POLITICS & LAW: Rape as a weapon of war - International Law and Sexual Violence during conflicts.

Written by:

Eva Galleazzi Bruno

Student

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Introduction:

“Rape as a weapon of war” is not some tragic simple phrase that you may hear when you turn on your television; it is a reality, and to understand this abominable truth, we need not go far in time. In fact, the reason why we should all deeply care about this issue, is because as you read this, millions of women and girls are being abducted and abused all across the globe. In the next hour, fourty-eight women will be raped in the Democratic Republic of Congo. Since 2015, the UN has documented over a thousand cases of sexual abuse against women and children as a result of the ongoing conflict in Yemen, and this number is only to grow. In the ongoing conflict in Syria, the UN reports over 13,000 cases of sexual assault against women and girls from 2011 to 2020. Moreover, when looking at the history of rape as a weapon of war, we recognize that approximately 2,000,000 people were victims of this pressing issue during World War Two, up to 60,000 women were raped from 1991 to 2002 during the civil war in Sierra Leone, and 489,687 women were raped in Colombia from 2001 to 2009 (Wolfe). These are only a few statistics related to this matter, when compared to the immense amount of pain that is inflicted upon all of these women and girls worldwide. As the numbers indicate, rape as a weapon of war has been present since the beginning of times, and is a relevant issue in both past and current conflicts, though many of the victims remain silent in light of fear. In an attempt to combat this issue, the international community has become involved, by enforcing laws, and implementing treaties and conventions. Understanding the relationship between international law and sexual violence during conflict directly relates to content covered in this class, and is of ultimate importance, as the various actions and decisions made under international law, directly affect the way sexual violence and rape as a weapon of war, are viewed and handled in the international sphere.

How has sexual violence been used as a weapon of war?

In order to comprehend how sexual violence has been used as a weapon of war, we first need to understand its background and establish the meaning of sexual violence as a weapon of war. Sexual violence in armed conflict, often referred to as “war rape”, is a military and political tactic. In fact, it represents a strategy that is often decided in the same way that bombarding a village, exterminating a community or gassing a whole society are. Using rape as a weapon of war has become a widespread and systematic method in contemporary conflicts, as it represents a way to humiliate, destroy and seize power; and means to implement this tactic can involve several forms of sexual abuse, including but not limited to rape, forced prostitution, forced pregnancy, and sexual slavery. Moreover, even though rape as a weapon of war is often associated to women, it is important to note that is is not exclusively used against women, but also against men, children, and the LGBTQ+ community as it is the case in conflicts present in Lybia and Uganda. It is to say that perpetrators of this practice use it regardless of sex, gender, race, ethnicity, religious beliefs or even age (Bardet). Throughout history, sexual violence has been used as a way to destroy, intimidate, humiliate, terrorize communities, split up families, and in certain cases, alter the following generation's ethnic makeup. Sometimes it is also used to make women from the targeted population incapable of having children or to purposely infect them with HIV. On another note, even though its exact magnitude can be hard to quantify due to the massive fear suffered from victims, the United Nations reports that innumerable numbers of women and girls have been subjected to sexual violence in conflicts around the world (Hague).

Case Study: The Rwanda Genocide

The Rwanda Genocide represents an important example of rape used as a tool of war when looking at sexual violence in armed conflicts. The Genocide took place between April 7 and July 15, 1994, during the Rwandan Civil War. Throughout this 100-day period, armed Hutu militias slaughtered members of the Tutsi minority ethnic group and members of the populations of Hutu and Twa. The majority of academics estimate around 500,000 to 662,000 Tutsi fatalities (Wikipedia). During the Rwandan Genocide, sexual violence was frequently employed as a weapon of war, often against Tutsi women and girls. The mass rape of women was not only used as a way to terrorize and eradicate the Tutsi population, but also to spread HIV/AIDS, which was seen as a further way of destroying the population. Rape was committed on a massive scale, as women were often gang-raped and were victims of forced marriage and sexual slavery. Additionally, sexual violence was also used as a means of control and punishment in internment camps, where Tutsi women were held as prisoners (Dixon, 2009). It is important to note that the Rwandan Genocide marks a turning point in the evolution and history of sexual violence when related to international law. In fact, the United Nations Security Council implemented the International Criminal Tribunal for Rwanda (ICTR), on November of 1994, which was meant to "prosecute persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and neighbouring States, between 1 January 1994 and 31 December 1994" (“United nations international residual mechanism for criminal tribunals”). More specifically, the ICTR is the first international court to ever decide on cases concerning genocide and to interpret the crime's definition from the 1948 Geneva Convention. In fact, it was also the first international tribunal to define rape in terms of international criminal law and acknowledge it as a tactic of committing genocide, and classified rape as a war crime and a crime against humanity (Boost). Indeed, in relation to the Rwanda Genocide, it declared that rape and sexual assault were part of crimes of genocide especially as they were carried out with the intention of eradicating the Tutsi ethnic group entirely or even partially. Moreover, ever since it was established, the tribunal has brought charges against 93 people for breaches of international humanitarian law committed in Rwanda in 1994. Finally, the ICTR has been a landmark in the development of an effective international criminal justice system, establishing a significant body of case law on crimes against humanity, genocide, war crimes (“United nations international residual mechanism for criminal tribunals”).

How are sexual violence and international law related?

Sexual assault offenses can also be tried as crimes against humanity. In fact, rape is one of the most significant human rights crimes recognized by international law as a crime against humanity. This is because it is seen as a crime that compromises the dignity and safety of entire communities in addition to harming individual victims. Rape as a crime against humanity and as an international law crime has been entrenched in international law through several international legal instruments, including the Geneva Conventions, the Rome Statute of the International Criminal Court, the United Nations and the International Criminal Tribunal for the Former Yugoslavia (ICTY). Declaring rape as a crime against humanity and as an international crime is of great importance in international law and human rights because it recognizes the seriousness and widespread effects of sexual assault as a weapon of conflict and repression. It recognizes the harm and trauma inflicted upon the victims, and international law makes it quite clear that sexual assault will not be tolerated, and offenders will be held accountable; this may serve as a deterrent to those who may want to conduct similar actions in the future. It also holds perpetrators accountable as it allows prosecution of those in positions of authority, which leads to a greater sense of justice and accountability. Last but not least, by classifying rape as a crime against humanity, international law might encourage stronger protection and preventative measures for groups who are more susceptible, particularly in times of war or political unrest. However, the international community still faces important challenges when it comes to address rape as an international crime. In fact, sexual assault is frequently stigmatized, and as a result, victims may be unwilling to come out for fear of embarrassment or reprisals. Moreover, due to their lack of funding and resources, many groups striving to end sexual assault may find it difficult to serve victims effectively, and cultural alongside with societal perspectives on gender and sexuality can contribute to make it challenging to resolve sexual assault. Therefore, it is crucial to understand that raising awareness of rape as a global crime necessitates a multifaceted strategy that includes enhancing legal protections, lowering stigma and shame, increasing funding for organizations working to address the problem, advancing gender equality, and preventing future sexual violence through educational initiatives (“Rape: A Crime Against Humanity?”).

Role and responsibility of international law in addressing this issue:

International Humanitarian Law:

Sexual violence is directly linked to international humanitarian law. In fact, international humanitarian law establishes guidelines to control the conduct and mitigate the impacts of armed conflict (Basak 234-235). Therefore, international humanitarian law and sexual violence are directly interconnected, because sexual violence clearly violates fundamental human rights and harms the victim not just physically but also emotionally and psychologically (International Protection of Human Rights Class Lecture). The Universal Declaration of Human Rights alongside other important international human rights documents acknowledge the rights to life, liberty, and security and forbid the use of torture and other inhumane, humiliating and cruel practices in both treatment and punishment. It is obvious that sexual violence violates these essential human rights. Furthermore, the Convention on the Rights of the Child (CRC), The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the International Covenant on Civil and Political Rights (ICCPR) are three international human rights instruments that explicitly handle sexual violence. In addition, the United Nations Security Council has passed a number of decisions calling for increased efforts to stop and resolve sexual abuse as a danger to world safety and peace, and according to the ICRC Customary Law Study, rape and other forms of sexual abuse are prohibited by customary international humanitarian law. Ways to address sexual violence under international humanitarian law exist, as several international agreements, treaties and covenants tackle this issue. Indeed, the Third Geneva Convention of 1949 keeps on stating that women “shall be treated with all respect due to their sex” and that war prisoners are “in all circumstances entitled to respect for their persons and honor” in international armed conflicts (“The Geneva Conventions of 1949 and Their Additional Protocols”). However, if we are to resolve this issue, we are also to further enhance international cooperation, encourage prevention, protection, prosecution of the accused, and rehabilitation and reintegration of victims. On another note, moral and ethics play a crucial role in shaping our understanding of sexual assault and our responses to it under international humanitarian law. Indeed, our knowledge of sexual assault and its prevention is informed by moral and ethical ideals, which shape our way of reacting to sexual abuse. Here, we understand how the various concepts revolving around international humanitarian law, and international human rights law covered throughout the semester, directly play a role in impacting present cases of sexual violence and rape as a tool of war.

International Criminal Law:

Sexual violence is recognized as a serious crime in international criminal law. Indeed, rape and sexual assault have so far been effectively tried by the courts as genocide, war crimes, crimes against humanity, and torture. Rape and sexual assault cases are explicitly allowed to be brought before the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). By March 1999, the ICTY had brought charges against 27 people in connection with 130 separate offenses involving either rape or sexual abuse. Thus, it can be said that the ICTY and the ICTR have authority over sexual assault crimes, as according to their statutes, they have authority over serious violations of the Geneva Conventions, additional crimes against humanity, war crimes, and genocide. Additionally, according to the definition of Common Article 3 of the Geneva Conventions and Article 4(2)(e) of Protocol II, “outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution, and any form of indecent assault” are listed in the Rwanda tribunal statute as war crimes (Vandenberg). Finally, regarding the prosecution of these crimes, it is important to understand that reporting a crime and getting justice may be complicated and difficult for victims of sexual assault, as unfortunately there may be numerous obstacles, such as stigma and fear.

Evolution of International rulings and their impact on the present:

Precedents and Ongoing Rulings:

Past rulings and precedents have a valuable impact on the way decisions are made in contemporary issues. Indeed, the principles established in a specific judgment can affect the outcome of other cases involving sexual violence and rape, as decisions in international law are often made based on precedents, or past cases that establish legal principles or norms. When looking at current international issues that suffer from sexual abuse, we can take the example of the Syria conflict. The Syria conflict started in 2011, with a series of anti-government protests; a civil war eventually developed out of the dispute as multiple groups fought for control of the available resources, and numerous war crimes and breaches of international law occurred. As a matter of fact, rape and sexual assault have been employed as military tactics in the fight in Syria; sexual abuse of women and girls has taken the form of rape, sexual slavery, and forced marriage, and sexual violence against boys and men has also occurred, including castration and other forms of physical abuse. Moreover, the conflict in Syria represents a growing problem as not only does it target women and girls, but also and more specifically men, trans women and non-binary people, who are more likely to experience violence. Related to this, we can recognize that in Security Council Resolution 2106 from 2013, the UN Security Council acknowledged for the first time that men and boys are also victims of sexual assault during conflicts (“Sexual Violence Against Men, Trans Women in Syria Conflict”). Now, when looking at the precedents that affected the decision-making for the conflict in Syria, we can identify the case of Jean-Pierre Bemba, a former-vice president of the Democratic Republic of Congo (DRC) and the former leader of the Movement for the Liberation of Congo (MLC). The reason why this case is so important, is because it was brought before the International Criminal Court (ICC), and his conviction set a significant legal precedent, and was the first by the ICC to include sexual violence as a type of war crime. Moreover, Bemba's conviction had a considerable impact on the development of the concept of command responsibility, which holds leaders accountable for the crimes of their subordinates. The Bemba case was also notable because it brought attention to the use of sexual assault as a weapon of war and the necessity of holding those responsible for these atrocities accountable; the verdict strongly implied that sexual assault during armed conflict would no longer be allowed and that those who committed such crimes would face consequences (Bowcott). Hence, this case clearly illustrates how judicial precedents may be utilized to hold perpetrators and commanders accountable for these crimes, and it teaches us that legal precedents play a valuable role in shaping future decisions.

Treaties and International Decisions:

As discussed throughout this paper, we have been able to learn that various are the international treaties that aim to settle the issue revolving around sexual violence during conflicts. The Geneva Conventions (1949), are a group of international treaties that offer legal protection to anyone who have been harmed in armed conflict, including civilians and combatants who have ceased hostilities. As they specifically protect women and children against rape and other types of sexual assault, the Geneva Conventions are important in combating sexual violence in armed conflict. The treaties forbid sexual assault on civilians and other non-combatants and require all parties involved in a war, to medically treat and support sexual assault victims (“The Geneva Conventions of 1949 and Their Additional Protocols”). The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979), seeks to end all types of discrimination against women. The agreement was approved by the UN General Assembly in 1979, and 189 nations have ratified it. Because it acknowledges sexual violence as a form of discrimination against women and demands for actions to stop and remedy it, CEDAW is important in addressing sexual violence against women. Additionally, states are required under the convention to take action to abolish gender-based violence, including sexual violence, as well as to support and aid victims (“Convention on the Elimination of All Forms of Discrimination Against Women”). The Rome Statute is the treaty that established the International Criminal Court, and because it classifies rape, sexual enslavement, and other types of sexual abuse as war crimes and crimes against humanity, the Rome Statute is important in tackling sexual violence. Furthermore, this international treaty notes that the law allows for the punishment of those who carry out such crimes, including military and political leaders who have responsibility for the wrongdoings of their subordinates, as discussed in the Syria conflict (Basak 272-276). Finally, a 2008 resolution by the UN Security Council titled “Resolution 1820” acknowledges sexual assault as a strategy of war and demands for greater measures to stop and address it. The resolution also asks for the punishment of anyone responsible for sexual assault during armed conflict, including by the ICC. Furthermore, it is crucial in addressing sexual assault because it emphasizes the need of acting to stop and confront such abuse and demands for stronger accountability for offenders. The resolution has served as the foundation for a number of local and international legislative frameworks and programs that try to prevent and remedy sexual assault in armed conflict.

Conclusion

In conclusion, throughout this paper we have been able to understand why this issue is still so important to this day, by relating several concepts from our course to real life cases, including but not limited to international humanitarian law, international criminal law… Additionally, we understood that using rape as a weapon of war is a grave breach of international law and human rights. Thus, international law holds power and has a legal duty to take action to stop and lessen sexual assault during armed conflicts and to hold offenders accountable. Indeed, sexual violence in armed conflict is prohibited by international law, and those who commit it may be held accountable for war crimes, crimes against humanity, and genocide. These offenses are punishable by jail, fines, and other types of sanctions. Moreover, conflict-related sexual violence has terrible effects on people, families, and communities, and only a few of the many cases are brought to light, as often times victims decide not to report those, as a result of shame, fear and stigma. It is to note that the legal frameworks and treaties discussed above serve as a foundation for holding perpetrators responsible for their acts and show the international community's commitment to combating and preventing sexual violence in armed conflict. Despite recent improvements in international efforts to avoid and manage this problem, more has to be done. In fact, to ensure that offenders are held responsible, victims need to be given the necessary assistance and protection, preventative measures must be put into place, and governments, international organizations, and civil society must collaborate. Putting an end to sexual violence in armed conflict is essential to establishing justice and enduring peace, as sexual violence in the international context can also lead to other serious international issues. Indeed, such issues may include international human trafficking, as these are closely related. Thus, it is of utter importance that the international community gets together and strengthens existing norms, while ensuring that necessary steps are taken for the safety of people across the globe by enforcing the importance of legal procedures and preventive methods.

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