Rape and Sexual Violence Flashcards
Long history of sexual violence as a war crime?
SHANKER
- 1471, Peter von Hagenbach convicted for the subduance of Breisach, Austria
- American Civil War, rape a capital crime in the Union Army from 1863
How did the Hague convention 1909 protect against sexual violence? When was it used
SHANKER
Article 46 of the Hague Conventions bound subscribers to protect ‘family honour and rights’
- Invoked by the Tokyo tribunal for the pandemic rape of Nanking, China
What did Article 47 of the Geneva Conventions, 1949, say?
SHANKER
- ‘women shall be protected against any attack on their honour, in particular, against rape, enforced prostitution, or any form of indecent assault’.
Sexual violence against men?
SHANKER
- Dusko Tadic, convicted of making Omarska inmate bite off another inmate’s testicle
- Celebici case: prosecution pursued ‘cruel treatment’ charges, but judge said that rape charges would have been accepted.
- Ante Furundzija, a Bosnian Croat, commanded a colleage to rape a detainee, and was convicted of rape-as-torture. First case where UN refered to ‘victim’, not ‘male/female’
Case study: the trial of Jean Paul Akayesu
SHANKER
- ‘the most groundbreaking decision on gender-related crimes’
- rape considered to be a crime against humanity and a tool of the Rwandan Genocice
- Also convicted of inhumane acts for forced nudity
- found rape was ‘systematic and was perpetrated against all Tutsi women and solely against them.’
- ‘rape and sexual violence constitute genocide in the same way as any other act’ if ‘done with intent to destroy the protected group in whole or part’
How can rape be prosecuted?
SHANKER
- Article 147 of the 4th Geneva Convention
- Common Article III (c) of the Geneva Convention: treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria….(no) outrages upon personal dignity, in particular humiliating and degrading treatment;
- Violation of the laws and customs of war
The statute for the establishment of a permanent International Criminal Court, July 17th 1998
SHANKER
- grants jurisdiction to prosecute rape, enforced prostitution, sexual slavery, forced pregnancy, enforced sterilization
How broadly did the Rwanda and Yugoslavia tribunals define sexual violence?
SHANKER
‘forced marriage, forced abortion, forced nudity, sexual mutilation, sexual humiliation’ - all included, so broad definition
Case Study: Foca, Bosnia
RODRIGUE
First sexual slavery prosecution in any international criminal proceeding
- June 1996, ICTY issues indictment against 8 Bosnian Serbs for enslavement and rape of Muslim women in Foca, eastern Bosnia.
- Girls tortured and raped over several months
- At least 72 held in school, sports house, make shift brother
How far can we extrapolate general terms from case studies of sexual enslavement in Bosnia?
RODRIGUE
‘victims statements indicate overwhelmingly that what happened to this particular girl in Foca was anything but unique. Multiple witnesses, interviewed seperately, described “rape camps” throughout Bosnian Serb-controlled territory, as well as a far smaller number of camps run by Croatian and Bosnian government forces.
Precursors to Bosnian ‘rape camps’ ?
RODRIGUE
- Japanese ‘comfort women’ in brothels
- Netherlands tribunal convicted japanese of ‘enforced prostitution’ of 35 Dutch women.
In what circumstances does sexual slavery constitute a crime against humanity?
RODRIGUE
can be considered enslavement - a crime against humanity - if part of a ‘widespread and systematic attack against a civilian population’
So: comfort women held for easy sexual access by troops, but in Bosnia, a targeted campaign of sexual violence to ‘terrorise and demonise the enemy’
on the legal basis of slavery prosecutions
RODRIGUE
- ‘The legal basis for prosecuting those responsible for rape, enslavement, enforced prosecution and sexual slavery has long existed, even if prosecutions have not always been robust’
What is systematic rape?
STIGLMAYER
no specific crime under international law, but, in reality, the phrase ‘systematic rape’ describes crimes committed against women in Bosnia-Herzgovina
to prove rape as a crime against humanity, must prove not that the rape was widespread/systematic, but that the attack was, and that rape was a means of attack. Systematic may establish intent, which may establish GENOCIDE
Why are women raped?
STIGLMAYER
- ‘Women in conflict zones are frequently raped to humiliate and degrade as part of a pogrom
- to terrorize
- to drive away the unwanted ethnic “other”
- to demoralise men associated with raped women
How can rape constitute genocide
STIGLMAYER
International Criminal Tribunal of Rwanda:
- rape and sexual violence constitute genocide in the same way as any other act’ if ‘done with intent to destroy the protected group in whole or part’
- Rape “was a step in the process of the destruction of the Tutsi group - destruction of the spirit, of the will to live, and of life itself.’
–> Akayesu convicted Sep 2nd 1998
SHARLACK’s thesis
Rape certainly may cause serious physical and/or mental injury to the survivor, and also may destroy the morale of her family and ethnic community.
However, this Convention does not explicitly state that sexual violence is a crime of genocide.
The Convention should be expanded to include mass rape, regardless of whether the victims are raped on the basis of racial/ethnic, national, or religious identity.
Why does SHARLACK suggest that rape should be added to the convention on genocide?
The Genocide Convention should be expanded to include mass rape, regardless of whether the victims are raped on the basis of racial/ethnic, national, or religious identity.
INTENT TO DESTROY SHOUD, ON MY ANALYSIS, MERIT THE SAME STATUS under international law as the intent to destroy people on the basis of ethnicity, nation, and religion.
Sharlack on the stigma of sexual violence
rape as genocide appears to occur to ethnic groups that strongly stigmatize rape survivors rather than rapists. In such communities, women in their roles as mothers of the nation and as transmitters of culture symbolize the honor of the ethnic group. When a woman’s honor is tarnished through rape, the ethnic group is also dishonored.
Post-rape trauma is compounded by “the second rape” of becoming a pariah
What are some of the traumatic consequences for rape survivors?
UN Special Rapporteur on Violence against Women, Radhika Coomaraswamy
UN Special Rapporteur on Violence against Women, Radhika Coomaraswamy
trauma; sexual apathy or promiscuity; substance abuse; depression; psychosomatic ailments; anger; loss of sense of womanhood; and confusion about one’s identity.
Genocide against the female sex?
SHARLACK
encompass social groups might permit international criminal courts to deem mass rape to be genocide, intended to harm or destroy the female sex in whole or in part, regardless of whether the sexual violence had an ethnically or racially based motivation.
How are the effects of genocide gender specific?
Girls and women are far more likely than are men to be the targets of sexual violence used as a component of genocide, but it is rare that analysts perceive rape to be a component of genocide.
Catherine McKinnon on rape as a tool of Serbian Ethnic Cleansing
It is also rape unto death, rape as massacre, rape to kill and to make the victims wish they were dead. It is rape as an instrument of forced exile, rape to make you leave your home and never want to go back. It is rape to be seen and heard and watched and told to others: rape as spectacle. It is rape to drive a wedge through a community, to shatter a society, to destroy a people. It is rape as genocide.
Siobhan Fisher on rape vs forced impregnation
Siobhan Fisher, writing of the Serbs’ rape-until-pregnant campaign against Muslim and ethnically Croatian females in Bosnia–Herzegovina, argues that forced impregnation, not rape per se, constitutes genocide.
victims cannot carry the babies of men of their own ethnic group while their wombs are so “occupied.” - preventing births
Sharlach on gendered discrimination in the UNGC
SHARLACH
Genocide is the attempt to destroy a people, and at present women are not included under the rubric of people unless attempts are made to destroy men at the same time as women.
Genocide and rape of bengalis in East Pakistan (now Bangladesh)
During the 1971 nine-month war between East Pakistan (now Bangladesh) and West Pakistan (now Pakistan), approximately 3 million people died.
The genocide against East Pakistani Bengalis (an ethnic group comprised of both Hindus and Muslims) during the war of 1971 was fuelled by West Pakistani perceptions of Bengalis as racially inferior.
After raping the women, soldiers often murdered them by forcing a bayonet between their legs. The pre- pubescent girls who were cut and gang-raped often died thereafter from the injuries. There are many reports of women and girls who survived the assaults and later killed themselves.
How many women were sexually assaulted in Yugoslavia?
Estimates of the number of women sexually assaulted during the conflict in the early 1990s vary from 10,000 to 60,000.3
How were women raped in yugoslavia?
Soldiers assaulted some women in the streets, others in their homes. Still others they took to concentration camps, a few of which were known as “rape camps.”
Second rape in Yugoslavia
Muslim religious leaders in Bosnia–Herzegovina urged bachelors to marry the single women and girls who had suffered rape, but few did.
Kosovars tend to see rape as a humiliation of the entire family, and they do not perceive the raped women and girls to be innocent victims. The death of the family member deled by rape may seem the only way to restore the family’s honor.
How was rape in Bosnia Herzegovina different to in Pakistan or Rwanda?
- not merely to drive away and to harm non-Serb women, but to rape them repeatedly to ensure that they became pregnant.
- In many cases the soldiers intentionally detained women until abortion was no longer possible.
Evidence that rape in Bosnia-Herzogovina was systematic
(1) that rapes in non-contiguous parts of Bosnia–Herzegovina had similar characteristics, including raping edu- cated or upper-class women rst and forcing family members conned in the same camp to perform incest;
(2) that the rapes happened in different sections of Bosnia–Herzegovina simultaneously and accompanied the ghting;
(3) that many rapes took place within official detention centers with identical layouts
Rape in Rwanda
Rape of Tutsi girls and women took place in every part of Rwanda between April 6 and July 12, 1994
The UN’s Special Rapporteur on Rwanda estimates that in this tiny country there were between 250,000 and 500,000 rapes
Rape in the Rwandan genocide usually preceded murder, or was intended to cause fatal injuries.
the deliberate transmission of HIV was a unique component of rape as genocide in Rwanda - for a Hutu man known to be HIV-positive to rape a Tutsi woman is in essence protracted genocide
‘Second rape’ in Rwanda
Rwandan women are often unwilling to admit they have been raped because of the terrible social stigma that accompanies rape. President of a Rwandan widows’ association, Felicite ́ Umutanguha Layika, explains that their family and neighbors may perceive rape survivors to have been willing participants and even complicit with the Interahamwe in the genocide.
Karekezi on genocide in Rwanda vs Genocide in Yugoslavia
in Yugoslavia, for example it was used as—sexual violence was used as ethnic cleansing, too. The Serbian was trying to have children from Muslim women. Here, it wasn’t used like that. Pregnancy was a consequence, but not aimed to have children through them. But the goal of the men … was to weaken, to destroy, in this case the Tutsi, in Rwanda.
How has the Rwandan Parliament responded to the accusations of Rape in the Rwandan genocide?
Rwanda’s Parliament took several years to agree upon the genocide law, which divides genocide crimes into four levels.71
The first level carries a mandatory death penalty. This category is reserved for the planners of the genocide, those implicated who held public or military office, and those who were especially ruthless and prolic killers.
The second level of the genocide law is for those who were not leaders, but who participated in the killings.
The third level is for assault (not murder), and the fourth is for crimes against property