Women and Girls Deserve Equal Protection for Medical Services Under IHL

FOR IMMEDIATE RELEASE — May 15, 2017

[NEW YORK, NY] -  Today, the UN Security Council holds its Open Debate on Conflict-Related Sexual Violence under Uruguay’s presidency. In the concept note, Uruguay reflected on the findings of the new UN Secretary-General’s report on how rape is used as a weapon of terrorism and genocide. They cited the example of the crimes Daesh is committing against ethnic minorities such as the Yazidi in North Iraq and Syria, including using rape as a non-killing crime of genocide. Yet, to date, no trial has been held to prosecute perpetrators of this ongoing genocide.

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.

GJC Weekly News Roundup

Tuesday, Republicans are having and will continue to have trouble repealing the Affordable Care Act, also known as Obamacare. The reality is that the Republicans do not have a credible, alternative health care plan and continuing to criticize ACA is turning away groups of people that depend on Obamacare. More and more people are supporting ACA and the Republicans are having trouble garnering support for getting rid of it. However, Republicans can still repeal certain aspects of ACA and that includes Birth Control coverage. This means that birth control will no longer be cost free as it has been under Obamacare.  

Tuesday, the article encourages the Australian government to take action to support Australian women who will suffer from the Global Gag Rule, citing the issues that may arise from the lack of funding and access to health care and health benefits.

Wednesday, despite reassurance that women’s health is on Trump’s agenda, benefits and funds are still being slashed for women’s health organizations and charities. This is resulting in various protests around the globe and even prompting female Democrats to wear white during Trump’s speech to Congress.    

Thursday, more and more countries are joining the fight against the Global Gag Rule. The “She Decides” conference that is held in Brussels this week is a platform of powerful leaders that seek to raise $600m. According to news sources, around 50 governments will attend the conference to raise funds. There will be representatives from Canada, UK, Afghanistan and Chad and other countries who are standing up for women’s rights and availability of reproductive healthcare.

Thursday, after further investigations, the United Nations declared that all Syrian sides that fought in Aleppo committed war crimes. According to Dawn, there is proof from the investigation that a humanitarian convoy was deliberately targeted in Aleppo province on September 19. These recent events have also attracted the attention of many human rights workers who want to bring to the public’s attention that Syrian civilians are often targeted and that the “warring parties” do not fear consequences for their actions regardless of the international laws that are put into place.

Trump could be committing serious war crimes and crimes against humanity

by Eva Marie Wüst Vestergaard

Over the course of the campaign trail, US president elect Donald Trump suggested many proposals on how to defeat ISIS. Many of which, including the use of torture, drone strikes, and nuclear weapons, would violate international law if fulfilled.

Trump has previously criticized the US for their politically correctness in the fight against ISIS, and he has instead offered proposals that if enacted, would constitute war crimes and crimes against humanity.

In one proposal, Trump approves torture as a tool in the war against terrorists. In an interview for NBC he said, “Well I’m not looking to break any news on your show, but frankly the waterboarding, if it was up to me, and if we changed the laws or have the laws, waterboarding would be fine,”. Trump supported this with the argument that ISIS do not follow the law; “You know, we work within laws. They don’t work within laws – they have no laws. We work within laws. The waterboarding would be fine, and if they could expand the laws, I would do a lot more than waterboarding.”

Waterboarding is an act of torture and hence violates the Convention against Torture and the Geneva Conventions, which prohibits torture and bounds parties in armed conflicts to treat hostages humanely. Torture is immoral because it dehumanizes people. Not just the tortured but also the torturers are severely affected.

Using torture as a tool in war would also have negative consequences for the US as a state because it infringes on the global rule of law. Instead of a social system based on justice, the system would be based on force. This goes against the fundamental values, such as independence and democracy, on which America has been built and which define America’s strong role in the world today.

Even more alarming, in the war against terrorism, Trump has said he would take measures that would kill innocent people. The president elect has expressed willingness for using drone strikes and nuclear weapons to fight terrorists. In an interview with the Daily Mail, Trump said, “As far as drones are concerned, yes, to take out terrorists. The only thing is I want them to get it right. But to take out terrorists yes I think that is something I would continue to do.” In another interview for the MSNBC, he questioned the lack of using nuclear weapons against ISIS; “Somebody hits us within ISIS, you wouldn’t fight back with a nuke?”

Such actions would not merely hit ISIS but also civilians in war zones. A consequence which Trump did not seem to care for when proposing to hurt terrorists through their potentially innocent families in an interview with Fox News; "The other thing with the terrorists is you have to take out their families, when you get these terrorists, you have to take out their families. They care about their lives, don’t kid yourself. When they say they don’t care about their lives, you have to take out their families.”

Attacking civilians violates the Geneva Convention which prohibits attacks on civilians and bounds distinction between civilians and combatants. Non-combatants are innocent people that may not be supporting the conflict. This includes children, women and elderly. The US should not be recognized as a state that explicitly targets and kills innocents.

The intention to defeat ISIS is not a cover for committing illegal acts. Violating international law will not make America great, only worse. Therefore, it is more important than ever that America upholds its obligations to the international community and not break humanitarian law. It is equally important that the international community hold the US accountable if and when it commits such crimes.

Photo: Gage Skidmore

On Nuremberg Anniversary, Call for Justice for Rape Victims

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On the 70th Anniversaryof the verdict in the Nuremberg trials, it is more important than ever that the international community recognizes and prosecutes when rape is used as a war crime or crime against humanity.

Today, extremists groups like Boko Haram and ISIS regularly use rape as a tactic of terror. Join the GJC in calling for the International Criminal Court to open up an investigationinto the war crimes committed by ISIS against women and girls.

As Amal Clooney, who is representing Nadia Murad, a young Yazidi woman who escaped from ISIS captivity, said at the United Nations,

“Nadia and others like her are not seeking revenge, they are seeking justice,and the opportunity to face their abusers in an international court at the Hague.”

Remembering ISIS' Crimes of Genocide Against Yazidis on the Anniversary of the Sinjar Massacre

by Jessica Zaccagnino

With the rise of non-state terrorist groups, such as Boko Haram and the Islamic State, the strategic face of war has changed. This shift has subsequently altered the experience of civilians in armed conflict. In this changing landscape, women and girls face distinct horrors in comparison to men.

Groups such as ISIS have been perpetuating genocide against minorities in controlled territories, notably against the Yazidis. These violent extremists target women and men differently when committing crimes of genocide. In addition to systematic murder, ISIS subjects women to sexual slavery, forced marriages, rape, forced impregnation, and other gender-specific crimes of genocide. Despite the distinct tactics that are being used to commit genocide, the gender reality of genocide is often overlooked when enforcing the Genocide Convention. Global Justice Center’s Genocide Project fights against the gender-gap in responding to crimes of genocide perpetrated by extremist groups, like ISIS, and seeks to ensure that the laws of war work for, and not against, women.

On the morning of August 3rd, 2014, ISIS forces entered the Sinjar region in Northern Iraq, only months after declaring itself a caliphate in parts of Iraq and Syria. The region has a high population of Yazidi people, an ethno-religious Kurdish minority that has been heavily targeted by the ISIS insurgency. In Sinjar alone, 5,000 men were killed, thousands of women were systematically raped and sold into sexual slavery, and over 150,000 Yazidis were displaced. When ISIS took Sinjar, men and boys over the age of ten were separated from women and children, and most, as evidence of mass graves suggests, were killed. In the process of fleeing, an estimated 50,000 Yazidis were trapped in the Sinjar Mountains, with ISIS forces surrounding them. Although a majority of those trapped were able to eventually escape the mountainous region, the Sinjar Massacre left thousands dead, and thousands more enslaved. Yazidi women “have been systemically captured, killed, separated from their families, forcibly transferred and displaced, sold and gifted (and resold and re-gifted), raped, tortured, held in slavery and sexual slavery, forcibly married and forcibly converted.” These women have been targeted by ISIS solely on the basis of their gender and ethnicity, and such acts make clear ISIS’ genocidal intent to destroy the group in whole.

Despite the air drops of food, water, and supplies, the Yazidis trapped in the mountain siege survived in grim conditions—circumstances intended by ISIS to destroy the group. In addition to air drops, President Obama invoked the need to “prevent a potential act of genocide” as a justification for launching air strikes to rescue those trapped in the Sinjar Mountains. Just this year, Secretary of State John Kerry officially declared that ISIS is committing genocide. It is vital for the United States to recognize the unique aspects of genocide that specifically target gender within the persecution of Yazidis when taking action against ISIS. Although the United States has taken a big step in declaring ISIS’ genocide, the United States must move beyond words. In fact, the United States is required by the Genocide Convention to take action against genocide. Yet, as the two-year anniversary of Sinjar approaches on August 3rd, the United States has still not taken any necessary further steps to combat ISIS’ genocidal crimes.

GJC Published in Newsweek on Anniversary of Sinjar Massacre

Grant Shubin, a Staff Attorney at GJC, and Pari Ibrahim, the Founder and Executive Director of the Free Yazidi Foundation published an op-ed in Newsweek about the state of Yazidi women on the second anniversary of the Sinjar Massacre.

Click here to read the full article. 

Thinking of Yazidi Women and Girls on the International Day for the Elimination of Sexual Violence in Conflict

On June 19, as the international community observes the International Day for the Elimination of Sexual Violence in Conflict, rape remains a central reality of war for women and girls around the world.

War rape is both a historical and contemporary part of war: it is not simply a byproduct of fighting but often serves as a central military tactic. In Yugoslavia in the 1990s, “the systematic rape of women … [was] in some cases intended to transmit a new ethnic identity to the child.” Yugoslav women were “often […] interned until it was too late for them to undergo an abortion,” thereby ensuring the creation of a new ethnic reality.

Today, in ISIS controlled territories, ISIS leaders “elevate and celebrate each sexual assault as spiritually beneficial, even virtuous.” Multiple accounts by former ISIS captives detail month-long rapes, severe physical and mental trauma, and forced pregnancies.

War rape thus serves to traumatize and create fear in the short term and to extend genocidal effects by producing new ethnic identities in the long term.

Yet despite the horrific psychological and biological results of war rape the United States’ Helms Amendment precludes any US humanitarian aid from being used for abortion services.

Denying abortions to war rape victims endangers innocent women’s lives, helps to perpetuate genocide and its effects, and violates the Geneva Conventions.

Even though the Hyde Amendment, a similar domestic amendment to the Helms Amendment, includes exceptions for rape and cases in which the mother’s health is in danger, foreign victims of war rape are not afforded these rights.

In 2015, Obama noted that the “Golden Rule,” that “seems to bind people of all faiths,” is to “treat one another as we wish to be treated,” — to “love thy neighbor as thyself.” If victims of war rape are to receive the medical care they deserve, the Obama Administration must apply this Golden Rule not only to domestic victims of rape, but to war rape victims in other countries as well.This involves recognizing their rights to non-discriminatory medical treatment and issuing an executive order that limits the scope of the Helms Amendment.

UN Commission of Inquiry on Syria Recognizes Yazidi Genocide

FOR IMMEDIATE RELEASE—June 17, 2016

[NEW YORK, NY] – Yesterday, the UN Commission of Inquiry (COI) on Syria concluded that ISIS is committing genocide, crimes against humanity, and war crimes against the Yazidi people. The report, “They Came to Destroy”: ISIS Crimes Against the Yazidis, recognizes that the genocide is ongoing and is being committed not just through mass killings but also through gendered non-killing crimes such as rape and sexual violence.

Justice in Sri Lanka Must Include Investigations of Genocide Allegations

Seven years ago this month, a quarter century of armed conflict in Sri Lanka reached its violent conclusion. The Government of Sri Lanka’s take-no-prisoners approach to defeating the Liberation Tigers of Tamil Eelam (LTTE), also known as the “Tamil Tigers,” was accompanied by massive violations of international humanitarian law, international human rights law, and international criminal law. From January to May 2009, the military killed at least 40,000 to 70,000 Tamil civilians and also targeted Tamil women with rape and sexual violence. However, there have been no UN recommendations to investigate this onslaught as genocide, despite evidence of genocidal intent. The silence on both genocide and the crimes unique to women flows from the politicization of genocide and perpetuates gender discrimination and crimes. Next month, the topic of reconciliation, accountability and human rights in Sri Lanka is on the UN Human Rights Council’s agenda. The time is now for the international community to call for investigations into genocide and to use the specific protections and obligations under genocide law to redress the ongoing harms against Tamil women, including rapes and denial of their reproductive rights.

The war started in “Black July” 1983, when the Government of Sri Lanka sponsored violence against Tamils across the country. For about one week, in a classic hallmark of genocide, the Government provided voter registration lists identifying Tamils by ethnicity and incited Sinhalese mobs to kill and rape their Tamil neighbors and to destroy their homes and businesses. Over two decades later, the war ended as it started, with Government forces killing and committing sexual and gender-based violence against the Tamils. All of these crimes were seemingly committed with the intent to destroy the Tamil population, in whole or in part—a crucial component of genocide.

Victory for War Rape Victims

This morning the International Criminal Court (ICC) convicted the former Democratic Republic of the Congo vice president, Jean-Pierre Bemba, for two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape and pillaging.) What is significant about this judgment is that Bemba is the first military commander to be convicted for crimes committed by troops under his command, and it is the first conviction at the ICC for sexual violence.

The ICC Prosecutor, Fatou Bensouda, said, “Today’s outcome is also another concrete expression of my personal commitment and that of my office to apply the full force of the Rome Statute in the fight against sexual violence and gender-based crimes. We will not spare efforts to bring accountability to such heinous crimes in future cases. Where some might want to draw a veil over these crimes, I, as Prosecutor, must and will continue to draw a line under them.”

Listen to ICC Prosecutor Fatou Bensouda's statement on the case. 

This verdict is a hugely important step in the international community holding perpetrators of war rape accountable.

Click here to read the full judgement. 

NBC Nightly News Interview with Vian Dakhil

On Sunday, NBC Nightly News interviewed Vian Dakhil, the only Yazidi woman in the Iraqi Parliament. Over the past year, Dakhil has helped over 1,000 Yazidi women and girls escape from ISIS territory, where they have been routinely captured and enslaved by ISIS militants. Due to a lack of state action to protect the Yazidis from genocidal crimes, individuals such as Dakhil have been forced to act to help defend these vulnerable women.  In 2014, Dakhil made headlines with her impassioned speech to the Iraqi Parliament, where she cried, “My people are being slaughtered…I speak here in the name of humanity.  Save us! Save us!”. Her continued efforts to defend the Yazidis from ISIS atrocities have made her the number one woman on ISIS’s hit list. 

Special Issue of Women’s Voices Newsletter Highlights GJC’s ICC Work

Women’s Initiatives for Gender Justice just released a Special Issue of their newsletter focusing on two letters GJC has sent to the ICC asking them to address gender-based crimes. The letters call on the ICC to look at the genocidal crimes being committed against women and girls by groups like Boko Haram and ISIS.  

Click here to read the full newsletter.  

Women’s Piece of Peace: Security Council Debate on Women, Peace and Security

2015 marks the 15th anniversary of the adoption of Resolution 1325 on Women, Peace and Security, which requires parties in a conflict to respect women’s rights and support their participation in peace negotiations and in post-conflict reconstruction. Yesterday the Security Council held its annual open debate under Argentina’s presidency calling upon UN Member to implement resolutions on women, peace and security. This year’s theme focused on the situation of women refugees and internally displaced persons (IDPs) around the world.

With numerous crises from Iraq, Nigeria, and Syria to Somalia and Mali and the increase of extremists take control of territory, the shifting trend in conflict is seeing a heightening of targeted violence against women, girls and their communities, warned the UN Secretary-General whose statement was delivered by the Executive Director of UN Women Ms. Mlambo-Ngcuka. The Executive Director in her own statement stressed that women are among the most vulnerable group and the primary subject to violence. But it is women who should be empowered by giving them a voice in decision-making in order to protect them. She noted that “key decisions are still made behind closed doors, deaf to the voices of those directly affected.” Increasing the representation of women in leadership roles and electing them to governing bodies is a way to ensure their protection, as has been seen in Haiti and the Central African Republic.

One of the important issues raised by Member States was that rape is still too often used as a weapon of warfare with a devastating impact on victims of war. Gender based violence also contributes to displacement and women fleeing in hope for safety. Speakers admitted that most refugees are women, and they face a lack of medical assistance which they desperately need. For instance, services that enable the safe termination of pregnancy are fundamental for women to restore their lives after rape and yet are continually denied due to US policy. Failure to provide these services violates the rights of victims of rape.

A highlight of the Open Debate was the statement by the award winning Iraqi women’s rights lawyer Suaad Allami who delivered her statement on behalf of the NGO Working Group on Women, Peace and Security and spoke first-hand of her experiences in working with refugees and the threats to women’s rights by extremist groups such as ISIS. She paid tribute to her friends and colleagues who recently have been killed defending women’s rights. She ended her statement with applause and spoke the last words in Arabic “All human beings have the right to be safe and live a life of dignity.”

Click here to read the Presidential Statement on behalf of the Security Council.