GJC Weekly News Roundup

Sunday: Having women vote in elections and making their voices heard is important regardless of where they are from. The story of Ellen Johnson Sirleaf, first female President in Liberia and in Africa, is a miraculous tale of perseverance, power and unity of women in a war-torn country and the incredible power of peaceful negotiations and democratic norms.   

Monday: Republicans announced their health plan that will replace the Affordable Care Act. It is a plan that eliminates many parts of Obamacare and introduces a system where Americans will buy health insurance on the open market. However, not all Republicans are on board with the replacement. Many people are concerned that they will be left without any coverage and that health benefits will become a more difficult to obtain than under Obamacare.

Monday: When it comes to international law and ratifying UN treaties, it seems the US prefers to take the back seat. From decisions ranging from children’s rights to protecting endangered species, the US, particularly the Republican Party, backs away from support citing fears that it will limit US sovereignty.  Here’s a good overview of the complex relationship the US has with international law.

Tuesday: Still have any questions about President Trump’s expanded Global Gag Rule? You’re not the only one. This ‘Questions and Answers’ page provided by Human Rights Watch explains what the Gag Rule is in depth and is great if you have lingering questions or concerns.

Wednesday: In celebration of International Women’s Day, women all around the world have gathered in demonstrations celebrating womanhood, but also bringing to light the devastating issues regarding women’s rights, wage gaps, reproductive health and discrimination.  

Friday: With the Trump Administration well underway, it seems that the US’s role in the realm of human rights is changing. As a Western power, the US has often played the role of defender of human rights, but now diplomats and advocates are noticing a shift in foreign diplomacy and the US’s commitment to upholding democratic values.

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.

President Trump Expands Gag Rule Far Beyond Reagan or Bush

FOR IMMEDIATE RELEASE— January 24 2017

[NEW YORK] –  Yesterday, Donald Trump re-instated the Global Gag Rule, as every Republican president since Ronald Reagan has done since taking office. Unlike his predecessors, Trump far expanded the reach of the Gag Rule.

GJC Statement on the Anniversary of Roe vs. Wade

FOR IMMEDIATE RELEASE— January 22 2017

[NEW YORK] –  Today marks the 44th anniversary of the Supreme Court decision in Roe vs. Wade, two days after the inauguration of Donald Trump, and one day after millions of women all over the world marched in support of women’s rights. Any moment now Mr. Trump is expected to reinstate the Global Gag Rule, which bars US foreign aid from going to any foreign organization that performs or provides information about abortions as a method of family planning.

GJC Statement on the Inauguration of Donald Trump

FOR IMMEDIATE RELEASE— January 20 2016

[NEW YORK] – Today, as Donald Trump is sworn in as the 45th President of the United States, it is important to remember that no one—and no country—is above the law. Over the course of his presidential campaign, Mr. Trump has expressed his attitude on a range of issues, from abortion to immigration to torture, that are antithetical to the notion of human rights. Many of his proposed policies, if enacted, would put him or the US in violation of international law.

Growing Consensus in International Community that US Must Lift Abortion Ban

by Liz Olson

Denying women raped in war zones access to abortions is a violation of their fundamental human rights ­­-- yet the US continues to do so in the face of growing international criticism. Under the Geneva Conventions, women raped in war zones fall under the category of the “wounded and sick,” meaning that they are entitled to all necessary medical care to treat their condition. Failing to provide abortion access to these women not only violates their rights under International Humanitarian Law, it subjects them to further trauma, as they are again stripped of control over their bodies.  These women, forced to carry the children of their rapists, face additional pain, suffering, and stigma.

The Helms Amendment, enacted in 1973, prohibits US humanitarian assistance funds from being used to pay for abortions “as a method of family planning.” Since then, the law has been incorrectly interpreted as a blanket ban on abortion services, even in cases of rape, incest, or life endangerment.  By denying women and girls raped in war zones access to this necessary medical procedure, the US is violating the “principle of adverse distinction” under the Geneva Conventions, which stipulates that IHL cannot be implemented in ways that are less favorable for women than for men. Men and women wounded in war must be provided with all necessary forms of medical care. For women raped in was zones, this includes access to abortion services.

Access to abortion service has been increasingly recognized by the international community as a right under humanitarian law, and the US ban has come under growing criticism. The United Nations, United Kingdom, France, the Netherlands and the European Union have all come out in strong support of providing safe abortion access to women raped in conflict zones, and it is time for the US to follow suit.

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.

ISIS is Committing Genocide: Now What?

by Jessica Zaccagnino

On March 17th, Secretary of State John Kerry declared that ISIS is committing acts of genocide against Yazidis and other minority groups in Iraq and Syria, launching the United States into a complex discussion of how to feasibly prosecute ISIS. Although there is not universal ascension to the Genocide Convention, customary international law has enshrined obligations of the international community to prevent, suppress, and punish perpetrators of genocide. Akila Radhakrishnan, the Legal Director of the GJC, emphasized in an interview that “the prohibition on genocide is actually considered to be so widely important that it has attained an even higher status of customary international law called jus cogens,which means it is absolutely non-derogable in every context.” The United States, party to the Genocide Convention, is required by both international conventions and customary international law to take action against genocide. Declaring that ISIS is committing is relatively easy, but actually prosecuting ISIS poses a unique set of challenges in part due to their non-state actor status: logistical, legal, and otherwise.

The prosecution of ISIS for genocide raises numerous, difficult questions: first, what body should carry out trials? In a resolution released days prior to Kerry’s announcement, Congress indicated support for trial in an internationally-run court, such as the International Criminal Court, or an entirely new tribunal, would be the best course of action. The White House has yet to indicate a plan of prosecution. Similar questions of logistics, such as who to hold responsible and where to hold large numbers of detainees, have also been raised. The existence of a defined administrative hierarchy within ISIS raises questions as to what extent subordinates should be held accountable for acts planned by their superiors; however, this is a question that plagues most tribunals.

In terms of prosecuting foreign fighters, it will likely be easier for the United States to turn over detainees to Iraq, an ally, than to Syria, as the US has been supporting rebel groups wishing to oust President Bashar Assad. Since ISIS utilizes many foreign fighters, estimated at 27,000, the use of national jurisdiction over these fighters may open up opportunities for a case in the ICC, even though Iraq and Syria are not party to the Rome Statute, or domestic trials in the US if extradited. The final problem is one of evidence: genocide is a very difficult crime to prove. Due to the “specific intent” portion of the definition, more extensive evidence is required than general charges of crimes against humanity or war crimes. This means, in order to prosecute ISIS, there must be a careful collection of evidence, all while in an active war zone.

To successfully prosecute ISIS for crimes of genocide, the US and international community will have to parse through numerous complex challenges in the near future and focus their energy not on only combatting ISIS militarily, but also constructing a clear prosecutorial strategy.

Although prosecuting ISIS for crimes of genocide poses a unique set of challenges, they are not impossible to overcome. The United States and the global community have a duty to prosecute crimes of genocide under international humanitarian law. ISIS’ prosecution, with the US playing an active role, is of utmost importance, especially now that both the US and UN’s Commission of Inquiry on Syria have come to the consensus that ISIS is perpetuating genocide. Countries must engage with these challenges proactively and address them head on in order to make substantial progress towards prosecution.

Clickhere to read the full interview with Akila Radhakrishnan and Grant Shubin, lawyers at Global Justice Center, about the US’ declaration of ISIS’ genocide.

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.

John Kerry Says It's Genocide

FOR IMMEDIATE RELEASE - March 17, 2016

[WASHINGTON, DC]– This morning, US Secretary of State John Kerry announced that Daesh is committing genocide against ethnic minorities, including Yazidis, Christians, and Shia Muslims. This is the first genocide the US has recognized since Darfur in 2004.

On Anniversary of Roe v. Wade, US Can’t Forget Women Overseas

Forty-three years ago today, the Supreme Court deemed abortion a constitutionally protected right for women in the United States in Roe v. Wade, taking a huge step forward for women’s equality. Since then, anti-choice lawmakers at the federal and state-level have been working concertedly to render this right meaningless by restricting access to abortion.

The Guttmacher Institute recently found that states have enacted 1,074 abortion restrictions since 1973.  One of the longest-standing restrictions is the Helms Amendments, which has been in place since December 1973 and prevents the use of U.S. foreign aid to pay for abortion services, even in the case of rape, incest or life endangerment.  

Shutting down federal funding for abortion services exacerbates one of the longest-standing barriers to abortion access: the cost. As anti-choice lawmakers have known for the past four decades, if the right to abortion can’t be eliminated, the next best thing is to make abortion access practically impossible.

The Helms Amendment impacts some of the most vulnerable women and girls in the world; those raped in war. Through the continued imposition of the Helms Amendment without exceptions, the U.S. is denying abortion access to women enslaved and raped by groups like ISIS and Boko Haram, and to girls as young as 12 raped in the Democratic Republic of Congo.

The U.S. is laudably the world’s largest provider of development and humanitarian aid. Through this aid, the U.S. funds a variety of initiatives around the world, including health care services in conflict zones. But when girls and women present at these U.S. funded health centers for medical care, while they may have access to a wide range of services, safe abortion is not one of them. Insultingly, if these women seek out an unsafe abortion and have medical consequences, they can go to a U.S. funded health care provider for post-abortion care, but only after they have put their own life in danger. Not only is this policy illegal under international law, its consequences are dire and often deadly.

Yesterday, in a receiving line at a town hall in Iowa, Hillary Clinton was asked by an activist whether she would “help fix the Helms Amendment” as president, to which she gave a resounding yes.   There has been no stronger advocate of women’s rights and abortion rights in the current presidential campaign than Clinton. Rightly framing abortion as a class and racial issue, she’s drawn attention to the fact that making abortion unaffordable essentially renders the right to it meaningless, in particular for low-income women.  However, Ms. Clinton, as a part of the Obama Administration, had ample opportunity to act on the Helms Amendment but failed to do so.

During her tenure as Secretary of State, the Helms Amendment’s impact of women raped in war was raised with the Obama Administration multiple times, including during the 2010 Universal Periodic Review of the United States. However, despite the fact that President Obama can take steps through executive action to limit the impact of the Helms Amendment, he and his Administration have continually failed to take any action—to the detriment of countless women around the world.

Like Roe & the U.S. Constitution, a variety of international instruments, including the Convention on the Elimination of All Forms of Discrimination against Women, the Geneva Conventions, the Convention against Torture, and the International Covenant on Civil and Political Rights, enshrine and protect rights to abortion for women around the world. However, as long as the U.S. remains the world’s largest donor of development and humanitarian aid, abortion restrictions on foreign assistance, such as the Helms Amendment, will continue to impede the ability of women around the world to exercise their right to abortion services.  

Today, as we reflect on the legacy of Roe, and sit on pins and needles as we anticipate the arguments and Supreme Court decision in Whole Women’s Health v. Cole, let us also reflect on the idea that the right to abortion is nothing without the protection of actual access to these services, including through public funding. And that policymakers in Washington D.C. shouldn’t be the reason that women are unable to exercise their rights around the world.

 

Akila Radhakrishnan is the Legal Director at the Global Justice Center. She has published articles in The Atlantic, Women Under Siege, RH Reality Check, Ms. Magazine, the Denver Journal of International Law and Policy and Reproductive Laws for the Twenty-First Century.

Listen to Akila Radhakrishnan Participate in Reproaction’s Act and Learn Webinar on Helms

For six years President Obama has failed to extend abortion funding to rape victims in war zones. At this Reproaction Act and Learn webinar, advocates and experts explained the Helms Amendment and how President Obama’s continued inaction hurts women around the world. We provided a clear answer to this common question: What’s the difference between Helms, Hyde, and the Global Gag Rule? Finally, we shared actions you can take to ensure Obama doesn’t leave a #BadLegacy on reproductive rights.

Featuring these guest panelists:

- Rev. Harry Knox, President/CEO of the Religious Coalition for Reproductive Choice
- Akila Radhakrishnan, Legal Director for the Global Justice Center
- Beirne Roose-Snyder, Director of Public Policy for the Center for Health and Gender Equity (by advance remarks)

If you support Reproaction’s #BadLegacy campaign, or want to find out what it’s all about, you won’t want to miss this webinar.

Listen here.