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.
Gender and Genocide
Janet Benshoof, GJC President, responds to an article in the NY Times, “Lack of Plan for ISIS Detainees Raises Human Rights Concerns” (front page, May 12).
Read Legal Director, Akila Radhakrishnan's, post on the International Coalition for the Responsibility to Protect's blog about gender and genocide.
Click here to read the full article.
Read Global Justice Center Legal Director Akila Radhakrishnan’s explanation of the gender components of genocide in the International Coalition for the Responsibility to Protect Blog.
“It’s not enough to just recognize that acts such as sexual violence, abductions, enslavement, forced abortion, and forced impregnation—acts which are disproportionately committed against women—of protected groups can constitute genocide. Rather, the commission of such acts needs to impel action for states and international actors to fulfill their obligations to prevent, suppress and punish genocide. "
Daesh is perpetrating genocide of the Yazidi, Christian, and other minorities as acknowledged by US Secretary of State John Kerry, the EU Parliament, Iraq, and others. The 1948 Genocide Convention was passed to protect distinct values central to humanity: the right of protected groups to their continued existence and the right of all people to live in a world enriched by diversity and marked by tolerance. Genocide is defined as acts to destroy national, ethnic, racial or religious groups, as distinct entities. The joint attacks against Daesh in August 2014 to “avert potential genocide” of the Yazidi saved lives but did not stop Daesh from continuing to perpetrate genocide.
The international legal framework designed to keep the world free from genocide is distinct from that of other international laws and protects distinct values. Strategies to counter terrorism including, to prosecute and deny “safe havens” for terrorists, without more, do not fulfill the nonderogable obligations of states and international entities to stop genocide.
The Genocide Convention’s effectiveness in deterring genocide depends on states fulfilling their obligationsto take “all possible measures” individually and collectively to prevent, suppress, and punish genocide. The failure of states and international organizations to address Daesh genocide crimes undermines the legitimacy of the Genocide Convention and the effectiveness of counter terrorism efforts.
Daesh Strategically and Intentionally Targets Yazidi Women and Girls for Heinous Crimes on Ideological Grounds
Daesh continues to commit heinous crimes against women and girls, and, to date, has done so with impunity. Victims and witnesses who have fled Daesh control consistently describe being subjected to attacks that aim to terrorize and silence the population. But even in the context of Daesh’s blanket persecutions against ethnic minorities, Daesh has singled out the Yazidi religious and ethnic minority, and most notability Yazidi women and children, for particularly brutal treatment.
Further, its state-building strategy requires subjugation of women and control over their reproductive capacity to guarantee future generations for the so-called Caliphate. These policies, strategies and practices lead to and provide a perceived justification for Daesh fighters’ carrying out the horrendous crimes against Yazidi women and girls detailed below.
Starting on April 7, 1994, upwards of around 800,000 Rwandans, predominantly Tutsis were massacred over the course of 100 days. Of those killed, an estimated 250,000–300,000 Tutsi women and girls were raped; many were even raped to death. The suffering of the women and girls who survived rape, enslavement, and sexual mutilation continues even today. The response of the international community, to this genocide was muted and politicized. In a deliberate attempt to avoid their international legal obligations, states refused to acknowledge the genocide until it was too late. This inaction failed the Tutsi people on an unimaginable scale.
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 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.
FOR IMMEDIATE RELEASE - February 5, 2016
[STRASBOURG, FRANCE] – In an historic resolution, the European Parliament yesterday recognized ISIS’ ongoing atrocities against religious minorities as genocide. The resolution is the first time the Parliament called on parties, including EU Member States, to fulfill their duties under the UN Genocide Convention during an ongoing conflict.
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.
Global Justice Center Urges International Criminal Court to Investigate ISIS’s Genocide against Yazidi Women and Girls
FOR IMMEDIATE RELEASE - December 22, 2015
[NEW YORK, NY] – ISIS systematically perpetrates crimes against religious and ethnic minorities in Iraq and Syria, including the Yazidi people. Yazidi men and elderly women are killed, boys are recruited and converted and young women and girls are repeatedly raped, bought and sold as sex slaves, forcibly converted, married, and impregnated. As many as 3,000 girls and women remain in captivity.
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.
Janet Benshoof, GJC President, responds to an article in the NY Times, “Enslaving Young Girls, the Islamic State Builds a Vast System of Rape” (“State of Terror” series, front page, Aug. 14)".
Two of GJC’s staff members, Akila and Sherrie, recently returned from a two week long fact-finding trip in Nigeria. GJC is currently working on two projects concerning Nigeria; namely, the August 12thcampaign and the Genocide campaign. This trip gave valuable insight into how to best address the needs of the people in GJC’s projects.
Akila and Sherrie traveled to Abuja, Yola, and Lagos where they met with many government officials, local non-profits, and international organizations. They had the opportunity to attend the Bring Back Our Girls vigil in Abuja, which has taken place every day since the abduction of the Chibok schoolgirls by Boko Haram in April 2014. They also visited Internally Displaced Persons (IDP) camps in Abuja and Yola, where they toured the camps and spoke with many people who were displaced to the conflict with Boko Haram.
Akila and Sherrie have brought back a wealth of knowledge to GJC. Their observations and the information gained from their meetings will be instrumental in strengthening GJC’s projects moving forward.
July 11th, 2015 marked the 20th anniversary of the fall of Srebrenica and the resultant genocide. In response to the anniversary of the massacre, The Economist published an article titled “Stop Genocide Early” which calls for early action by the international community in conflict situations.
On July 11th, 1995 Bosnian Serb commander Ratko Mladic overthrew UN Dutch peacekeepers’ “safe area” of Srebrenica. The worst violence to happen in Europe since World War II ensued. Mladic was able to carry out this violence with impunity due to a deadlock between the United States and NATO. This hesitancy to act resulted in roughly 8,000 deaths and gave birth to the UN’s “Responsibility to Protect” doctrine. This doctrine states that countries are morally obligated to prevent genocide that is taking place in other countries. It is immoral to sit idly by while people are being massacred. “This is the chief lesson of Srebrenica: governments should heed the early signs of mass slaughter and act swiftly to prevent it.”
In northeastern Nigeria, Boko Haram is forcibly transferring and abducting children with the intention of destroying the Christian community. The targeted abduction and forced religious conversion of the Chibok schoolgirls is genocide, and action must be taken to stop this violence.
On April 14, 2015 the Global Justice Center sent a letter to the International Criminal Court prosecutor urging her to charge Boko Haram with genocide in her investigation of their crimes. Formally declaring Boko Haram’s actions as genocide will send other countries the important message that they have a moral, humanitarian obligation to put an end to the brutality.
The international community must learn from the mistakes made at Srebrenica 20 years ago by recognizing the forced abductions and violence perpetrated by Boko Haram as genocide. The world must act swiftly in providing aid to the victims and must work together to stop Boko Haram.
Read the full article here.
Read about GJC’s Genocide project here.
Today marks exactly one year since ISIS declared a caliphate in Iraq and Syria. An NBC News article by Cassandra Vinograd and Ammar Cheikh Omar published this morning discusses the strength that ISIS has amassed during the past year. ISIS has maintained control and been strengthened by territorial expansion and the far-reaching influence of its ideology. Affiliates of ISIS have even sprung up around the world, for example in Nigeria, where Boko Haram has pledged its allegiance to ISIS. It is even speculated that Boko Haram will soon declare a caliphate of its own.
There have been many attempts to curb ISIS’s power over the past year. However, the Iraqi military is not effective at fighting ISIS, and even though the United States has tried to weaken ISIS with airstrikes since last August, ISIS does not seem to be faltering. There are also hundreds of rebel groups that are currently fighting ISIS under the FSA, but they are not well organized and are lacking in resources, ammunition, and arms. Conversely, ISIS is extremely coordinated and well-resourced. In fact, “more people than ever are perpetrating violence in the group’s name.” The propaganda issued by ISIS is “infectious” and is successful at attracting fighters. So far the coalition forces have not been able to stop this trend, or ISIS itself.
According to Human Rights Watch’s April 15, 2015 publication “Iraq: ISIS Escapees Describe Systemic Rape,” ISIS has been committing war crimes against women and girls by systemically raping them, assaulting them, and subjecting them to sexual slavery. These women and girls are regarded as property and are forced to endure intense torture. The exact number of captive Yazidis is unknown due to the fact that the conflict is ongoing and many Yazidis have had to flee. According to the Office of the United Nations High Commissioner for Human Rights, roughly 3,000 Yazidis are still in captivity while other sources, such as local officials and community activists, believe that the numbers are much higher.
While it is important for the international community to be working towards the long term goal of weakening ISIS, there are steps that can be taken immediately to help the woman and girls who suffer daily under their reign of terror. For example, Yazidi women and girls are being systematically raped by ISIS and are being forced to carry the child of their rapist due to an antiquated US policy. It is crucial that President Obama overturn the 1973 Helms Amendment, which prevents any US aid from funding imperative, safe abortions to these women and girls who are in desperate need of relief. The international community should also be working to end impunity for the perpetrators of sexual violence. For example, it is vital that the International Criminal Court recognize the gendered abductions of these Yazidi women and girls as genocide. Recognizing this as genocide will cause an immediate duty to act among states and send a clear message to the perpetrators of this sexual violence that it will not be tolerated. The women and girls living in Iraq and Syria cannot wait another day, and the US and international community cannot wait another year to take actions on their behalf.
On June 11, 2015 Angelina Jolie, a special envoy of the U.N. High Commissioner for Refugees, gave an address at the African Union Summit in Johannesburg. Jolie highlighted the sexual violence that women and girls in conflict zones are subject to due to “the near-total impunity that exists worldwide for crimes against women, in conflict zones in particular.”
Impunity for the use of sexual violence is one GJC has been confronting head on. On April 15, 2015, one year after the Chibok schoolgirls were kidnapped, GJC sent a letter to the International Criminal Court urging the prosecutor to consider charging Boko Haram with genocide. Properly characterizing these targeted abductions as genocide will hold states accountable and encourage them to take action. As stated by GJC President Janet Benshoof in an op-ed in PassBlue,“It will make clear Nigeria’s own obligations to stop this conduct and to prosecute it vigorously; it will send a message to other perpetrators, including those currently targeting Yazidi women and girls in Syria and Iraq, that genocide will not be tolerated; it will fulfill the prosecutor’s own commitment to fully prosecute crimes aimed at women and girls and to integrate a gender perspective into every stage of its work; and finally, it will trigger the international community’s responsibility to protect the Nigerian population.”
As more and more wars are being fought using women’s bodies, it is important that the laws of war apply to and protect women as well as men. When the laws of war were initially drafted, rape was not recognized as a weapon; however, it is now identified as a tactic to win military objectives. Global Justice Center’s “Rape as a Weapon of War” campaign recognizes the discrimination and suffering that women and girls face in conflict zones. GJC urges governments and international organizations to hold states where rape is being used as a weapon accountable for their actions.
As Jolie stated, “We need policies for long-term security that are designed by women, focused on women, executed by women.” With these policies, gender equality is achievable and we can see an end to impunity for sexual violence.
OCTOBER 13, 2011: The New York Times Opinion Pages publishes a letter by Janet Benshoof, founder and president of the GJC.
This document also includes two other Opinion Pieces published in the New York Times; one by Myra Dahgaypaw, campaign coordinator for U.S. Campaign for Burma, and one by Op-Ed Contributor Thant Myint-U titled "In Myanmar, Seize the Moment". This last Op-Ed called for President Obama to voice support for the changes happening in Burma under President Thein Sein. The other two Op-Ed pieces are in response to Mr. Thant Myint-U's piece, and Janet Benshoof calls instead for the global community to refuse to recognize the new constitution.
All of these Op-Ed pieces address the situation in Burma, and what the international response to it should look like.
Today, during the Universal Periodic Review of United States, several member states of the UN Human Rights Council made statements condemning the anti-abortion restrictions that the US places on foreign aid, such as the Helms Amendment.
The UN Human Rights Council is responsible for monitoring the human rights records of the member states; every four years each country is reviewed and presented with recommendations on how to comply with their human rights duties.
The effects of Helms are can be seen in conflict zones around the world, most recently with the rescue of 214 pregnant Nigerian women from Boko Haram. The issue of comprehensive medical care has gained traction in recent months. As a result, today the Netherlands, United Kingdom, Norway, Belgium and France orally recommended that the United States work to ensure access to safe abortions around the world and limit the negative impact of the Helms Amendment.
War rape is an illegal tactic of war, constituting torture or genocide, and denial of medical care allows the perpetuation of those crimes. The constraints of the Helms Amendment deny women and children access to safe abortions, and restrict aid agencies from even providing information about abortion services.
In September 2014, the Global Justice Center submitted a report to the UPR, highlighting the ways in which constraints against women’s reproductive rights are incompatible with the Convention against Torture and the International Covenant on Civil and Political Rights. In April 2015, GJC traveled throughout Europe advocating for countries to use the UPR process to question the current anti-abortion restrictions the US imposes.
In addition to the five oral questions, written recommendations were also submitted, requiring a response and justification, should the United States continue to uphold the Helms Amendment. The US government has three months to formulate a response. It is clear that the Obama Administration has a responsibility and urgent duty to remedy these violations.
Click here to read more.