U.N. Sanctions Can Help Stop Rape in War

Sexual violence is clearly prohibited in peacetime and wartime, both by international human rights law and the lex specialis international humanitarian law. Despite these prohibitions, sexual violence remains prevalent in many modern conflicts. Furthermore, it continues to be used intentionally by government forces and militias as a weapon in order to achieve military or political objectives. As seen in Myanmar, South Sudan, Syria and the DCR, sexual violence is used effectively to terrorize, forcibly displace, ethnically cleanse, and control civilian populations seen as the “enemy”- at the cost of women and girls.

In 2008 the United Nations Security Council (UNSC) issued a groundbreaking resolution (1820) that threatened the use of targeted sanctions against individuals ordering, tolerating or engaging in sexual violence as a weapon of war. Sanctions, foreseen in article 41 of the UN Charter, are one of two coercive powers that the Security Council holds under Chapter VII. Through the threat of coercive measures, the UNSC thus affirmed its ability and willingness to place meaningful restraints on sexual violence in conflict.

This was a groundbreaking and welcomed move. Designation criteria relying on international human rights and humanitarian norms have the potential to reinforce legal frameworks on prevention and accountability. Indeed, targeting political and military commanders with sanctions can create an incentive to stop deliberately ordering or implicitly tolerating sexual violence committed by their soldiers. Sanctions can compel commanders to change behavior and exercise better control over troops.

But ten years after the UNSC first threatened sanctions, where are we in practice? This question drove Georgetown University’s Institute for Women, Peace and Security to investigate whether the Security Council actually translated its threat of sanctions into concrete action.

We studied 8 sanctions regimes in countries characterized by continuing armed conflict and massive human-rights violations, including the use of sexual violence as a tactic of war: Central African Republic, the Congo, Libya, Mali, Somalia, South Sudan, Sudan and Yemen. Our report finds that sanctions have great potential, but are largely underutilized and implemented ineffectively.

Unfortunately, the inclusion of sexual violence in sanctions regimes is not consistent, nor is it timely. Some sanctions regimes do not once mention sexual violence as part of the designation criteria – despite evidence of widespread use (such as in Sudan). Some regimes include references to sexual violence, but only decades after the first violations were reported (such as in Somalia). Moreover, follow-up of the threat of sanctions with concrete designations of individuals is often neither timely nor reflective of the main perpetrators. Failure to act on the threat of sanctions actually gives perpetrators permission and incentive for brutality, because it gives them confidence that no meaningful rebuke will follow. Continue reading

Advertisements

How women and girls who survived Boko Haram have gone from one nightmare to another in Nigeria

Bama Hospital camp

Women in Bama Hospital camp in north-east Nigeria, December 2015. (Gbemiga Olamikan)

While there has been international outrage following Boko Haram’s abduction of women and girls in north-east Nigeria, there has been little awareness or condemnation of the abusive behaviour of the Nigerian armed forces – despite the fact that they have been committing war crimes and potential crimes against humanity against Boko Haram survivors.

This blog highlights some of our findings in a recently released Amnesty International report, “They betrayed us”, as well as related developments since. The report documents how thousands of women and girls in north-east Nigeria who lived under Boko Haram’s brutal rule have since been subjected to gendered forms of violence and abuse by those responsible for protecting them.

Attacked instead of protected

In 2014, Boko Haram took control of large swathes of north-east Nigeria. From early 2015, the Nigerian military intensified its operations against the armed group, and has since recaptured much of this area. The military then established so-called “satellite camps” for internally displaced people from areas that had been under Boko Haram control in the key towns they recaptured.

By mid-2016, over 200,000 people were living in these camps; many thousands more have arrived since.  However, many of the IDPs had not chosen to come to the satellite camps at all. While some were fleeing Boko Haram, others had fled after the military indiscriminately attacked their rural communities, opening fire, burning down homes, and ordering everyone to leave. Some told us they were hoping to be rescued from Boko Haram when they were attacked by the military. Others told us that they had been taken to the camps by the security forces against their will.

The forced displacement across scores of villages do not appear to have been sufficiently targeted to be in line with any imperative military reasons and the violent nature in which they were conducted suggest they did not appear to be designed to ensure civilians’ security. Instead, these acts appear to constitute a war crime.

Families separated

The military subjected everyone arriving in the satellite camps to a “security screening”. Many (in some locations, almost all) men and boys perceived to be of “fighting age” were arbitrarily detained and taken away to military detention facilities where thousands remain. One result was that the satellite camps have been made up of disproportionate numbers of women and their dependents, with few civilian men.

Confined and left to die

In the satellite camps, women and their dependents have been denied information on their loved ones in detention and subject to severe movement restrictions.

From late 2015 until mid/late 2016, when humanitarian aid finally scaled up, thousands of people – mostly women and their dependents – died from lack of food, water and healthcare while confined in the camps. By confining people to camps in such conditions, those responsible may have committed the war crime of murder.

While the food security situation has improved in most of the satellite camps since mid-2016, there are still massive gaps in assistance provided, and women face gender-based discrimination accessing assistance and livelihood opportunities.

Sexual violence

Members of the military and the allied militia have subjected women and girls in the satellite camps to sexual violence. Women who were near-starving were often forced to be the ‘girlfriends’ of the soldiers or militia members in order to access food. Even now, sexual exploitation continues to thrive in a context of impunity, near-confinement and deprivation.

The coercive circumstances that soldiers and militia members created and took advantage of negates any consent that may have apparently been given by women succumbing to be their ‘girlfriends’. Those responsible thus committed the war crime of rape even where physical force was not used or threatened. In some cases, women who refused sex were also raped by security forces using physical force or threats.

Continue reading

New supplements to the International Protocol on documentation and investigation of sexual violence in conflict for Iraq, Myanmar and Sri Lanka

Cover_Myanmar_Burmese supplement.jpgOnce hidden and unspoken, reports of sexual violence now feature prominently in daily media dispatches from conflict zones around the world. This visibility has contributed to a new emphasis on preventing and addressing such violence at the international level.

Promoting the investigation and documentation of these crimes is a key component of the international community’s response. However, this response requires thoughtful and skilled documenters.  Poor documentation may do more harm than good, retraumatising survivors, and undermining future accountability efforts.

Recently, the Institute for International Criminal Investigations (IICI) and international anti-torture organisation REDRESS, with the funding support of the United Kingdom’s Foreign and Commonwealth Office (FCO), have launched a series of country-specific guides to assist those documenting and investigating conflict-related sexual violence in Myanmar, Sri Lanka and Iraq.

The guides (available in English, Burmese, Tamil, Sinhalese, Arabic and Kurdish on the REDRESS and IICI websites) complement the second edition of the International Protocol on the Documentation and Investigation of Sexual Violence in Conflict, published in March 2017 by the FCO.

The Protocol aims to support practitioners to document appropriately by providing a “set of guidelines setting out best practice on how to document, or investigate, sexual violence as a war crime, crime against humanity, act of genocide or other serious violation of international criminal, human rights or humanitarian law”. It is a tremendous resource for practitioners, covering theoretical, legal and practical aspects of documentation.

However, as the Protocol itself makes clear, documentation of conflict-related sexual violence is highly context-specific. Each conflict situation and country has individual legal and practical aspects that must be considered alongside the Protocol’s guidelines.

The guides aim to fill this gap by addressing the context for and characteristics of conflict-related sexual violence in the three countries. They address legal avenues for justice domestically and at the international level, specific evidential and procedural requirements and practical issues that may arise when documenting such crimes.

The publication of these guides on the three different countries highlights some interesting comparisons and contrasts.  Although the background to and most common forms of sexual violence differ from country to country, the motivations for the violence have parallels. Similarly, the stigmatisation of survivors is a grave concern in each country, influencing all aspects of daily life for them and the way that institutions and individuals respond to the crimes committed against them.

In all three countries, a landscape of almost complete impunity prevails, and in many situations survivors, their families and practitioners face significant threats to their security – often from state actors (e.g. police, military, state security). This harsh reality is borne out by the fact that although the drafting of the supplements relied heavily on the experience and input of local practitioners, due to security concerns, very few were able to be individually acknowledged for their contributions.  Continue reading

CfP: Law, Translation, and Activism

1963_march_on_washington

The editors of the Routledge Handbook of Translation and Activism (Rebecca Ruth Gould and Kayvan Tahmesebian), are seeking contributions relating to the intersections of law, translation, and activism. The full CfP is here. If you would be interested in contributing chapters dealing with any of the following themes (or other themes engaging with law and translation) please get in touch (preferably to globalliterarytheory@gmail.com):

  • the politics of court interpretation
  • indigenous language rights
  • migration law
  • law in multilingual societies
  • translating human rights
  • legal translation as a profession and technique

This volume will be published in 2019 as part of the Routledge Handbooks in Translation and Interpreting Studies. A preliminary website for the volume has been set up here.

440px-Gandhi_at_Darwen_with_women

Safeguarding ‘distinction’ inside the wire: Humanitarian-peacekeeper interactions in South Sudan’s Protection of Civilians sites

Following the outbreak of violence in December 2013, tens of thousands—and eventually hundreds of thousands—of internally displaced persons (IDPs) sought refuge at UN bases in South Sudan. These sites came to be referred to as Protection of Civilians (PoC) sites, guarded by forces from the UN Mission in South Sudan (UNMISS) under a robust PoC mandate. In response, many international humanitarian actors, ranging from UN agencies to NGOs, sought to live and work ‘inside the wire’ of the PoC sites as well. They wanted to be close to the war-affected populations they serve, and were also seeking to protect their own staff from violent attacks. As a general rule, global civil-military guidance dissuades humanitarian actors from co-locating with military actors in conflict settings. In recognition of the exceptional circumstances, however, the UN Humanitarian Country Team in South Sudan approved the temporary use of military force protection by humanitarian actors; this has enabled them to reside in the sites.

South Sudan’s PoC sites have generated considerable interest from policymakers and scholars alike, some of whom have drawn attention (pp. 39-40) to the complex relationships of diverse international actors operating in the sites. What is missing at this juncture, from a legal perspective, is a robust account of the challenges that co-location in the sites poses for the civilian-combatant distinction in international humanitarian law (IHL). Drawing on field research[1] conducted in South Sudan in 2015, this article highlights one slice of the international community where interactions are shaped by struggles over ‘distinction’: the humanitarian-peacekeeper relationship.

As one UN civilian actor notes, the PoC sites in South Sudan are spaces where the UN mission ‘comes closest’ to humanitarian actors. Another civilian member of UNMISS surmises, ‘I’ve never seen another example where humanitarians and UNMISS work so closely’. This issue of physical proximity is also flagged by a humanitarian NGO actor living in one of the PoC sites. He is concerned that the mere fact of his presence in the site undermines any efforts his organization might make with regard to distinction from UNMISS. An individual working for a different humanitarian NGO picks up this thread. He explains that co-locating with UN military forces leads ‘fiercely independent’ humanitarian NGOs to fear that they are compromising the humanitarian principles of neutrality, independence, and impartiality. It is adhering to these principles, he explains, that helps humanitarian actors to demonstrate they are distinct.

It is apparent that the attempt to safeguard distinction from UN military actors is not always, or only, about compliance with international law. Much of the time, humanitarian NGOs are also hoping to influence local perceptions. One component of this perceptions work involves the attempt to secure the trust and acceptance of the war-affected populations they seek to serve. As one humanitarian actor explains, it is local beneficiaries who matter most; the ‘element of distinction is purely from their perspective’. Continue reading

Malian suspect at ICC: New opportunity for accountability for sexual crimes

After Jean-Pierre Bemba’s conviction was overturned, the new Malian case at the ICC offers an opportunity to successfully convict a suspect for sexual crimes. Focusing on a gender analysis of crimes will be essential, as gender was at the center of armed groups’ strategy.

Few women in northern Mali believed that this day would come.  One of the chiefs of the Islamic police of Timbuktu during the jihadist groups take over of the north of the country in 2012-2013 appeared before the ICC last April. The prosecution alleges that Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud is responsible for rape and sexual slavery, torture, persecution, outrages upon personal dignity, passing of unlawful sentences, and attacking religious and historical buildings.

If the charges of rape and sexual slavery are upheld after the confirmation of charges hearing planned in the fall, it will be a not-to-be-missed opportunity to secure a conviction for sexual crimes as well as to focus on the gender dimension of some international crimes. Gender was indeed at the center of the Islamist militants’ strategy to secure their grip on Timbuktu and to subjugate its inhabitants. Meanwhile, it is the first time that a suspect is appearing before the Court on the charges of persecution on gender grounds.

In the sixteen years it has been operating, the ICC has deplorably failed to convict a single accused for sexual violence. In a recent setback earlier this month, the Court acquitted the former vice-president of the Democratic Republic of Congo, Jean-Pierre Bemba, of war crimes and crimes against humanity – including rape.  In two other previous instances, accused were also acquitted.

Yet, in 2014, the Office of the Prosecutor committed to better integrate a gender perspective in all its work and to improve prosecution of sexual violence.  The Al Hassane case and the context in which crimes were committed in Timbuktu offer an opportunity to demonstrate this commitment.

Al Hassan was a member of Ansar Eddine, an Islamist group seeking to impose Islamic law across the country. Alongside Tuareg rebels and other jihadist groups including Al Qaida in the Islamic Maghreb, they launched an offensive on northern Mali and took control of Timbutku between April 2012 and January 2013.

During this period, Islamist armed groups imposed a strict application of Sharia law. Men and women were not allowed to talk to each other outside of their families, music was forbidden, and shopkeepers were arrested and tortured for possessing tobacco. Jihadists imposed cruel punishments including public flogging and amputation. While these practices and destruction of mausoleums have caught the world’s attention, sexual crimes have been kept secret because of the stigma and the cultural taboo attached to them.

Women of Timbuktu were sexually harassed, forcibly married and raped. Women who were not fully covered were commonly harassed and beaten on the street by members of the Islamic Police or the so-called morality police, the Hisbah. They chased and arrested people considered not in compliance with Sharia law. During their detention at the police station, women were routinely tortured, sexually abused and in some cases raped.  Armed men controlling the city also kidnapped women after allegedly “marrying” them, detained them in their homes or abandoned houses to rape them repeatedly, and sometimes gang raped them.

Continue reading

Modelling the rules of targeting

Maid of Orleans Jan Matejko

Jan Matejko “Maid of Orleans”

The rules of targeting of international humanitarian law play a pivotal role in protecting civilians. They achieve this by requiring military commanders to take appropriate steps when planning and executing military operations to mitigate danger to civilians. Yet, there is little guidance on how parties to the conflict apply the rules of targeting on the battlefield. Consequently, the task of Non-Governmental Organizations to hold parties to the conflict to account for breaches of the rules is extremely difficult. In the course of studying state practice on the rules of targeting I identified a number of trends which capture how commanders in all likelihood apply the rules of targeting to battlefield scenarios. A number of the findings challenge conventional views. This points to the fact that the debate concerning the rules of targeting continues to be necessary even though one can model how commanders apply the rules. I would like at this stage to share with you some of the conclusions I arrived at.

The principle of distinction requires attackers to distinguish at all times between civilians and combatants on the one hand, and civilian objects and military objectives on the other hand. The conventional view is contained in publications, such as the “Commentary to the Humanitarian Policy and Conflict Research Manual on Air and Missile Warfare.” It postulates that the degree of certainty the principle of distinction requires attackers to achieve is less than that entailed by the criminal law standard of proof of “beyond reasonable doubt.” However, it is concluded that the degree of required certainty is higher. The elements of available intelligence, urgency of acting, force security and the civilian harm which will result if the target is misidentified should each individually reinforce the conclusion that the target is a military objective in order for the attacker to be entitled to engage the target.

The rule of target verification requires the attacker to do everything “feasible” to verify that a chosen target is a military objective. Ian Henderson in his book “The Contemporary Law of Targeting: Military Objectives, Proportionality and Precautions in Attack Under Additional Protocol I” submits that the consideration of how many civilians will be killed if the target is misidentified and the likelihood of the target being a civilian object should play a role in a commander’s assessment of whether he or she is doing everything “feasible” to verify that the target is a military target. The examination of state practice reveals that commanders indeed balance the elements of the likelihood of harm to civilians occurring and the military advantage entailed in conducting further reconnaissance in assessing whether it is “feasible” to allocate additional resources to verifying the character of the target. They may additionally for policy reasons consider the number of civilians who will die if the target is mistakenly identified as having military character. The obligation to comply with the principle of distinction is one of the reasons why commanders do not view the magnitude of potential civilian harm as a core component of the rule of target verification. I was able to derive propositions capturing when commanders are likely to give greater weight either to the likelihood of civilian harm or to particular military considerations, such as the urgency of engaging the target.

Continue reading