Gender and Genocide

GJC’s new project focuses on the gendered components of genocide, specifically addressing non-killing genocidal acts which disproportionately affect women. In addition to mass killings, the 1948 Genocide Convention laid out four other types of genocidal actions that can be used to systematically destroy a religious or ethnic group: inflicting bodily or mental harm including rape and torture; denying access to basic necessities such as food and water; preventing births including through sterilization and forced abortion; and kidnapping and detaining children.

In the case of ISIS’s genocide of the Yazidi, we know that they are committing these crimes around sharply divided gender lines: killing older men & women and abducting young women and girls and enslaving them.

GJC is fighting for the international community, including the UN, EU and all 147 states that signed the Genocide Convention to recognize that genocide is happening, take immediate steps to prevent further genocide and suppress ongoing genocide, including fulfilling their duty to rescue women and girls who are being held captive, and to punish genocide by supporting prosecutions at the International Criminal Court.


Groundbreaking Legal Analysis of Gender-Based Crimes in Rakhine State

FOR IMMEDIATE RELEASE – September 17, 2018

[New York] – The Global Justice Center (GJC) released a report today providing the first comprehensive legal analysis of the gender-based crimes committed against Rohingya women and girls in Rakhine State, amounting to crimes against humanity and genocide. 

Too often, the female victims of atrocity crimes are overlooked, their experiences lost in a narrative of violence centered around mass killings. This report highlights the central role that gender played in the design and commission of the atrocities carried out against the Rohingya. The Burmese military has a long history of using rape as a weapon against ethnic minorities, and the assault on the Rohingya was no exception—women and girls were systematically singled out for brutal rape and sexual violence. As one survivor testified, “I was lucky I was only raped by three men.” Accountability proceedings—whether at the domestic or international level—must take into account these gendered experiences.

Discrimination to Destruction: A Legal Analysis of Gender Crimes Against the Rohingya

Since August 2016, the Burmese military (Tatmadaw), Border Guard, and police forces have conducted a systematic campaign of brutal violence against Rohingya Muslims in Burma’s northern Rakhine State. These attacks come in the midst of a decades-long campaign of persecution of the Rohingya through discriminatory measures to police and control the group, including denying citizenship rights, restricting movement and access to healthcare, and limiting marriage and the number of children in families. While all members of the Rohingya population were targeted for violence, gender was integral to how the atrocities were perpetrated.

This brief seeks to bring to light the international crimes—crimes against humanity and genocide—committed against Rohingya women and girls since 2016 by Burmese Security Forces and highlight the role gender played in the design and commission of these atrocities. The military has long used rape as a weapon of war and oppression in its conflicts with ethnic groups, and in the recent attacks, Rohingya women and girls were targeted for particularly brutal manners of killing, rape and sexual violence, and torture. 

Rape and sexual violence were widespread, pervasive, and often conducted in public. The acts resulted in serious bodily and mental harm to women, including in some circumstances, death. Many women reported being gang raped, some by as many as eight perpetrators. The rapes were accompanied by other acts of violence, humiliation, and cruelty. Women were beaten, punched, kicked, and subjected to invasive body searches. Their bodies were mutilated, their breasts and nipples cut off and vaginas slashed. Women and girls were not spared by age or condition—with girls as young as five and pregnant women among the victims. 

Gendered crimes and consequences were not limited to sexual violence and rape. Rohingya women and girls were often murdered by being burned alive or butchered by knives used for slaughtering animals—methods of killing that mirror the destruction of objects and property, demonstrating the Security Forces’ misogyny and deeply gendered conceptions of power.

When these acts are compared against the elements of international crimes, they reveal a series of criminal conduct informed and defined by the gender of the victim. These include, as analyzed in this brief, the crimes against humanity of murder, persecution, forcible transfer or deportation, rape and other sexual violence of comparable gravity, and torture, as well as the genocidal crimes of killing, causing serious bodily or mental harm, inflicting conditions of life calculated to bring about physical destruction and imposing measures intended to prevent births within the group. 

The international community has, at long-last, begun to recognize the imperative to ensure justice and accountability for the crimes committed by Burmese Security Forces and the impossibility for justice in Burma’s domestic system. As the international community begins to develop mechanisms for justice and accountability—whether through international investigations and evidence collection, at the International Criminal Court, or in third-party states—it is essential that a strong gender perspective and analysis is incorporated at all levels of these processes, from investigation to prosecution to redress and reparations.

Download the Full Report

The Akayesu Judgment at 20: looking back, pushing forward

On the 20th anniversary of the Akayesu judgement, Akila Radhakrishnan and Sareta Ashraph reflect on the landmark judgement.

As the push for accountability for the Yazidi and Rohingya genocides continues, it is essential that prosecutors and activists alike ensure that acts of genocide, beyond the act of killing, are fully investigated, properly indicted, and raised at trial. As women and girls are more likely to survive genocide, any ensuing trials rely heavily on what they have seen, heard, and suffered. A conception of genocide that relies on them bearing witness to killings (usually but not solely of male members of the group), and which turns away from all non-lethal acts of genocide (usually but not solely visited on female members of the group) is a harm to the survivors, the group, the historical record, and to our understanding of the crime of genocide.

When genocide is recognized only its most murderous articulations and gendered genocidal crimes such as rape, torture, forced pregnancy, and enslavement are ignored, States and international organizations lose much of their power to uphold the legal obligations to prevent and punish genocide. When the gendered crimes of genocide are excluded from prosecutions, the living survivors of genocide are denied justice and history yet again erases the experiences of women and girls.

Read the Full Article 

Statement on the Report of the United Nations Fact-Finding Mission on Myanmar

FOR IMMEDIATE RELEASE - August 27, 2018

[New York]– The Global Justice Center (GJC) welcomes the United Nations Fact-Finding Mission on Myanmar’s report on the crimes against minority groups, including the crime of genocide against the Rohingya committed by Myanmar’s security forces. In particular, GJC commends the Fact-Finding Mission for highlighting the military’s use of sexual violence as a tactic against all minority groups and recognizing the structural barriers to accountability in Myanmar.

For decades, the Myanmar army has targeted ethnic minority groups with impunity—burning villages, killing indiscriminately, and raping and sexually assaulting women and girls. These systematic and brutal attacks against civilians have been used to intimidate and terrorize local populations. Years of impunity for these atrocities have emboldened the military to escalate their policies of violence and repression, creating an opening for the genocidal campaign against the Rohingya.

Myanmar’s civilian government has neither the will nor the demonstrated capacity to end these horrific crimes and hold those responsible accountable. It is essential that the international community act expeditiously to address the situation in Myanmar, including the ongoing genocide of the Rohingya, and take action in line with the obligations to prevent, suppress and punish genocide.

No Justice for Yazidi Women Yet: Why Not?

GJC President Akila Radhakrishnan published an op-ed in PassBlue about the lack of accountability for ISIS's genocide against the Yazidis in Iraq. 

In light of international consensus that ISIS is committing genocide, it might seem surprising that there have been no prosecutions. In Iraq, the reason is deceptively simple — genocide is not a crime. Iraqi law does not provide for the prosecution of any international crimes, including war crimes, crimes against humanity or genocide. Nor is Iraq a party to the Rome Statute of the International Criminal Court, where such crimes can be prosecuted at the international level.

Read the Full Article 

Yet again, the world is failing genocide victims

GJC President Akila Radhakrishnan and Free Yezidi Foundation founder and Executive director Pari Ibraham published a joint op-ed in Women Under Siege calling for justice on the fourth anniversary of ISIS's genocide of the Yazidis. 

The value of accountability for the full range of crimes committed cannot be underestimated. Justice empowers survivors, shines a light on truth, and offers healing and closure, allowing an affected community to move forward. Justice at its best is not merely retribution or punishment, it is a transformation. It can allow the Yezidi community to see security, reconciliation, and peace in their homeland.

Progress on paper should not be dismissed, but it is insufficient. Four years after the genocide began, Yezidis are still waiting to see a single perpetrator held accountable for the crimes committed against their community, including genocide. 

Read the Full Article 

Yezidi Genocide Remembrance and Panel Discussion

August 1, 2018 | 2:30 - 4:00 pm

At UN WOMEN

August 3rd marks the fourth anniversary of ISIS’s attack on the Yezidi community in Sinjar, the beginning of their genocidal campaign against the Yezidi people. Four years on, the genocide is ongoing and Yezidis are still waiting for any measure of justice or accountability.

On Wednesday, August 1st, join the Free Yezidi Foundation, the Global Justice Center, UN Women & the Office of the Special Representative of the Secretary General on Sexual Violence in Conflict as we discuss how to ensure justice and accountability for the genocide and make sure that women are at the center of conflict resolution.

Speakers:

  • Ms. Phumzile Mlambo-NgcukaExecutive Director, UN Women
  • Ms. Pramila PattenSpecial Representative of the Secretary-General on Sexual Violence in Conflict
  • Ms. Pari IbrahimExecutive Director, Free Yezidi Foundation
  • Moderator: Ms. Akila Radhakrishnan | President, Global Justice Center

Download event information

The Rwandan Genocide: Rape and HIV Used as Weapons of War

By Katya Kolluri

The Rwandan Genocide, a horrific event in human history, is once again making its way into current news due to Jina Moore’s recent article in The New Yorker. Moore’s piece explores how those responsible for the Rwandan mass slaughter (termed genocidaires), may be freed years before their sentence ends. One of them is Théoneste Bagosora, widely regarded as the mastermind of the genocide. Survivors and family members of victims are protesting the decision of early release, stating that this practice of the court is, “a new form of impunity.” Critics are challenging this aspect of the parole system, particularly due to the fact that the convictions of these genocidaires is considered a landmark ruling in international justice. Twenty percent of the convicts of Rwanda’s International Criminal Tribunal have been released early. Allowing these perpetrators of genocide to be paroled is an injudicious decision, especially when considering the brutal pain and suffering this campaign of violence has caused.

Call the crimes against the Rohingya what they are: Genocide

GJC's Deputy Legal Director, Grant Shubin, published a letter to the editor in the Washington Post, in response to UN Secretary-General António Guterres' article "The Rohingya are victims of ethnic cleansing. The world has failed them."

U.N. Secretary General António Guterres was right in his July 11 op-ed, “The chilling stories of the Rohingya,” to indict the international community for failing the Rohingya. His plea for more concerted international action could not be more timely or necessary. However, his appeal did not go as far as it should have. He failed to name the crimes against the Rohingya for what they are: genocide.

Read Here

Iraq’s Criminal Laws Preclude Justice For Women And Girls

In light of the gender dynamics at the root of Daesh’s violence, gender must also be at the center of accountability. With justice for Daesh beginning, this Briefing details how Iraq’s current legal framework precludes meaningful justice for women and girls. It highlights the gender gaps in Iraq’s criminal laws and identifies opportunities for broader reform to better protect Iraqi women and girls from sexual and gender-based violence.

Introduction

For years the world watched in collective horror as Daesh committed brutal atrocities. Central to this violence was sexual and gender-based violence, with explicit targeting of women and girls. Daesh used rape, sexual slavery, forced marriage and torture—distinct crimes on their own as well as constituent elements of genocide, crimes against humanity and war crimes—as tools for recruitment, conversion, forced indoctrination, and the fundamental destruction of community cohesion.1 For many, the only thing that stood in opposition to these crimes was the prospect, however far away, of justice.

Justice, however, is complex. It requires accountability, redress and a focus on preventing the recurrence of violations. Justice efforts must be independent, credible, inclusive, and accepted by impacted communities, with special respect and recognition for the dignity of victims. Importantly, and as this Briefing illustrates, it must reflect the full scope and scale of the crimes that occurred.
As the international community and the Iraqi government begin the process of holding members of Daesh accountable for their crimes, it is critical to examine the legal systems that will be responsible for these prosecutions. Prosecutions to date, which have all been conducted under Iraq’s 2005 counter-terrorism law, have failed human rights standards and do not suffice the interest of justice. 

This Briefing highlights one such example—specifically how Iraq’s current laws fall far short of the requirements for justice, as they are unable to punish the most egregious of Daesh’s gender crimes. Iraq’s Penal Code is a patriarchal patchwork rooted in preexisting peacetime gender inequalities and violence.2 The way and manner in which the Code defines sexual and gender-based violence crimes is steeped in language and perspectives that are inherently and overtly discriminatory against women and fall short of international standards. Any justice mechanism organized under these laws will fail to provide full accountability and redress to Daesh’s female victims. 

In order to highlight these challenges, this Briefing: (i) identifies particular categories of Daesh’s gender crimes and considers how these crimes are currently codified in Iraqi law; (ii) details the gaps where Iraq’s laws do not entirely capture the ways in which Daesh committed sexual and gender-based violence; and (iii) describes international standards for defining and understanding the many facets of these crimes.

A complete reckoning with the planned and inherently gendered elements of Daesh’s violence is essential for Iraq to begin the transition out of armed conflict. These first steps of putting this history behind it must provide justice for victims, combat these victims’ marginalization, and prevent future violations against women, girls and other communities targeted on behalf of their gender. 

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The Global Justice Center Calls for Action on the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime

FOR IMMEDIATE RELEASE -December 9, 2017

[NEW YORK] Today, on the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime, the Global Justice Center warns that the promise of “Never Again” is being broken in conflicts around the world in places such as Syria, Iraq, Yemen, the Central African Republic, Sudan and Myanmar.

GJC Welcomes Verdict by ICTY Convicting Ratko Mladić for War Crimes, Crimes Against Humanity and Genocide

FOR IMMEDIATE RELEASE -November 22, 2017

[NEW YORK] –  The Global Justice Center (GJC) welcomes the historic verdict by the International Criminal Tribunal for the former Yugoslavia (ICTY) of Ratko Mladić for genocide, war crimes and crimes against humanity. Mladić was convicted of genocide and persecution, extermination, murder, the inhumane act of forcible transfer, terror, unlawful acts against civilians and hostage taking.

Human Rights Org Send Open Letter to Iraqi Prime Minister on establishing an Investigative Team for Crimes Committed by Daesh, including Yazidi Genocide

FOR IMMEDIATE RELEASE - October, 30 2017

[NEW YORK and BAGHDAD] –  Today, the Global Justice Center along with the Eyzidi Organization for Documentation, the Iraqi Al-Amal Association, the Iraqi Women Network, Madre and Yazda sent a joint open letterto the Iraqi Prime Minister Dr. Haider al-Abadi regarding the Terms of Reference currently being drafted for UN Security Council Resolution 2379 (2017).

Recommendations for the Terms of Reference and Implementation of UN Security Council Resolution 2379 on Da’esh Accountability

Subject: Recommendations for the Terms of Reference and Implementation of UN Security Council Resolution 2379 on Da’esh Accountability

Your Excellency,

We are writing to you to call on your leadership in ensuring successful implementation of UN Security Council Resolution 2379, initiating an Investigative Team for crimes committed by the so-called Islamic State in Iraq and the Levant (ISIL, hereinafter referred to as “Da’esh”).

Below, please find a list of recommendations which we hope will be reflected in the Terms of Reference for the Resolution, with the purpose of establishing a commitment to the highest standards of international law and guaranteeing inclusiveness and accountability, including through gender justice and a victim-centered approach.

The adoption of UN Security Council Resolution 2379 on September 21, 2017 marks an important milestone in the enormous task of holding members of Da’esh accountable for their commission of war crimes, crimes against humanity, and genocide. In this respect, we particularly emphasize the need to investigate and prosecute all forms of sexual and gender-based violence which can constitute acts of genocide as well.

We hope the Investigative Team will lay the groundwork for an inclusive and comprehensive justice process for all those affected by the conflict and atrocities committed.

We thank you for your consideration.

Sincerely,

Global Justice Center Eyzidi Organization for Documentation
Iraqi Al-Amal Association   Iraqi Women Network
Madre Yazda

Read Full Letter in English

Read Full Letter in Arabic

UN Security Council Adopts Resolution - One Step Towards Justice for the Yazidi Genocide

FOR IMMEDIATE RELEASE - September 21, 2017

[NEW YORK, NY] – Today, the UN Security Council unanimously adopted UNSC Resolution 2379 (2017) on Daesh accountability, paving the way for an investigative team to collect evidence of war crimes, crimes against humanity and genocide in Iraq. Since 2014, Daesh has been perpetrating a genocidal campaign against the Yazidi and potentially other ethnic minorities in Northern Iraq but yet to date no perpetrator has been held accountable for genocide.

GJC’s statement on the situation in Rakhine State, Myanmar

FOR IMMEDIATE RELEASE - September 9, 2017

[NEW YORK, NY] - In light of ongoing violence in Rakhine State, the Global Justice Center issues the following statement: 

The Global Justice Center calls for the immediate cessation of all acts of violence and the protection of civilian populations in Rakhine State. The Myanmar government must swiftly investigate credible reports of horrific crimes and human rights abuses against civilians in Rakhine State, including acts by its own military and security forces, and provide meaningful punishment, redress and reparations for violations. The government must allow investigators access to Rakhine State and cooperate fully with international investigations, including the UN Fact-finding Mission authorized by the UN Human Rights Council in March 2017. Further, the government must ensure the safety of all civilians, including the Rohingya population, and facilitate humanitarian access and aid to affected communities. 

GJC’s Statement on Iraq Requesting International Assistance in Bringing Daesh to Justice

FOR IMMEDIATE RELEASE - August 16, 2017

[NEW YORK, NY] -  GJC welcomes Iraq’s letter to the UN requesting assistance in bringing Daesh to justice and thanks the United Kingdom for its efforts in negotiating a UN Security Council resolution. We reiterate our call that all investigations and prosecutions must ensure accountability for gender-based crimes, including those amounting to genocide, by all actors. We also express concern over reports of current Daesh prosecutions that focus solely on terrorism crimes, extrajudicial killings and torture of those thought to be Daesh-aligned and accordingly, call on the Iraqi Government to ensure due process in line with international human rights standards.

We also urge the Iraqi government to ensure that enabling legislation is adopted to incorporate genocide, war crimes and crimes against humanity into domestic law in order to ensure that prosecutions reflect the full criminality of the acts in question. The global community must hold the perpetrators of these horrific crimes accountable for their actions, and ensure victims and survivors receive their entitled reparations, including redress and reparations for sexual and gender-based violence. Finally, we call on all parties in Iraq and the Global Coalition against Daesh to ensure respect for international humanitarian law (IHL), including by ensuring access to comprehensive medical and psychosocial care for victims, and to take concrete steps to rescue all remaining Yazidi women and children held captive by Daesh.

For more information contact:

Stephanie Olszewski (New York), Global Justice Center, This email address is being protected from spambots. You need JavaScript enabled to view it. +1.212.725.6530 ext. 211
 

GJC Weekly News Roundup

Sunday, Burma rejected claims allegations of ethnic cleansing and crimes against humanity against Rohingya Muslims. Last year, in response to Rohingya militants killing nine border guards, the Burmese army allegedly burned down homes, raped village women and shot people on sight in an attack that caused approximately 75,000 to flee to Bangladesh. This prompted a United Nations probe, which is being blocked by Burma.

Monday, a United Nations aid chief warned that there are the early warning signs of genocide in the Central African Republic (CAR). CAR has hosted a war between Muslim and Christian armed groups since 2013, and over half a million people have been displaced. The violence has intensified recently after a period of relative calm, and the UN warns that the risk of ethnic cleansing is heightened.

Monday, New York has formed a New York State Council on Women and Girls. The Council aims to combat discrimination against women and girls by creating state laws on issues like protecting reproductive rights and pushing for equal pay. It was formed in response to the election of President Donald Trump, who is threatening to remove the White House Council on Women and Girls.

Monday, frustrated with the United Nations’ lack of action on holding war criminals accountable, a top former war crimes prosecutor quit the UN’s Independent Commission of Inquiry on Syria. “I give up. The states in the Security Council don’t want justice,” Carla Del Ponte said. This leaves two members of the Commission. Wednesday, the New York Times published an editorial about her resignation and the Commission’s inaction.