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.

“A Devastating Year for Children”

This year has been one of the worst years for children, according to the United Nations. “As many as 15 million children are caught up in violent conflicts in the Central African Republic, Iraq, South Sudan, the State of Palestine, Syria and Ukraine,” said the Unicef’s report. “Globally, an estimated 230 million children currently live in countries and areas affected by armed conflicts.

“This has been a devastating year for millions of children,” said Anthony Lake, UNICEF Executive Director. “Children have been killed while studying in the classroom and while sleeping in their beds; they have been orphaned, kidnapped, tortured, recruited, raped and even sold as slaves. Never in recent memory have so many children been subjected to such unspeakable brutality.”

© UNICEF

In the Central African Republic, Syria, Iraq, Gaza, South Sudan, Nigeria millions of children are affected by ongoing conflicts. Young girls are being kidnapped, tortured, forcibly impregnated, forced marriages, withheld from education, raped and turned into sex slaves. Half the victims of rape in conflict zones are children.

The Global Summit to End Sexual Violence in Conflict that took place in London this June recognized that rape and sexual violence in conflict often has a much bigger impact than the fighting itself, and that one should not underestimate the depth of damage done to individual rape victims. “Sexual violence in conflict zones includes extreme physical violence, the use of sticks, bats, bottles, the cutting of genitals, and the sexual torture of victims who are left with horrific injuries. Many die as a result of these attacks. But survivors can also face a catastrophic rejection by their families and may be cast out from their communities”.

Compounding the suffering is a US foreign policy that denies safe abortion services to girls raped in armed conflict. GJC’s August 12th Campaign challenges this routine denial of full medical rights to war rape victims as a violation of the right to non- discriminatory medical care under the Geneva Conventions and its Additional Protocols.

Young girls who become victims of rape used as weapon of war are forced to bear the child of their rapist. This also is an “unspeakable brutality”.

Obama’s Visit Highlights Changes Still Necessary in Burma

On November 13th, 2014 President Barack Obama held a town hall at Yangoon University in Burma. During the event, protesters held up signs that read, “Reform is Fake,” “Illusion,” and in reference to Obama’s own campaign slogan, “Change?”

Obama himself addressed the signs at the beginning of his remarks, reading them aloud and assuring protesters that they would have time for questions at the end of the town hall where he could address their concerns.

The New York Times, in their article of the event, used pictures of the town hall but made no mention of the signs. The protest and its glossing over by major media outlets demonstrates the fraught relationship that many are having with the Burmese government as it inches towards democracy, accountability, and equality.

While there have been legitimate reforms that have enabled the United States to engage with the Burmese government on a diplomatic level, full reform and rule of law in Burma cannot be established while the constitution places the military outside of civilian control.

As Zin Mar Aung said in an Op Ed in the Irrawaddy Journal,

“Before fully embracing the Burmese government as a democratic partner, the United States must revisit its carrot and stick policy, which has, of late, been much more carrot than stick. Instead of a credible “stick,” we have seen an overall lack of accountability toward the regime.”

These sentiments reiterate statements from Global Justice Center, President, Janet Benshoof, from over a year ago.

“Despite this disturbing evidence of ongoing human rights abuses, military attacks on ethnic civilians, inconsistencies between government statements and actions…the global community continues to ignore or downplay both the significance of these violations as well as the limitations of the constitution.”

Though there have been democratic reforms and fragile advances, the reality is that military rule still prevails in Burma, armed conflict continues and the military enjoys constitutional-guaranteed impunity for war crimes. The Global Justice Center has long called on the United States and the international community to insist that the Burmese government dismantle the structural barriers in place that prevent true peace and democracy.

At the end of the town hall, Obama was asked what he would do if he was President of Burma to help the country develop, he responded,

“Number one, there needs to be an election next year. It shouldn’t be delayed. Number two, there should be constitutional amendments that ensure a transition over time to a fully civilian government. Number three, there needs to be laws put in place to protect freedom of the press, freedom of expression, freedom to politically organize.”

Though he is not President of Burma, there is still much Obama can do to help achieve these commendable objectives, by using diplomatic pressure, supporting capacity building, policy dialogue and calling for accountability for human rights abuses.

Republicans Congress Threatens Women Worldwide

Republicans in Congress are committed to efforts to drain U.S. aid from international family planning programs. Now, as they are freed from the knowledge that a Senate controlled by Democrats would surely block their most extreme measures, they can succeed and harm women worldwide. The United States should be increasing, not decreasing, its current investment of $610 million in funding to international family planning programs, which already prohibit the use of U.S. foreign aid to provide safe abortions “as a method of family planning.”

The prohibition, introduced in 1973 as part of the Helms Amendment, does not define what constitutes “family planning,” yet Republican and Democratic administrations, including Mr. Obama’s, have treated it as a total ban on funding of abortion under any circumstance. As a result, help is denied to women and girls who are victims of rape or whose lives are threatened by carrying a pregnancy to term.

However, there’s still some light at the end of the tunnel, even despite the serious threats posed by this new Congress to women around the world, The President doesn’t need congressional approval to reinterpret the Helms Amendment. The President should act to clarify that the law allows aid to be used to provide safe abortion to women and girls raped in armed conflict.

GJC urges President Obama to issue an executive order lifting U.S. abortion restrictions on humanitarian aid for girls and women raped in armed conflict. Mr. Obama should use his executive authority to end a longstanding misinterpretation of the Helms Amendment, which prohibits foreign aid money from being used to “pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions.”

After all, the denial of abortion violates the medical care guarantees of international humanitarian law and the absolute prohibition on gender discrimination under international humanitarian law. It also constitutes torture and cruel treatment in violation of international humanitarian law.

Lift the Ban. Save lives.

End Torture

Today marks the 20th anniversary of the U.S. ratifying the UN Convention Against Torture. By formally accepting this treaty 20 years ago, the U.S. Government made a commitment to end the use of torture and inhuman or degrading treatment or punishment. Yet to this day, the U.S. repeatedly fails to meet its commitments under the treaty with its abortion restrictions on foreign assistance to girls and women raped in armed conflict.

© UNHRN

In advance of the 53rd session of the Committee against Torture convening on November 3 in Geneva, the GJC and the World Organisation Against Torture (OMCT) submitted a Shadow Report on “US Abortion Restrictions on Foreign Assistance that Deny Safe Abortion Services to Women and Girls Raped in Armed Conflict” to the UN Committee Against Torture (CAT) that monitors implementation of the Convention. Forty three other reports were submitted through the USHRN (U.S. Human Rights Network) to the Committee as well.

Rape is torture. Forcing women to carry the child of their rapist by denying safe abortion services to war rape victims results in extended and intensified physical and psychological suffering. It is a legal and moral imperative to provide all necessary medical care, including abortion services, to war rape survivors. Currently, as a result of the Helms Amendment, the US has a “no abortion” policy placed on all US foreign aid. GJC & OMCT in their Shadow Report urge the Committee Against Torture to call on the United States to reassess and change this policy that is in violation of the convention.

CAT Day of Action  © UNHRN

Today, GJC is participating in the CAT Day of Action. Next month, human rights activists will gather for the United Nations’ review of the U.S. Government’s compliance with the Convention Against Torture. Join GJC in urging President Obama to issue an Executive Order overturning the Helms Amendment on the 20th anniversary of US ratifying CAT.

Stop Violence. End Torture.

US Abortion Restrictions of Foreign Aid Perpetuate Torture and Cruel, Inhuman and Degrading Treatment

FOR IMMEDIATE RELEASE – October 21, 2014 

[NEW YORK, NY & GENEVA] - Today marks the 20th anniversary of U.S. ratification of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Yet to this day, the U.S. repeatedly fails to meet its commitments under the treaty with its abortion restrictions on foreign assistance to girls and women raped in armed conflict.

Combatting Violence against Women in War is not just a Women’s Rights issue; it’s a Global Peace & Security issue

In the past several weeks, the world has witnessed the deliberate targeting of women and girls as a political and military tactic by Islamic State of Iraq and Syria (ISIS) terrorists. In Iraq and Syria, thousands women and girls, particularly from ethnic and religious minorities, have been kidnapped by ISIS terrorists. They are being brutally raped, used for sexual slavery, forced marriage and forced pregnancy. In other words, sexual violence is being used as a weapon of war.

In Iraq, Yazidi women and girls are a primary target for ISIS, falling prey to horrific acts of sexual violence and brutality as ISIS advanced through northern Iraq. Few managed to escape from their abductors. Adeba Shaker and Somaa are two such exceptions. Somaa was kidnapped, held hostage for almost a month, and together with her friend were sold to two old sheiks who ill-treated them. Abeda Shaker together with about seventy other women and children were abducted when militants took over their village. They were taken to an unknown destination where they joined around 1000 other Yazidi women hostages. Shaker was supposed to convert to Islam and to be forced into marriage. Fortunately, she and her companion were brave enough to try their luck and run away.

Nevertheless, these cases are rare exceptions. Many others kidnapped and held hostages are destined to suffer from ISIS brutality with no hope for rescue. What is worse, this is not a unique case. Kidnapping is a tactic of war conducted by militants, terrorists and soldiers in different conflict regions of the world.

As Nigeria’s Islamic extremist group – Boko Haram – has seized more towns along Nigeria’s northeastern border with Cameroon, more and more women and children are in danger. Last year, a group of women and girls was abducted and later rescued from Boko Haram. Some of them were pregnant. Others had been forcibly converted to Islam and married off to their kidnappers. The goal of Boko Haram is to impose their version of Sharia law across Nigeria, and they especially oppose the education of women. In April, Boko Haram kidnapped more than 300 girls from a boarding school in Chibok in northeastern Nigeria. Some of them seized the rare opportunity to escape when they were left alone in the camp and returned to their razed villages. However, more than 200 of them remain captive. This is yet another tragic example of young girls and women being violated to achieve military and political objectives. Yet the world continues to do extraordinarily little to recover those lost.

The Taliban also actively seeks to stop women and girls from attending school in Pakistan and Afghanistan. Malala Yousafzai, a women’s rights activist who campaigned against the efforts of the Taliban to violently stop girls attending school, was infamously attacked in 2012 while traveling home on a school bus. She was shot in the head, but luckily survived. Just last week, ten militants were taken into custody in connection with the attempted murder. This summer, Malala visited Nigeria and appealed to Boko Haram militants in Nigeria to lay down their weapons and free the kidnapped girls. Malala is a powerful example of women activists fighting back against violent extremism, and not just in their countries, but globally.

Combating sexual violence against women and promoting women’s rights is truly a global peace and security issue. The international community must treat it as such and act robustly to stop the rampant spread of violence against women in conflict zones around the world.

The Voices of “2014 Sister-to-Sister” Participants

Last Friday NGO Working Group on Women, Peace and Security (NGOWG) held an informal meeting with three outstanding young women activists who are part of the Nobel Women’s Initiative “Sister-to-Sister Mentorship”. Maha Babeker, Alice Vilmaro, and Andrea Ixchíu do a fascinating job defending women’s rights in Sudan, South Sudan and Guatemala. Each of them shared with us their stories of everyday fight with violence and women’s rights abuse.

Maha Babeker has worked alongside Salmmah Women’s Resource Center in Khartoum, Sudan since 2010. Maha is currently a Monitoring and Evaluation Officer and is coordinating a project to advocate for the reform of adultery laws in Sudan. She has a long history as an activist—including participating in “One Billion Rising” and “16 Days of Activism Against Gender Violence”. She is engaged with promoting social justice and equality, reproductive and health issues, leadership training and education. Her greatest concern is criminal law of Sudan which infringes upon human rights and women’s rights in particular.  Truly striking are examples of criminalized apostasy and adultery punishable by death. All Sudanese are subject to the government’s interpretation of Shari’ah (Islamic law). Apostasy from Islam is legally punishable by death under Article 126 of Sudan’s 1991 Criminal Act, same way as adultery is under Article 149 (by stoning!). Women are also bound by Shari'ah laws the way that men are not: while men can marry women of any religion, women are not allowed to marry non-Muslim men. Women, unlike men, cannot choose. In connection with this, there is a significant issue of forced marriages which is a way for some families to get rid of a ‘burden’ daughter.  Not to mention women being arrested and detained even for their outfit. Women are deprived of their rights by their country’s law.

Andrea Ixchíu is a journalist and workshop facilitator dedicated to promoting indigenous women’s rights in Guatemala. Since childhood, Andrea has organized local campaigns to denounce violence against women in her community. She now delivers workshops to youth on preventing gender violence. As a journalist, Andrea writes for local and municipal papers to promote indigenous women’s participation in traditional leadership structures. Andrea told us that social movements, particularly women’s rights movements, become criminalized in Guatemala. The military government use war logic in domestic policies, war weapons against civilians and commit war crimes throughout the country. In Guatemala, where “minority is the ruling elite, not the thousands of civilians on the street” they are fighting with, women remain in danger of being raped. Andrea admitted that arrested women are treated in a different way than men which seems to be a minor fact comparing to the more than 200 rape cases per year taking place in Guatemala. What is more, the government not only has its spies in media, it also bribes women to lie about the situation publicly. However, they cannot cover all the terrible facts. For instance, they cannot cover the story of Yolanda Oquelí who was shot last year for being an activist and a human rights defender.

Alice Vilmaro, who is a Gender and Planning Officer with the Community Empowerment for Progress Organization (CEPO) in Juba, South Sudan, coordinates programs that promote the involvement of women and girls in South Sudan to achieve a lasting peace. CEPO’s program focuses on reporting human rights violations such as sexual and gender based violence, mitigating community conflicts and promoting peaceful co-existence among conflicting communities, as well as strengthening civic education in communities and public participation on governance issues. Alice believes that women can fill in the gaps between conflict groups in South Sudan and play a significant role in peacebuilding after the conflicts. She is also working alongside a civil society monitoring team to effectively implement UN Resolution 1325, which reaffirms the important role of women in the prevention and resolution of conflicts, peace negotiations, peacebuilding, peacekeeping, humanitarian response, and in post-conflict reconstruction, in the country. Alice told us that partnership programs with international missions as UNFPA and UN Women, and local missions as GBC (Greater Bor Community-USA programs focus on agriculture, promotion of education, promotion of quality public health and peace-building initiatives among the communities in Southern Sudan) are extremely important.

The reason why these women gathered together at this table is because they share something really important – desire to help women and stop the violence against them. They believe that pressure on their governments on the international level, diplomatic missions and data collecting could help women’s rights issues in their countries. They care, and they share their stories with us.

Letter to President Obama, "Re: Ending the Deadly Denial of Abortion Services to Girls and Women Raped in War"

On the 65th Anniversary of the Geneva Conventions, GJC writes to President Obama asking him to issue an Executive Order which restores, at a minimum, the rape, incest and life endangerment exceptions to the Helms Amendment and affirms the rights of girls and women raped in war to all necessary medical care under the Geneva Conventions, including safe abortion.

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Fact Sheet: Stopping The Use Of Rape As A Tactic Of War: A New Approach

There is a global consensus that the mass rape of girls and women is routinely used as a tactic or “weapon” of war in contemporary armed conflicts.1 Despite two decades of intense global efforts, rape used as a tactic of war continues undeterred. This is not surprising: rape is a cheap, powerful, and effective tool for military forces to use to kill and mutilate women and children, force pregnancy, terrorize families and communities, demoralize enemy forces, and accomplish genocide.

Rape used to further military objectives or the strategic aims of a conflict (“strategic rape”), constitutes a prohibited tactic or method of warfare under international humanitarian law.

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Global Justice Center calls on International Criminal Court to Investigate Genocide of Chibok Schoolgirls

FOR IMMEDIATE RELEASE – April 14, 2014

[NEW YORK, NY] – On the night of April 14th, 2014, 276 Nigerian schoolgirls were abducted from their boarding school in Chibok, Nigeria by the terrorist group Boko Haram. The abduction ignited worldwide outrage, sparked a vigorous social media campaign to #BringBackOurGirls, and drew condemnation from political leaders around the world.

Ending Impunity for Widespread and Systematic Use of Sexual Violence in Colombia’s Ongoing Armed Conflict

On November 27, as part of 16 Days of Activism against Gender Violence, advocacy group ABColumbia published a report on women, conflict-related sexual violence and the Colombian peace process. This report reveals the widespread and systematic use of sexual violence in Colombia’s ongoing armed conflict by security forces, guerilla groups and paramilitaries. Torture and mutilation, the killing of unborn children, rape in the presence of family members and gang-rape are used as a tactic to achieve military goals. This report sheds light on the strategic use of rape as an illegal weapon of war, a method of conducting hostilities that violate states’ responsibility as well as international law. This report also illuminates the economic and cultural systems that sustain violence against women and girls – pre-existing norms and patterns of discrimination, both inside and outside the conflict – that must be dismantled to establish an equality-based rule of law in Colombia. Massively underreported, these crimes are almost never prosecuted and the impunity rate for sexual-related crimes runs at more than 98 percent. According to the report, ending the almost total impunity for this crime is essential for the potential success of a peace process in Colombia.

A woman holds up a poster dotted with rose petals and a message that reads in Spanish; “Only a kiss would shut me up,” during a march to protest physical abuse of women and in support of Colombia’s peace talks in Bogota, Colombia on Friday, Nov. 22, 2013.

In 2012, Amnesty International said that in Colombia, “women are targets of sexual violence to sow terror within communities to force them to flee their land, wreak revenge on the enemy, control the sexual and reproductive rights of female combatants or exploit women and girls as sexual slaves.” While sexual violence against women is employed as a strategy of war by all armed actors in the Colombian conflict, different objectives are pursued using sexual violence by security forces, guerilla groups and paramilitaries.

The Revolutionary Armed Forces of Colombia (Fuerzas Armados Revolucionarias de Colombia – FARC) uses sexual violence strategically in the forced recruitment of female combatants. Though recruitment of children below the age of 15 is a war crime, young girls are either lured into the FARC or abducted, to serve “as companions for their leaders,” their forced sexual services as ‘payment’ to protect other members of their family. Furthermore, once ‘recruited,’ FARC imposes their policy of contraception and forced abortion to further control the sexual and reproductive rights of female combatants.

Oxfam wrote that “state military forces, paramilitaries and guerrilla groups have used sexual violence with the goal of terrorizing communities, using women as instruments to achieve their military objectives.” By terrorizing rural communities, most commonly inhabited by indigenous populations, these groups use women’s bodies to exercise forced displacement and advance their control of territories and resources. The use of sexual violence to induce terror is epitomized by the act being carried out in full view of the community, according to the ABColumbia report. This practice of forced displacement on indigenous communities puts them at risk of physical or cultural extinction – a campaign that looks a lot like genocide. Furthermore, with an increased presence of state military forces in regions characterized by large scale-mining, agribusiness and areas of strategic importance for drug trafficking comes an increase in the exploitation of women and girls as sexual slaves.

Sexual violence is also used to impose social control over the activities of women. This tactic is extensively used by paramilitary groups and occasionally by guerilla groups. Cultural attitudes and social codes are imposed on women and transgression from those roles result in punishment, often public and intended to shame the victim and cause social stigmatization against them. The use of sexual violence as a method of conducting hostilities identifies the ‘enemy’ as the civilian population rather than other armed combatants. Colombia’s Human Rights Ombudsman reported that “even if cases of sexual violence against women perpetrated by the Security Forces do not correspond to a war strategy (…), they constitute a generalized practice that takes advantage of the conditions of subordination of women, their precarious economic conditions resulting from lack of protection by the State, and the acceptance of existing ideas in the local culture, such as a woman’s body is an object that belongs to men.”

Protesters in Bogota chant “miniskirts are not an invitation.”

“(Rape) is one of the only crimes for which a community’s response is more often to stigmatize the victim rather than prosecute the perpetrator.” – UN Action against Sexual Violence in Conflict

According to this report, “impunity for these crimes acts to reinforce, rather than challenge, these pre-existing norms and patterns of discrimination against women, both inside and outside of the conflict.” Incidents are rarely reported because there are no guarantees for women in the justice system – either they are not believed, or the police took no action, refused to document their case or they feared for their safety. Also, the social stigma attached to sexual violence that fosters the practice of victim-blaming and encourages women to remain silent about their attacks. When Colombia’s security forces are themselves among the perpetrators of violence, it makes sense that women have an extreme lack of faith in their access to justice. Ending impunity for these crimes is essential for changing attitudes about conflict-related sexual violence.

Unlawful weapons violate states’ responsibility as well as international law. Peace talks between the Colombian Government and the Revolutionary Armed Forces of Colombia (FARC) were officially announced in August 2012, after five decades of conflict. The ABColombia report calls for Colombia to adhere to UN Resolutions 1325 and 1820. Colombia signed both these resolutions, which state that Governments must ensure sexual violence is on the agenda during peace talks, that there should be no amnesties for sexual violence crimes, and that women must play a major part in the peace process and in the construction of peace. Women’s issues cannot be dealt with ex-post, especially when mistreatment and abuse of women is deeply rooted in Colombian society. Women are being sacrificed for their country without their consent and their voices must be heard during the peace process.

The Audacity of Hope for Peace Amidst Devastation in Congo

In a move that raised hopes for a peace agreement to end nearly two years of insurgency in the North Kivu region of the Democratic Republic of Congo, the rebel group M23 surrendered to authorities in Uganda. M23 has been the dominant rebel group fighting to seize control of the Congo’s mineral resources in the latest installment of the multinational war that has devastated the region since 1998. M23 stated that their movement would adopt “purely political means” to achieve its goals and urged its fighters to disarm and demobilize. Yet they were forced to end their rebellion in the face of military victories from the Congolese army, and crumbling under international pressure, particularly action from the United Nations “intervention brigade” and Rwanda’s alleged decision to stop its rumored military support for the rebels.

At the heart of the world’s longest-running conflict has been a battle over Congo’s abundant mineral wealth, as warlords, corrupt government officials, competing ethnic groups and corporations fight to control them. Congo has more than 70% of the world’s coltan, used to make vital components of mobile phones, 30% of the planet’s diamond reserves and vast deposits of cobalt, copper and bauxite.While ten armed groups still operate and compete for access to mineral resources in Congo, M23 has been the most active group since April 2012 and represent the latest manifestation of this ongoing crisis. In April 2012, the rebels accused the government of failing to live up to the terms of their 2009 peace agreement, and took up arms in April 2012. This country has repeatedly witnessed decades characterized by patterns of violence, peace accords and continued violence.

Now that the rebels have abandoned their insurgency, the government will “make a public declaration of acceptance” and within five days, a formal peace agreement will be signed. The peace process in DRC is unique because due to years of nonstop war and abuse, sexualized violence has become normalized and impunity is the rule. Because the sex-subordination of women in society has been reinforced and defined by the conditions of endless war and war trauma in DRC, peacebuilding process must involve the participation of women.

Congolese soldiers interviewed by the Harvard Humanitarian Initiative displayed “extremely rigid and formalized gender roles in times of both war and peace.” Wartime sexual violence is linked in general to sex-subordinating attitudes such that wartime rape becomes part of the larger system of sex subordination as well as part of war itself. For a country that has experienced decades of war with very few intervals, the violent subordination of women becomes synonymous with the daily conditions of living in a war zone. Furthermore, the trauma of war and exposure to violence – seeing family members killed, being personally injured or raped, or forced to witness rape – increase the likelihood of perpetrating gender-based violence. According to researchers, 59 percent of men and 73 percent of women in DRC reported at least one traumatic event due to the conflict. What is being enacted on women in DRC’s war and homes is the result of a lack of relief from constant exposure to violence as well as an extreme conception of masculinity that is synonymous with war.

Dr. Denis Mukwege is one of the only surgeons in Congo performing surgeries to repair the devastating vaginal and reproductive damage done to victims of war rape. He has stated that he’s performed thousands of reconstructive surgeries, including surgeries to remove fistulas, brought on by unique brutality of war rape in DRC. He discusses how these vicious acts of rape and sexual violence are used as a weapon of war by both government and rebel forces.

In addition, Dr. Mukwege states that child soldiers who return home grow into men are not being taught any other way to behave and have learned to live only through aggression. Among men who were forced to leave home during the conflict, 50 percent reported committing an act of gender-based violence against their female partner. Furthermore, 800,000 people have been displaced since M23’s insurgency alone – a traumatic experience characterized by economic disenfranchisement and associated with a loss of masculinity, which has contributed to widespread spousal abuse. Within the context of war, the language of power is asserted by subordination, in this case gender-based violence predominately against women and girls (though men have also been systematically raped in DRC).

The status of women within society is a key factor in the prevalence of violence against them. Post-conflict DRC must involve dissolving the sex-subordination of women that has defined this armed conflict. A certain kind of masculinity gets forged in the crucible of war that is sustained by its contrast to a subordinated femininity. This conflict has normalized sex-subordination of women in society and re-establishing the rule of law is key for women’s peace, security and protection of rights.

US special envoy Russell Feingold described the enduring instability in the DRC as “one of the toughest problems in the world”, but said “it has never seen such sustained (international) attention.” In a country in armed conflict where current law rules marital rape is not a prosecutable crime and impunity for gender-based violence is rampant, the international community must step forward to establish a new rule of law. Congolese men, women and children have all suffered unimaginable traumas but the disproportionate impact of conflict on women demands calling for women’s engagement in conflict resolution and peacebuilding.

The United Kingdom’s Duty under International Humanitarian Law to Ensure Non-Discriminatory Medical Care to Women and Girls Raped in Armed Conflict, including Access to Safe Abortion Services

Excerpts of UK, EU and International Laws, Policies & Practices Relevant to this Duty

Updated as of October 8, 2013

The duty of the United Kingdom ("UK") to respect international law, and in particular international humanitarian law, is firmly rooted in its body of domestic law which implements the Geneva Conventions and its Additional Protocols, and is further supplemented by the laws, regulations, and guidelines of the European Union.
For women raped in armed conflict, abortion is a legal right under international humanitarian law ("IHL"). Girls and women raped in armed conflict are "protected persons" under the Geneva Conventions and are entitled, as the ―wounded and sick, to "receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition." This care must also be non-discriminatory. To deny a medical service to pregnant women (abortion), while offering everything needed for victims who are male or who aren't pregnant, is a violation of this requirement of non-discrimination. Therefore, IHL imposes an absolute and affirmative duty to provide the option of abortion to rape victims in humanitarian aid settings; failing to do so violates the Geneva Conventions, its Additional Protocols, and customary international law.

These protections are further supported by international human rights law. The Committee against Torture and the Human Rights Committee have both declared the denial of abortion to be torture or cruel, inhuman, and degrading treatment in certain situations. Furthermore, under these treaties, which apply concurrently with humanitarian law during armed conflict, State Parties are required to provide the highest standard of rehabilitative care for torture victims, which includes the provision of complete medical services for injuries resulting from torture. In the case of impregnated female rape victims, such care must include the option of abortion.

This compendium contains excerpts from British legislation, policy, and practice which underscore the UK's commitments to ensure that its humanitarian aid to girls and women raped in armed conflict affords them their full and inalienable rights to medical care under IHL. This requires: (1) access to a complete range of health and life-saving treatments including abortion, and (2) compliance with the tenet of non-discriminatory humanitarian aid for girls and women raped in armed conflict.

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Compendium: The Obligation of the United Kingdom to Protect the Inalienable Rights of Girls and Women Raped in Armed Conflict to Non-Discriminatory Medical Care Including Access to Abortion: Excerpts of Relevant UK Laws, Policies, & Practices

The duty of the United Kingdom (UK) to respect international law, and in particular international humanitarian law, is firmly rooted in its body of domestic law which implements the Geneva Conventions and its Additional Protocols, and is further supplemented by the laws, regulations, and guidelines of the European Union.

For women raped in armed conflict, abortion is a legal right under international humanitarian law (IHL). Girls and women raped in armed conflict are “protected persons” under the Geneva Conventions and are entitled, as the “wounded and sick,” to “receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition.” This care must also be non-discriminatory. To deny a medical service to pregnant women (abortion), while offering everything needed for victims who are male or who aren’t pregnant, is a violation of this requirement of non-discrimination. Therefore, IHL imposes an absolute and affirmative duty to provide the option of abortion to rape victims in humanitarian aid settings; failing to do so violates the Geneva Conventions, its Additional Protocols, and customary international law.

These protections are further supported by international human rights law. The Committee against Torture and the Human Rights Committee have both declared the denial of abortion to be torture or cruel, inhuman, and degrading treatment in certain situations. Furthermore, under these treaties, which apply concurrently with humanitarian law during armed conflict, State Parties are required to provide the highest standard of rehabilitative care for torture victims, which includes the provision of complete medical services for injuries resulting from torture. In the case of impregnated female rape victims, such care must include the option of abortion.

This compendium contains excerpts from British legislation, policy, and practice which underscore the UK’s commitments to ensure that its humanitarian aid to girls and women raped in armed conflict affords them their full and inalienable rights to medical care under IHL. This requires: (1) access to a complete range of health and life-saving treatments including abortion, and (2) compliance with the tenet of non-discriminatory humanitarian aid for girls and women raped in armed conflict.

The UK is a global leader in providing humanitarian aid and assistance to the victims of armed conflict. The UK should continue to endeavour to comply fully and faithfully with the rights and protections these victims are accorded under IHL.

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