IntLawGrrls: Is There a Linkage Between Gender-Based Atrocity Crimes and Sexual Assault?

Is There a Linkage Between Gender-Based Atrocity Crimes and Sexual Assault?
October 19, 2016
By Jennifer Trahan
in IntLawGrrls
Over the last two decades, there has been exponential growth in the capacity at the international level to prosecute atrocity crimes, particularly through international and hybrid tribunals, including, prosecutions of rape and other forms of sexual and gender-based violence.  In light of these strides which advance the rule of law, particularly, international criminal law, and bring at least a measure of accountability for some of the worst atrocities of the last two decades, is it permissible for a public figure who aspires to leadership to brag about (and allegedly commit) sexual assault?   Are atrocity crimes and sexual assault delinked concepts, or part and parcel of the same phenomenon?
Unlike the prosecutions after World War II before the International Military Tribunal at Nuremberg and before the International Military Tribunal for the Far East in Tokyo, where sexual violence crimes were virtually ignored, today, international and hybrid criminal tribunals prosecute these crimes.  Through groundbreaking jurisprudence of the International Criminal Tribunal for Rwanda, the judges recognized that rape can be a form of genocide.  And, through groundbreaking cases at the International Criminal Tribunal for the former Yugoslavia, the judges recognized that rape can also be a war crime and a crime against humanity.  That tribunal also brought important focus on the use of rape, for example, through prosecutions of perpetrators at a particularly notorious “rape camp,” in Foca.  Other (often horrific) forms of sexual violence that do not constitute “rape” per se, were prosecuted as “other inhumane acts,” which is a crime against humanity.  This work of the Yugoslav and Rwanda Tribunals is today being carried forward by the International Criminal Court, where, for instance, the recent conviction of Jean-Pierre Bemba, included command responsibility convictions for rape, as both a war crime and crime against humanity, committed in the Central African Republic.
Why has there been such pervasive use of gender-based violence, and why does it continue unabated today (in places, for instances, such as Syria, against the Yazidis)?  (It was also part of the genocide in Darfur, and the 1988 genocide by Iraqi forces against the Kurds.)  A few observations can be offered.
First, through a long period of history, rape was seen as similar to plunder, something to which the victors were entitled, as spoils of war.  While the laws of war now clearly forbid such behavior, it is not clear whether that linkage has been entirely severed.
Second, atrocity crimes, including crimes of sexual violence, are made easier to commit through dehumanization of “the other.”  Thus, in both Rwanda and Bosnia, the “other” ethnic group was portrayed as both the enemy (collectively) and as something less than human.  Thus, for example, in Rwanda, the Hutu, in the planning of and during the genocide, termed the Tutsi as Inyenzi, or “cockroaches.”  Had the enemy been seen as individual, it would have been harder to commit the crimes.  Through dehumanization and the stoking of fear, nationalistic leaders in the former Yugoslavia, and leaders in Rwanda (aided by an incendiary media), convinced people to commit horrific crimes, including gender-based violence crimes.
Third, there also appears a linkage between gender-based violence crimes and the unequal position of women in society pre-atrocity.  If women had been seen as equally valued members of society, would situations have deteriorated so precipitously into the use of gender-based violence?  Is there something about the mindset of men who treat women as unequal to begin with, and, historically, centuries of unequal treatment, that in times of armed conflict, can morph into the commission of mass gender-based atrocity crimes?
Fourth, when mass atrocity crimes occur, particularly gender-based violence crimes, another precept that has eroded is the humanity of the perpetrator to see the victim as an individual.  If human rights are respected in a society, and the rule of law works (complaints can be filed and courts are able to operate fairly), then one hopes never to reach these horrific depths of depravity.
Why is all this relevant today?  Because there is a linkage between the mind-set of one Presidential candidate’s bragging about sexual assault (and the accusers who say he committed it) and the mind-set that can devolve, particularly in war-time, into larger-scale sexual and gender-based violence.
We are fortunate in the U.S. not to have suffered atrocity crimes on our soil, at least for a long time, and, generally, U.S. courts (both civilian and military) work well, and the rule of law is, by and large, respected.  So, we do not witness in our country sexual violence crimes that rise to the level of genocide, war crimes or crimes against humanity.
Yet, at heart, bragging about sexual assault objectifies and depersonalizes the victims, and more broadly denies that women deserve a respected and equal place in society, where their rights are fully respected.  Is it so different from the devaluation and dehumanization of women that occurs when sexually-based atrocity crimes occur?  Yes—don’t get me wrong—there is a vast magnitude of difference between what happened in Bosnia and Rwanda, and sexual assault in the U.S. during peacetime, but the conduct belongs on the same spectrum.
It is important to acknowledge this linkage, and condemn sexual assault, wherever and whenever it occurs, whether against men, women, or children, in peace-time or in war.  It is equally unacceptable to brag about what constitutes a crime, and the problem is only compounded when the speaker fails to comprehend the magnitude of the issue.  This isn’t just “locker-room banter,” and suggesting it is also devalues all the men who don’t use such “banter” in a “locker-room.”
The U.S., in the new Administration, needs to continue to exercise moral leadership in the field of atrocity crimes prosecutions, as it did in spearheading the Nuremberg prosecutions and supporting the creation of the Yugoslav and Rwanda Tribunals. It needs to have a leader at its helm who can credibly do so.

War Crimes Prosecution Watch: Volume 11, Issue 16 – October 17, 2016

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FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

 War Crimes Prosecution Watch

Volume 11 – Issue 16
October 17, 2016

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Editor-in-Chief
Kevin J. Vogel

Technical Editor-in-Chief
Jeradon Z. Mura

Managing Editors
Dustin Narcisse
Victoria Sarant

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.

Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents

AFRICA

CENTRAL AFRICA

Central African Republic

Sudan & South Sudan

Democratic Republic of the Congo

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

Lake Chad Region — Chad, Nigeria, Niger, and Cameroon

Mali

EAST AFRICA

Uganda

Kenya

Rwanda (International Criminal Tribunal for Rwanda)

Somalia

NORTH AFRICA

Libya

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Islamic State of Iraq and the Levant

Iraq

Syria

Extraordinary Chambers in the Courts of Cambodia

Yemen

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

Israel and Palestine

North Korea

AMERICAS

North & Central America

South America

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

Commentary and Perspectives

WORTH READING

Police Kill Farmer During Clash

By Cintia Garcia

Impunity Watch Reporter, South America

LIMA, PERU—On Friday, a farmer, Quintino Cerceda Huilca, was shot in the head and killed by police during a clash in the highland region of Apurimac. Congressman Richard Arce, who represents the region, confirmed the death caused by police officers attempting to clear the road.

Mining company in Las Bambas is not abiding by the environment plan. (Photo Courtesy of America Economia)
Mining company in Las Bambas is not abiding the environment plan. (Photo Courtesy of America Economia)

An estimated 200 villagers protested the Chinese company, MMG Ltd’s $10-billion Las Bambas copper mine, for changing its environmental plan. The protestors had been blocking the road leading to Las Bambas copper mine for nearly a week. They were met by police dressed in riot gear. A community lawyer stated that about 21 to 34 local community members were injured, including some with bullet wounds. In addition to the injured, 12 protestors were arrested. Peru’s interior ministry released a statement claiming that they lamented the death of the farmer. The office also stated that 20 policemen were injured during the clash and the matter is under investigation. This was the first death related to a mining protest.

A community spokesman stated, “The community has never disagreed with the project. They are not anti-mining. The issue is that they cheated us, they lied to use. The ore was going to go through a pipeline, not trucks that are polluting the fields.” The remote community claims that an estimated 300 trucks pass through the area every day affecting their way of life, including their livestock. In addition, some of the demonstrators have stated that some of their communal land had been used without permission to construct a paved road leading to the mine.

Peru’s economy has grown within the past year due to copper production. La Bamba mine is expected to make Peru the second largest copper producer in the world. La Bamba alone produced 35,000 tonnes of copper in August.

Reuters—One Killed in Peru Protests Against Las Bambas Copper Mine—14 October 2016.

America Economia—Al Menos Una Persona Muere Durante Protesta Contra Minera de Cobre La Bambas en Peru—15 October 2016.

Peru Reports—Peru Police Kill Protester Near Las Bambas Copper Mine—15 October 2016.

TeleSur–Mining-Related Clash with Police Leaves One Dead in Peru—15 October 2016.

Calais Children Make Journey to Britain

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

LONDON, England — The first group of children to leave the migrant camp popularly known as “the jungle” in Calais, France has traveled to Britain to be reunited with relatives.  On Monday, 14 children ranging in age from 14-17 left the camp and were brought by government officials and charity workers to a Home Office immigration facility in Croydon, which is in south London.  The children were held there before being reunited with family at various locations, including local churches.

A minor arrives in Britain via bus after leaving the Calais camp (Photo Courtesy of the LA Times)
A minor arrives in Britain via bus after leaving the Calais camp (Photo Courtesy of the LA Times)

These children are allowed to be reunited with family in Britain under a law called the Dublin Regulation, which allows children with close relatives in Britain to seek asylum there even if they also have asylum elsewhere.

Aid groups praised the transfer of the children after warnings that keeping the children in the Calais camp might put them at risk of being trafficked.  Rowan Williams, the former archbishop of Canterbury who has aided the efforts to transport the children to Britain, believes that Britain has “…the beginnings of some sort of response to what is still a hugely troubling and very, very urgent situation.” Williams urges that Britain can “offer secure environments for these children” as well as “a place of safety.”

The French and British interior ministers, Bernard Cazeneuve and Amber Rudd, have agreed to speed up the process of transferring children from the Calais camp to Britain.  While it is unknown exactly how many unaccompanied minors are living in the camp, the Red Cross estimates there to be about 1,000.  178 of these children have been identified as having relatives in Britain, however some are being held back from being transferred to Britain for bureaucracy reasons.

In a slightly separate process, Britain has been collaborating with French authorities to identify children who can be brought to Britain under an amended British immigration law known as the Dubs amendment.  Under this amendment, Britain will agree to take in “vulnerable unaccompanied child refugees” who arrived in the European Union prior to March 20, even if they do not have familial ties to Britain.

It is expected that dozens of more children will make the journey to Britain this week so they can be reunited with relatives.  Britain’s effort marks the beginning of its commitment to welcome migrant children into its borders before the Calais camp is permanently destroyed.

 

For more information, please see:

BBC — Families Speak of Their Joy at being Reunited with Calais Children — 17 October 2016

The LA Times — A Journey Through ‘Hell’: First Wave of Migrant Children from Calais Arrives in Britain — 17 October 2016

Reuters — First 14 Unaccompanied Children from Calais ‘Jungle’ Reach Britain — 17 October 2016

The Washington Post — 14 Migrant Children Arriving in UK from Calais Migrant Camp — 17 October 2016

 

Hospitals in Zimbabwe Stop Surgeries Amid Drug Shortage

By Samantha Netzband 

Impunity Watch, Africa Desk Reporter

HARARE, Zimbabwe– A country wide shortage of drugs used in surgery has caused two hospitals in Zimbabwe to suspend all elective surgeries.  Both the United Bulawayo Hospital (UBH) and the Harare Central Hospital have suspended surgeries because of the shortage.  The shortage of drugs includes pethidine (a sedative), injectable morphine, fentanyl, adrenaline, metoclopramide, sodium bicarbonate and antibiotics.

Zimbabwe: major hospital suspends surgeries amid drug shortage

Doctors do surgery in Zimbabwe. (Photo Courtesy of Africa News)

The shortage of drug comes during Zimbabwe’s continuing economic downturn.  80% of the countries citizens live in poverty, and their is political unrest regarding upcoming elections.  United Bulawayo Hospital serves a population of over 1 million people, meaning that a large number of the Zimbabwe population will be affected by this hospitals cessation of elective surgery.

Health ministry permanent secretary Gerald Gwinji originally down played Harare Central Hospital’s suspended elective surgeries.  He claimed that the shortage was due to an administrative glitch.  Health minister David Parirenyatwa has said the shortage is actually the governments fault.  Mismanagement of the drugs has lead Zimbabwe to get 92% of its medication from external sources.  Parirenyatwa has also said that because of the poor management of the countries health sector there are increased national security risks.

Country officials are unsure of when the shortage will end, and more hospitals may suspend elective surgeries.  United Bulawayo Hospital is located in the eastern part of Bulawayo, Zimbabwe’s second largest city.  It is one of two major referral centers for the southern part of the country.

 

For more information, please see: 

Africa News – Major hospital suspends surgeries amid drug shortage – 15 October 2016

All Africa – Zimbabwe Second Major Hospital Suspends Surgeries – 15 October 2016

Zimbabwe Daily – Hospitals Hit by Painkiller Shortage, Suspends Surgeries – 14 October 2016