, but is also practiced by the country’s military and police forces. When these rape victims, many of whom are young girls, become pregnant, the US abortion ban limits the services available to them and forces them to bear the children of their rapists. US policy thus increases the morbidity and mortality of girls and women who are impregnated by war rape.

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Letter to the NY Times Editor, In Myanmar, Seize the Moment, October 2011

OCTOBER 13, 2011: The New York Times Opinion Pages publishes a letter by Janet Benshoof, founder and president of the GJC.

This document also includes two other Opinion Pieces published in the New York Times; one by Myra Dahgaypaw, campaign coordinator for U.S. Campaign for Burma, and one by Op-Ed Contributor Thant Myint-U titled "In Myanmar, Seize the Moment". This last Op-Ed called for President Obama to voice support for the changes happening in Burma under President Thein Sein. The other two Op-Ed pieces are in response to Mr. Thant Myint-U's piece, and Janet Benshoof calls instead for the global community to refuse to recognize the new constitution.

All of these Op-Ed pieces address the situation in Burma, and what the international response to it should look like.

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Nigeria Recovers Abductees, Chibok Girls Remain in Captivity

On Tuesday the Nigerian Army declared its success in rescuing almost 300 girls and women from terrorist organization Boko Haram. Many false reports have been leaked previously, as is expected given the extensive coverage of the large-scale abduction of the Chibok girls over a year ago. However this report has been confirmed several times. The famous Chibok school girls are not among the recovered, but Nigeria has made great strides against Boko Haram in recent weeks. It is thought that these newly rescued girls had been kidnapped during some of Boko Haram’s smaller, less publicized attacks and abductions.

The recovery of these girls is indeed good news but Boko Haram still requires immediate attention and condemnation from the international community. During the mission to recover the girls, dozens of corpses were found in a nearby river. The actions of Boko Haram certainly constitute genocide—their ethnically and religiously killing as well as their systematic violence against women—and it is time for those actions to be treated as such. GJC advocates for continued vigilance in seeking the abducted girls and has called upon the ICC to investigate and prosecute Boko Haram in this way, ending impunity for a group that has faced few consequences and deterring other groups who practice similar illegal tactics.

Click here to read the full article. 

 

Involvement of Adolescent Girls in Overturning the Effects of Conflict

Melanne Verveer and Sarah Degnan Kambou, Executive Director of Georgetown Institute for Women, Peace, and Security and President of the International Center for Research on Women, respectively, recently collaborated to write an article for the Huffington Post. The article details the ways in which adolescent girls are abused within conflict. The piece was unique in that it also offered a rather optimistic view of solutions to the numerous issues facing young women in conflict.

In a world where families, homes, and entire cities are destroyed, young women are often regarded as victims rather than instruments of change. The Global Justice Center promotes the message of Power not Pity and Verveer and Kambou champion a similar goal for girls in places like the Democratic Republic of Congo, Nigeria, and Jordan who survive despite suffering violence and sexual abuse. They also explicitly call upon the international community to assist in making services such as medical treatment and education widely available, saying, “Above all, the global community must help societies marred by conflict and crisis to build up the community’s resilience to resist the further spread or a resurgence of a conflict.”

Verveer and Kambou outline several concepts that would lead to the improvement of the situation for girls in conflict. First, more information must be made available, and furthermore, than information must be accurate and unbiased. Secondly, with that information, the media must present a thorough and responsible view of the situation surrounding the conflict, rather than providing a brief, sensationalist narrative such as the Bring Back Our Girls campaign.  Third, civil society groups, often heavily involved in the aftermath of a conflict, can provide critical evidence and an unparalleled understanding of the situation. Fourth, the international community must work to end impunity for those who perpetrate war crimes like mass rape and forced pregnancy, finally, the girls themselves must be allowed to direct their own lives. As said by Verveer and Kambou, “Let’s not move forward without the active involvement of girls themselves, who, through lived experience, are deeply familiar with difficult and dangerous times, and are knowledgeable about practical solutions that will meet immediate needs and prepare girls for the day when crisis abates and communities rebuild.”

Rape as a Weapon of ISIS

ISIS is waging a war against women in the Middle East. The organization regularly employs rape as a war tactic and captures girls to sell as sex slaves. This month in the Guardian, women’s rights advocate Yifat Susskind, told the story of a young Iraqi girl, who remains nameless, and the horrors she faced in the hands of ISIS. The girl was taken captive and traded between more than a dozen ISIS men, each one of whom raped her. She was lucky enough to escape to a refugee camp and receive the help of women’s rights activists, whose presence is slowly becoming more prevalent within the war-torn region.

Organizations such as the Global Justice Center seek to end war rape through ending impunity and seeking legal reparations; Yifat Susskind offers a different, or rather simultaneous solution in ending the power of rape in war, at least within the circumstances surrounding ISIS attacks and abductions. Susskind cites stigma as the most undermining and devastating consequence of rape—and therefore the most desirable to ISIS. Susskind says, “Survivors are ostracised, even blamed for the attacks. Families fear being tarnished by the stigma and banish wives, mothers and daughters. In the worst cases, people adhere to distorted notions of “honour” and kill rape survivors. In short, rape tears at the fabric that binds families and communities.”

But those perceptions are beginning to change—unfortunately this change is incentivized by ISIS’ massive and indiscriminate violence towards women—and women are slowly receiving acceptance and care within their communities. This ideological shift is incredibly important to the larger perception of women under the rule of ISIS. Quoting an Iraqi women’s rights activist, Susskind said, “We want the survivor’s community to see her not as a ruined, raped girl, but as a prisoner of war who was strong enough to survive weeks of torture and brave enough to escape.”

While decreasing stigma is a huge step forward in aiding survivors of war rape, a larger deterrent would be holding the perpetrators accountable for their crimes. Rape is being used more than any other prohibited weapon of war including starvation; attacks on cultural objects; and the use of herbicides, biological or chemical weapons, dum-dum bullets, white phosphorus or blinding lasers. It is time to punish those that use rape as an unlawful weapon in armed conflict.

Burma Military Violates International Law

In November, the Human Rights Clinic at Harvard Law School released a legal memorandum,“War Crimes and Crimes Against Humanity in Eastern Myanmar.” The report was a result of a four-year investigation on the Burma military and examines the conduct of the military during an offensive that cleared and forcibly relocated civilian populations from conflict zones in eastern Burma. Collected evidence demonstrates that the actions of Burma Army personnel during the Offensive constitute crimes under international criminal law: attacking and displacing civilians, murder, torture, and other inhumane acts.

© By Burma Partnership

The Clinic also collected evidence relevant to the war crime of rape. Secondhand accounts of rapes committed by military personnel were recorded. Some interviewees spoke generally of soldiers raping Karen women but provided no specific accounts. Rape is both a war crime and a crime against humanity, according to the Rome Statute. However, it was concluded that more research and analysis are necessary to determine whether these crimes could be included in a criminal case associated with the Offensive.

Rule of law is limited in Burma, and the military enjoys constitutionally-guaranteed impunity for war crimes, including against the use of rape as a weapon of war. Burma’s new Constitution has been fully in place since 2011 and was deliberately designed to preclude democracy by embedding permanent military rule and preventing military officials from being held accountable for their crimes.

GJC calls on the international community to invest in a democratic future for Burma by insisting that the Burmese government dismantle these structural barriers which violate international law and prevent the advancement of true peace and democracy.

“If they had hope, they would speak”

Burma Army soldiers continue to engage in acts of sexual violence on a widespread scale, and women and human rights defenders in ethnic communities face harassment and persecution, tells a new report “If they had hope, they would speak” released by the Women’s League of Burma (WLB). It reveals ongoing sexual violence by government forces against ethnic women in Burma, and presents troubling evidence of intimidation of those seeking justice for these crimes, by highlighting 118 incidences of gang-rape, rape, and attempted sexual assault that have been documented in Burma since 2010, in both ceasefire and non-ceasefire areas. These cases demonstrate the ongoing de facto impunity for human rights abuses enjoyed by Burma military personnel.

© WLB

WLB’s report expresses strong concerns on developments contributing to a culture of impunity, such as increased military presence in ethnic areas, intimidation of civil society organizations and the continued absence of women in peace negotiations. Despite the Burmese government’s public commitment to advance the status of women – including by developing the National Strategic Plan for the Advancement of Women (NSPAW) and issuing the Declaration of Commitment to End Sexual Violence in Conflict – few steps have been taken to improve the lives of women in ethnic communities. The absence of concrete and time-bound plans of action has meant that amidst Burma’s ‘transition’, the country’s women continue to be denied their basic human rights.

“The military is sending a clear message that it is willing to use violence and coercion against those brave enough to speak out about human rights abuses”, said Tin Tin Nyo, General Secretary of the WLB. “The Burma Army must be brought under civilian control, and there must be a negotiated settlement to the civil war that will grant ethnic peoples equality under a genuine federal system of government. If these actions are not taken, state-sponsored sexual violence against women of ethnic communities will not stop.”

Over the Line: Sudanese Denial of Collective Rape, and ISIS Pamphlet

Fighting against use of rape as a weapon of war is extremely difficult even when there are clear evidences proving the crimes. The task becomes more difficult when evidence is hidden and the investigation on behalf of the UN is rejected.

In Sudan a joint African Union and United Nations peacekeeping mission knows as UNAMID was twice denied permission from Sudanese authorities to investigate rape. “The Sudanese military is deliberately making it hard for its peacekeepers to investigate the claims.”  After Radio Dabanga reported a collective rape of “more than 200 women and girls“, the UNAMID had no access needed for a proper investigation of the situation.  The authorities threaten the local population to avoid publicity of rape crimes.  “None of those interviewed confirmed that any incident of rape took place in Tabit on the day of that media report,” says the official UNAMID report.

However, the leaked internal report shows the investigators concerns that the Sudanese military was preventing witnesses from coming forward. This only proves the failure of Sudanese authorities to treat the conduct of war as a war crime and protect women and girls from becoming rape victims. Sudan has even asked the UN to close its human rights office in Khartoum.

While Sudanese authorities refuse to follow international law in regard to rape, we see ISIS releasing a list of rules on treating females slaves, women and children once they captured by Jihadi warriors. That is how ISIS chooses to respond to the international uproar caused by ISIS kidnapping Yazidi girls and women and turning them into sex slaves. The published pamphlet reveals the horrifying truth of the way ISIS treat their female hostages: not only they see the illegal sexual intercourse with non-Muslim slaves, including young girls, to be a right thing to do, but they also allow to beat them and trade them in.

Rape is a prohibited weapon under the criteria set by the laws of war. It is illegal and inhuman. GJC urges the international community to give a strong response to these outrageous crimes conducted on behalf of Sudanese military, ISIS, and other authorities in war zones and prosecute those that use rape as a tactic of war. The time has come to go beyond the recognition that rape is being used as an illegal weapon/tactic of war – it’s time to start treating it like one.