Rape as a Weapon of War

Five Countries Directly Challenge US Abortion Restrictions at Universal Periodic Review

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. 

For Rescued Girls in Nigeria, it is More Urgent Than Ever for Obama to Overturn the Helms Amendment

The Nigerian military has continued to advance, recovering many of the women and girls captured by Boko Haram. It is thought that Boko Haram originally kidnapped over 2,000 women and girls. This week, the military is said to have rescued several hundred, most recently 234 from the Sambisa forest. There are reports that the military has secured all of the Boko Haram strongholds, though it must be noted that the media has often exaggerated their successes. It is unclear whether the Chibok girls are among the rescued women. Grievously, it is thought that the school girls may have already been killed.

Hundreds of women and girls have been forcibly impregnated by Boko Haram. Unofficially, 214 of the recently rescued girls have been reported pregnant after facing horrific circumstances of sexual slavery and violence. Organizations like the UNFPA are working as best they can to provide for the women, with a spokesperson saying, “We look after them and ensure they get antenatal care and that they deliver properly and that they even get cesarean section when necessary.”  While UNFPA are doing good work helping these pregnant women and girls, they are hamstrung, by a decades old US policy, from providing the full range of medical services these women and girls require.

Women and girls who are raped in areas of conflict suffer from extensive physical and psychological injuries, making pregnancy and delivery dangerous. Several studies have found that pregnancy from rape in wartime compounds the physical, psychological and socials consequences of the survivors. While experts have acknowledged that pregnancy from rape can exacerbate the consequences of the rape, little has been done to actually address and resolve this problem. The vast majority of women who become pregnant from rape in conflict lack access to safe abortion services. These women could resort to non-sterile or non-medical methods, which can lead to scarring, infection, sterilization, or death.

The Geneva Conventions guarantees that war victims receive all the medical care required by their condition, for women and girls raped in armed conflict, that medical care includes the option of abortion.  In 1973, Senator Jesse Helms passed the Helms Amendment, which bans the sending of any US foreign aid money to any organization that performs or even discusses abortion services.  Four decades later, this misguided amendment is still in place and having very real consequences for the aid organizations providing services to the brave women and girls rescued in Nigeria.

GJC president Janet Benshoof says, “war rape victims are honorable heroines and victims of war crimes and they should be protected, honored, and respected.” For women and girls kidnapped and forcibly impregnated by terrorist groups, it is now more urgent than ever for President Obama to overturn the Helms Amendment, so that these survivors can have access to the full medical care they desperately need.

Boko Haram Update

The Nigerian military has made further strides in recovering the women and girls who were abducted and held captive by terrorist group Boko Haram. In total, the military has rescued nearly 700 victims of Boko Haram, many of whom have suffered inconceivable abuses at the hands of their captors. It has not been confirmed whether the famous Chibok school girls are among those rescued. In the most recent mission, the military successfully rescued 234 women. Tragically, many were killed in the rescue attempt, as Boko Haram attacked the women when it became apparent that they would be overwhelmed.

Of those rescued in this most recent advance, it is estimated that 214 girls have been impregnated by their captors, confirming the reports of forced pregnancy and marriage. On a more positive note, it appears that the survivors are reintegrating into their societies and villages. The highly unfair stigma of being a rape victim is lessening somewhat, hopefully allowing the women the psychological support they need to heal.

The survivors are receiving physical care—many have suffered injuries or are malnourished after a diet of corn meal, once a day—but the UNFPA is unable to provide complete and necessary medical services, as they are restricted from offering abortions, or even in fact providing any information on the subject. This restriction is due to the US abortion ban, the Helms Amendment, which is placed on all US foreign aid. Abortions are often lifesaving, as many of the rape victims are too young or malnourished to bare children. With the rescue of the Nigerian schoolgirls, the time is more urgent than ever for President Obama to issue an Executive Order overturning the Helms Amendment and the abortion restrictions placed upon organizations like the UNFPA.

Nigeria Recovers Abductees, Chibok Girls Remain in Captivity

On Tuesday the Nigerian Army declared its success in rescuing almost 300 girls and women from terrorist organization Boko Haram. Many false reports have been leaked previously, as is expected given the extensive coverage of the large-scale abduction of the Chibok girls over a year ago. However this report has been confirmed several times. The famous Chibok school girls are not among the recovered, but Nigeria has made great strides against Boko Haram in recent weeks. It is thought that these newly rescued girls had been kidnapped during some of Boko Haram’s smaller, less publicized attacks and abductions.

The recovery of these girls is indeed good news but Boko Haram still requires immediate attention and condemnation from the international community. During the mission to recover the girls, dozens of corpses were found in a nearby river. The actions of Boko Haram certainly constitute genocide—their ethnically and religiously killing as well as their systematic violence against women—and it is time for those actions to be treated as such. GJC advocates for continued vigilance in seeking the abducted girls and has called upon the ICC to investigate and prosecute Boko Haram in this way, ending impunity for a group that has faced few consequences and deterring other groups who practice similar illegal tactics.

Click here to read the full article. 

 

Pursuing Sexual Violence: UN Condemns Acts of Boko Haram

During activities for International Women’s Day of 2015 issues of escalating sexual violence were highlighted on a global scale and UN Secretary General explicitly called for action against groups such as Boko Haram and ISIS, who employ rape as a weapon of war. A report was released Monday in which the UN reiterated concern about the pervasive sexual violence in areas such as Iraq, Syria, Nigeria, and Yemen.

Rape and other forms of sexual violence, such as forced pregnancy and marriage, are being condemned as a method of terrorism, employed by extremist groups in 19 different countries. The UN report criticizes 45 different groups for their use of sexual violence and particularly decries Boko Haram for their continued abuses.

The New York Times says, “In Sudan’s western Darfur region, it said the number of displaced civilians has increased over the past year and so have reports of sexual violence. And in South Sudan, it said sexual violence remains prevalent — including gang rape, castration, forced nudity and forced abortion — which is ‘exacerbated by impunity and a militarized society in which gender inequality is pronounced.’” However, Congo has made some encouraging progress, prosecuting officials for sexual violence and offering reparations to survivors.

In terms of Boko Haram’s violence, the report states, “Forced marriage, enslavement and the ‘sale’ of kidnapped women and girls are central to Boko Haram’s modus operandi and ideology. Abducted girls who refuse marriage or sexual contact within marriage have faced violence and death threats.”

The Global Justice Center has made recent efforts on behalf of the Chibok school girls, on the anniversary of their kidnapping,  GJC posted a letter to the Chief Prosecutor of the ICC, urging action be taken against Boko Haram. GJC asked that the Chief Prosecutor investigate the kidnappings as an act of genocide, so as to spur immediate action and forestall the inevitably increase in similar attacks. Speaking about Boko Haram, General Ban Ki-moon said that actions such as these were, “an essential part of the fight against conflict-related sexual violence.”

GJC Meets with European Women's Lobby in Brussels

EWL met with Global Justice Center in Brussels to discuss access to full medical care for female war rape victims.

The European Women’s Lobby (EWL) is the largest umbrella organisation of women’s associations in the European Union (EU), working to promote women’s rights and equality between women and men.

Click here to read their article about the meeting. 

The Cruelest Weapon

Akila Radhakrishnan and Kristina Kallas publish an article in Ms. Magazine, titled "The Cruelest Weapon" on how the US denies abortions to women raped in war.

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Global Policy, "The Other Red Line: The Use of Rape as an Unlawful Tactic of Warfare"

The Security Council has found that the endemic use of rape in war for military advantage – which is primarily targeted against women and girls – is a military tactic that presents a threat to global peace and security. Despite concerted global efforts over the last two decades to end its use, rape as a tool of war continues undeterred. This article links the intransigent use of strategic rape with states’ failure to treat it as an unlawful tactic of war under the rules of international humanitarian law (IHL) that regulate the 'means and methods of war’. Embedding strategic rape under IHL’s weapons framework will increase its stigmatization, a critical factor in stopping the use of abhorrent weapons or tactics in war. Other potential benefits include the opening up of civil and criminal accountability frameworks and others which provide restitution and reparations for war rape victims. This article focuses on the role of all states in enforcing the weapons framework and it calls for states to undertake an impact and injuries assessment of strategic rape under the Article 36 weapons review process.

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A Tragic Anniversary: Boko Haram’s Abduction of the Chibok School Girls

Today marks the anniversary of one of the most infamous acts of violence against women and children within the past decade. Last year, the extremist Islamic group, Boko Haram, attacked the village of Chibok and abducted over two hundred school girls. Despite the popularity of the Bring Back Our Girls campaign, the girls remain in captivity, suffering daily brutalities at the hands of their captors. It has become clear that the perpetrators of the kidnapping have specifically targeted Christian women and girls in an act of genocide.

Today, the Global Justice Center has submitted an Op-Ed to the Huffington Post about the Boko Haram abductions and posted a letter and brief to Chief Prosecutor, Fatou Bensouda, of the ICC. It is imperative that the Nigerian school girls are not be abandoned by the international community. To put in perspective the efforts necessary for ending impunity and rescuing these girls, first consider the action taken to assist these women, and then compare with that which was taken after the downing of the Malaysia aircraft.

After the downing of the plane, multiple countries committed substantial resources and funds to the cause, even after the confirmed deaths of the passengers. This in no way lessens the tragedy of the downed plane, but the girls abducted by Boko Haram remain alive, suffering in captivity. What’s more is that the failure to act in response to the Boko Haram attack has led to a documented increase of abductions, as the initial attempt was so successful.  Nigeria has failed to respond adequately to the situation and so responsibility falls to the international community and entities such as the United Nations and the ICC.

The Boko Haram attacks and abductions follow a long history of violence against women as a form of genocide, such as the atrocities of Rwanda and Armenia. It is thought that the abductees are being subjected to forced marriage, pregnancy, and conversion, in order to stamp out Christian beliefs. Rape is a highly effective, systematic method of genocide and therefore it must be appropriately addressed. GJC advocates the Boko Haram crimes be prosecuted, not only to bring justice for the survivors in Nigeria, but also as an example to other groups, such as ISIS, who also employ rape and abduction as a method of genocide.  

Finally, Janet Benshoof of GJC asserts, “We live in a world where government agents can intercept electronic communications, and drones can find and target virtually anyone, anywhere, any time. Surely we have the means to find over two hundred girls in a forest. Unquestionably, we have the moral and legal obligation to try.”

Sexual Violence, Focal Point of Beijing20

Countries around the world have been coming under scrutiny, as it becomes apparent that even with some improvements in women’s rights, violence against women remains alarmingly prevalent. News stories have been inundated with multiple incidents of sexual violence in India, Iraq, Sudan, and the United States. While each country has its own unique narrative in terms of violence towards women; globally, more than one in three women will suffer physical violence and one in ten girls under 18 will be raped. Regardless of individual political or cultural circumstances, the protection and empowerment of women is a global issue.

This week marks the 20th anniversary of the landmark conference on women in Beijing, and the UN is set to review the successes and failures of women’s rights in the past 20 years. In terms of successes; pre-school age children are now composed of equal numbers of boys and girls, twice as many women operate in legislative bodies than did 20 years ago, and maternal mortality has been halved, (though it must be noted that number would be significantly improved if abortions were provided to women in armed conflict.)

Despite these successes, sexual violence remains an unchanging and constant threat to women and girls. Some countries have yet to outlaw marital rape, and even countries with explicit, binding laws against sexual violence usually outright fail to implement them. If moral incentives are not enough, violence against women and children costs 4 trillion dollars yearly on a global scale. Sexual violence remains largely unpunished and is regularly used as an effective military tool in armed conflicts. It is the responsibility of international bodies such as the UN to change such realities. Furthermore, as it has been noted, it is important the people and media continue to speak about these issues and spread awareness, so that the next 20 years we can look back and see a marked improvement on the lives of women and girls.

Involvement of Adolescent Girls in Overturning the Effects of Conflict

Melanne Verveer and Sarah Degnan Kambou, Executive Director of Georgetown Institute for Women, Peace, and Security and President of the International Center for Research on Women, respectively, recently collaborated to write an article for the Huffington Post. The article details the ways in which adolescent girls are abused within conflict. The piece was unique in that it also offered a rather optimistic view of solutions to the numerous issues facing young women in conflict.

In a world where families, homes, and entire cities are destroyed, young women are often regarded as victims rather than instruments of change. The Global Justice Center promotes the message of Power not Pity and Verveer and Kambou champion a similar goal for girls in places like the Democratic Republic of Congo, Nigeria, and Jordan who survive despite suffering violence and sexual abuse. They also explicitly call upon the international community to assist in making services such as medical treatment and education widely available, saying, “Above all, the global community must help societies marred by conflict and crisis to build up the community’s resilience to resist the further spread or a resurgence of a conflict.”

Verveer and Kambou outline several concepts that would lead to the improvement of the situation for girls in conflict. First, more information must be made available, and furthermore, than information must be accurate and unbiased. Secondly, with that information, the media must present a thorough and responsible view of the situation surrounding the conflict, rather than providing a brief, sensationalist narrative such as the Bring Back Our Girls campaign.  Third, civil society groups, often heavily involved in the aftermath of a conflict, can provide critical evidence and an unparalleled understanding of the situation. Fourth, the international community must work to end impunity for those who perpetrate war crimes like mass rape and forced pregnancy, finally, the girls themselves must be allowed to direct their own lives. As said by Verveer and Kambou, “Let’s not move forward without the active involvement of girls themselves, who, through lived experience, are deeply familiar with difficult and dangerous times, and are knowledgeable about practical solutions that will meet immediate needs and prepare girls for the day when crisis abates and communities rebuild.”

Sexual Violence and Tragedy in Liberia

In a recent article about her home country of Liberia, Kim Thuy Seelinger, Director of the Sexual Violence Program of the Human Rights Center at the Berkeley School of Law, condemned the rape and resulting death of a Liberian child, saying, “the rape that left a 12-year old girl bleeding to death in a pickup truck must be investigated and prosecuted to the fullest extent of Liberian law.” Her attacker was a former solider in the previous civil war and was inebriated when he assaulted her. It is thought  that the man perpetrated similar crimes in combat, employing rape as a genocidal weapon.

The attack of this young girl was equally as atrocious, though perhaps what is most alarming the systemic failures of the state in providing aid, as she was denied medical care by several facilities and her family was apprehended by the police when traveling to a more remote hospital.  Due to her profuse bleeding, it was thought that she had Ebola, and while her family explained the circumstances to officials, little was done to assist her. She died while her family was detained at a police check point.

The President of Liberia, Ellen Johnson Sirleaf, has ordered a full investigation into the failures that allowed such an event to transpire, though Seelinger notes that the event is indicative of larger governmental issues, and cannot be considered as an individual case. For example, it has been alleged that several political figures, who still retain power in the government, were responsible for the mass rapes during the civil war. The ICC has little jurisdiction in prosecuting such criminals, as the violence occurred during domestic conflict.

However, there is hope for women and girls, as Sirleaf, the first female president to be elected in Africa, has shown commitment to the issue of sexual violence. She has instituted several programs to help survivors, though the institutions she seeks to improve—such as the health care system and the police force—are inherently flawed and her policies can fail, as they did for this young girl.

Seelinger advocates that attention be paid to the survivors of rape, an assertion which echoes the position of the Global Justice Center. Seelinger says, “Survivors have never received sufficient care or seen reparations. Perpetrators have never been punished or rehabilitated. Several nurses and community leaders we interviewed noted that sexual violence survivors hold onto their suffering, and perpetrators often struggle with substance abuse, continuing to hurt those more destitute or powerless.” GJC’s “Rape as Weapon of War” campaign is dedicated to ending impunity in states that allow and employ sexual violence for political ends. Soldiers must be held accountable and punished for using rape as a weapon during times of war. The injury and death of the young girl in Liberia is a sobering example of what happens when they are not.

Rape as a Weapon of ISIS

ISIS is waging a war against women in the Middle East. The organization regularly employs rape as a war tactic and captures girls to sell as sex slaves. This month in the Guardian, women’s rights advocate Yifat Susskind, told the story of a young Iraqi girl, who remains nameless, and the horrors she faced in the hands of ISIS. The girl was taken captive and traded between more than a dozen ISIS men, each one of whom raped her. She was lucky enough to escape to a refugee camp and receive the help of women’s rights activists, whose presence is slowly becoming more prevalent within the war-torn region.

Organizations such as the Global Justice Center seek to end war rape through ending impunity and seeking legal reparations; Yifat Susskind offers a different, or rather simultaneous solution in ending the power of rape in war, at least within the circumstances surrounding ISIS attacks and abductions. Susskind cites stigma as the most undermining and devastating consequence of rape—and therefore the most desirable to ISIS. Susskind says, “Survivors are ostracised, even blamed for the attacks. Families fear being tarnished by the stigma and banish wives, mothers and daughters. In the worst cases, people adhere to distorted notions of “honour” and kill rape survivors. In short, rape tears at the fabric that binds families and communities.”

But those perceptions are beginning to change—unfortunately this change is incentivized by ISIS’ massive and indiscriminate violence towards women—and women are slowly receiving acceptance and care within their communities. This ideological shift is incredibly important to the larger perception of women under the rule of ISIS. Quoting an Iraqi women’s rights activist, Susskind said, “We want the survivor’s community to see her not as a ruined, raped girl, but as a prisoner of war who was strong enough to survive weeks of torture and brave enough to escape.”

While decreasing stigma is a huge step forward in aiding survivors of war rape, a larger deterrent would be holding the perpetrators accountable for their crimes. Rape is being used more than any other prohibited weapon of war including starvation; attacks on cultural objects; and the use of herbicides, biological or chemical weapons, dum-dum bullets, white phosphorus or blinding lasers. It is time to punish those that use rape as an unlawful weapon in armed conflict.

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.

“If they had hope, they would speak”

Burma Army soldiers continue to engage in acts of sexual violence on a widespread scale, and women and human rights defenders in ethnic communities face harassment and persecution, tells a new report “If they had hope, they would speak” released by the Women’s League of Burma (WLB). It reveals ongoing sexual violence by government forces against ethnic women in Burma, and presents troubling evidence of intimidation of those seeking justice for these crimes, by highlighting 118 incidences of gang-rape, rape, and attempted sexual assault that have been documented in Burma since 2010, in both ceasefire and non-ceasefire areas. These cases demonstrate the ongoing de facto impunity for human rights abuses enjoyed by Burma military personnel.

© WLB

WLB’s report expresses strong concerns on developments contributing to a culture of impunity, such as increased military presence in ethnic areas, intimidation of civil society organizations and the continued absence of women in peace negotiations. Despite the Burmese government’s public commitment to advance the status of women – including by developing the National Strategic Plan for the Advancement of Women (NSPAW) and issuing the Declaration of Commitment to End Sexual Violence in Conflict – few steps have been taken to improve the lives of women in ethnic communities. The absence of concrete and time-bound plans of action has meant that amidst Burma’s ‘transition’, the country’s women continue to be denied their basic human rights.

“The military is sending a clear message that it is willing to use violence and coercion against those brave enough to speak out about human rights abuses”, said Tin Tin Nyo, General Secretary of the WLB. “The Burma Army must be brought under civilian control, and there must be a negotiated settlement to the civil war that will grant ethnic peoples equality under a genuine federal system of government. If these actions are not taken, state-sponsored sexual violence against women of ethnic communities will not stop.”

Over the Line: Sudanese Denial of Collective Rape, and ISIS Pamphlet

Fighting against use of rape as a weapon of war is extremely difficult even when there are clear evidences proving the crimes. The task becomes more difficult when evidence is hidden and the investigation on behalf of the UN is rejected.

In Sudan a joint African Union and United Nations peacekeeping mission knows as UNAMID was twice denied permission from Sudanese authorities to investigate rape. “The Sudanese military is deliberately making it hard for its peacekeepers to investigate the claims.”  After Radio Dabanga reported a collective rape of “more than 200 women and girls“, the UNAMID had no access needed for a proper investigation of the situation.  The authorities threaten the local population to avoid publicity of rape crimes.  “None of those interviewed confirmed that any incident of rape took place in Tabit on the day of that media report,” says the official UNAMID report.

However, the leaked internal report shows the investigators concerns that the Sudanese military was preventing witnesses from coming forward. This only proves the failure of Sudanese authorities to treat the conduct of war as a war crime and protect women and girls from becoming rape victims. Sudan has even asked the UN to close its human rights office in Khartoum.

While Sudanese authorities refuse to follow international law in regard to rape, we see ISIS releasing a list of rules on treating females slaves, women and children once they captured by Jihadi warriors. That is how ISIS chooses to respond to the international uproar caused by ISIS kidnapping Yazidi girls and women and turning them into sex slaves. The published pamphlet reveals the horrifying truth of the way ISIS treat their female hostages: not only they see the illegal sexual intercourse with non-Muslim slaves, including young girls, to be a right thing to do, but they also allow to beat them and trade them in.

Rape is a prohibited weapon under the criteria set by the laws of war. It is illegal and inhuman. GJC urges the international community to give a strong response to these outrageous crimes conducted on behalf of Sudanese military, ISIS, and other authorities in war zones and prosecute those that use rape as a tactic of war. The time has come to go beyond the recognition that rape is being used as an illegal weapon/tactic of war – it’s time to start treating it like one.

The African Union’s Commission and Ending Impunity for Sexual Violence in South Sudan

Rwanda, Sierra Leone, Somalia, Bosnia, and now South Sudan, each possess a history wrought with sexual violence. On January 22nd, The Huffington Post published a piece by Navabethum Pillay, United Nations High Commissioner for Human Rights. After a recent trip to South Sudan, she offered her analysis of the human rights violations and was particularly explicit in noting the sexual violence perpetrated against women and girls, likening the situation to the atrocities in Rwanda during the late 1990s. Zainab Bangura, the UN’s envoy for sexual violence in conflict, described the violence as the worst she had seen in her 30 year career. In current conflict in South Sudan, women are being targeted based on their ethnicity or political ties and children have been raped and killed. Further, it is certain that sexual violence will escalate as long as the crimes remain unprosecuted.

    Pillay cites the African Union’s Commission of inquiry as a means to forestall that escalation and demand accountability. The Commission’s final report is of particular significance, as it is said to detail innumerable human rights violations and possibly includes a list of individuals recommended for trial. It is hoped that the report–and ensuing prosecutions–will act as a deterrent to those committing rape crimes and ultimately assist in a peaceful resolution. Encouragingly, the Commission will present their report at the African Union Summit and advocate for the prosecution of guilty parties. Near the end of her piece, Pillay reiterates the importance of governmental involvement in ending impunity. If the government should oppose the prosecution of the perpetrators or prove incapable of providing a stable justice system, Pillay calls upon the international community for additional assistance in supporting the women who have been assaulted.

    Of the assaults themselves, Pillay delineates rape as a weapon, a barbaric war tactic used to systematically devastate a group of people. The Global Justice Center has been explicit in condemning rape as an illegal method of warfare, though as of yet, places like South Sudan have failed to prosecute as such. Rape violates the parameters of legal warfare that state war tactics must not “cause superfluous injury, unnecessary suffering, or violate ‘principles of humanity and the dictates of public conscience,’” yet it is employed more often than other prohibited tactics of war, such as biological weapons and starvation (GJC). Globally, not one state has faced prosecution for the use of sexual violence as weapon. The African Union’s Commission seeks to discipline the individuals responsible for the violence in South Sudan and GJC pursues a parallel global endeavor, demanding the confirmation of rape as a prohibited weapon and the prosecution of the states which continue to carry out sexual violence.

IHL & Abortion Mentioned During UN Security Council Open Debate

Today, at the UN Security Council Open Debate on Protection of Civilians in Armed Conflict, Ms. Illwad Elman, a Somali-Canadian social activist  who works at the Elman Peace and Human Rights Center in Mogadishu, used GJC language and mentioned both IHL & abortion in her statement, saying:

“Implementation of international humanitarian law (IHL) in a gender responsive manner is key to enhancing the protection of civilians. Women must have equal access to accountability mechanisms, reparations and non-discriminatory medical care, including safe abortion and post-abortion care for survivors of sexual and gender based violence.”

This is the first time abortion was referenced in connection with the important right to non-discriminatory medical care and IHL at the UN Security Council Open Debate on Protection of Civilians in Armed Conflict.

Click here to read the entire statement. 

Violence in Africa: Sexual Assault and Legal Reparations

In 2009, UN Secretary-General Ban Ki-Moon said that 29 countries used rape as a weapon of war. The states accused of using rape must be held responsible for employing intentional and systematic sexual assault to further a military objective, whether it be genocide, demoralization, impregnation, or HIV infection. A recent article, Africa: Sexual Violence in Conflict – What Use Is the Law?, distributed by allAfrica Global Media, illustrates the legal tools available to the survivors of the rape crimes and discusses the difficulties that have been encountered so far in attempts to prosecute rape as a war crime—difficulties such as the complex nature of the resources at the victims’ disposal. To access the available resources, survivors must possess a basic understanding of applicable laws—laws which are convoluted at best and unrecognized or invalid at worst.

For example, rape as a tactic of war is outlawed by the Geneva Conventions and Protocols. However, sexual violence is not specifically designated a ‘grave breach’ of convention, a distinction which, “obliges states to seek out and prosecute, under the principle of universal jurisdiction, anyone suspected of committing such acts, regardless of their nationality or of the country where the crime was committed.”

While rape is not explicitly delineated within the Geneva Conventions as a ‘grave breach’ in and of itself, it is easily definable as a violation of the law prohibiting “torture or inhumane treatment.” The case grows more complicated as the Geneva Conventions pertain to international disputes, rather than civil wars, where most of the crimes are taking place. Further, most ‘non-state actors’ do not act in accordance with the legal bindings applicable to the state and rebel groups are responsible for a large percentage of sexual violence during war.

However, prosecutors might look beyond humanitarian law and employ the definitions of the Rome Statute advocated by the International Criminal Court, which labels rape as a war crime. Further, there are proponents of “soft law” which is not legally binding but nonetheless a useful persuasive device in the courtroom. Margaret Purdasy, legal counselor at the UK Mission in Geneva, offers some hope to the prosecution, saying, “All the strands of law have their limitations and their setbacks, but they are not the same limitations; one helps to plug the gaps in the other.”

The Global Justice Center is at the forefront of this movement, demanding the recognition of rape as an unlawful crime. GJC states, “Rape is the most terrorizing and life-destroying unlawful weapon being used in armed conflict – yet not one rape-using state has ever been held accountable for the use of an unlawful weapon under the laws of war.”

The Global Justice Center espouses that rape be addressed as an unlawful weapon of war and offers a sampling of important results. Should the correct measures be taken, rape states will be held accountable for their action, accurate statistics of women raped in conflict will be created and made available, restitution will be gained by victims seeking legal retribution, and redress will be established for rape survivors who contracted HIV. Also, as stated in Africa: Sexual Violence in Conflict, the international community must also reach beyond legal services when providing aid and work to combat integral social attitudes, such as victim blaming. Further, survivors require emotional and medical resources, such as access to safe abortions, another issue championed by the GJC.

Malala’s Appeal and GJC Support of Education

A recent United Nations report asserted that as many as 70 nations allowed girls to be abused for seeking an education and that attacks upon educated girls are facing an alarming upsurge, with more than 3,600 separate events reported in a single year. In 2012, this particular strain of gender-based violence made its way into the mainstream news and the campaign for girls’ education was given a face and voice in the form of Malala Yousafzai.

Malala championed education rights for girls from a very young age and before she was even a teenager, she wrote a blog for the BBC, detailing her experience with the Taliban. From 2009 through 2012, she rose to prominence as an advocate for women and children, giving interviews and promoting education. In late 2012, she was shot by a gunman on her school bus. The assassination attempt was unsuccessful and sparked global outrage but the Taliban reiterated their threat to execute her and her father. Since the attack, Malala has continued her commitment to education for women and children, for which she won a Nobel Peace Prize in 2014.

Three days ago, on the 300 day anniversary of the abduction of 300 Nigerian girls, who remain in the custody of Boko Haram, Malala issued a call to action, saying, “I call on people everywhere to join me in demanding urgent action to free these heroic girls…These young women risked everything to get an education that most of us take for granted. I will not forget my sisters. We cannot forget them. We must demand their freedom until they are reunited with the families and back in school, getting the education they so desperately desire.”

If the kidnapped school girls are rescued, the largest impediment to their continued education is pregnancy. If these school girls become pregnant during their captivity, they will be forced to bear the child of their rapist due to a little known US policy called the Helms Amendment that puts an abortion ban on all US foreign aid. Many NGOs in conflict zones, as a result of this legislation, choose to follow the American requirement so that they can continue receiving American money.

Founder of GJC, Janet Benshoof, argued on behalf of the kidnapped girls in her appeal to President Obama on Human Rights Day. Benshoof urged the president to sign an executive order allowing for abortions in conflict zones, where mass, genocidal rapes have taken place. Abortions might forestall the inevitable deterioration of the women’s health, whether it be from pregnancy at to young an age, ostracization, or depression and eventual suicide. GJC supports the mission of the UN and Malala Yousafzai in espousing universal education, but before education can be made available, women and children must be safe in their bodies, and afforded the necessary medical care they deserve.