The conversation about the importance of providing abortion services to victims of rape in armed conflicts would be incomplete without looking at the impact on children born to rape victims. The international community has already recognized forced pregnancy as a crime under the Rome Statute of the International Criminal Court (ICC) but it has a limited application since it requires all three elements of the crime to be satisfied. Article 7, paragraph 2 (f) requires–(1) unlawful confinement of a woman (2) forcibly made pregnant (3) with the intent of carrying out other grave violations of the international law. It is unclear what exactly falls under other grave violations of international law and means that women who were forcibly made pregnant but escaped or forcibly made pregnant without the requisite intent are not protected under the Statute.
As a result of rape or forced impregnation, these unwanted children whose mothers were forced to carry them to term due to lack of abortion services are often subject to stigma, discrimination, abandonment, abuse, neglect, and even infanticide, especially in cases of boys who are seen as potential enemy combatants. These children are commonly rejected not only by their mothers who seek to avoid shame but also by the entire community- they are seen as illegitimate, “enemy” children and may be denied citizenship rights, effectively rendering them stateless. In Rwanda, children born out of rape are often referred to as “children of hate” or “children of bad memories.”Lacking necessary support from their mothers and communities, rape children are caught up in a vicious cycle and end up getting exploited, becoming child soldiers or turning to prostitution and crime. They are more likely to suffer psychological and physical trauma as a result of unsuccessful abortion attempts by their mothers or nonexistent neonatal care, and are at a higher risk to contract HIV. They also often have attachment and trust issues even later in life and are unable to maintain familial relationships. Even children who are kept by their mothers are often raised in extreme poverty resulting from societal stigma that prevents rape victims from finding a job given lack family support or alternative childcare options.
Currently there are no specific initiatives by the international community that would protect and provide assistance to rape babies. The ICRC, WHO, and UNFPA merely issued recommendations recognizing the need to combat stigma associated with rape children. Readily available access to safe abortion services could provide an immediate solution for rape victims who are now forced to carry to term an unwanted pregnancy and later abandon or even murder their unwanted children.