By Stuart Smith
Impunity Watch, North America Desk

 WASHINGTON, United States- On July 12, 2012, the American Civil Liberties Union, the ACLU of Arizona, and the Center for Reproductive Rights filed suit on behalf of three Arizona doctors to challenge the constitutionality of the state’s 20-week abortion ban.

Although six states have implemented similar abortion bans, according to the ACLU, Arizona’s ban is the most extreme ban in the nation. The law criminalizes nearly all abortions after 20 weeks of pregnancy and contains only one narrow exception for immediate medical emergencies.

The U.S. Supreme Court’s decision in Roe v. Wade, reported MSNBC, legalized abortions nationwide but also allowed states to ban abortions once the fetus became viable – when a fetus could potentially survive outside the womb – except where a risk to the mother’s health existed. According to the Mayo Clinic, a fetus may become viable at 23 weeks of pregnancy.

Arizona’s abortion ban, argues the ACLU, scheduled to take effect August 2, 2012, therefore, bans abortions three weeks before a fetus becomes viable – during a time when the Supreme Court has specifically permitted abortions – and the ban is thus unconstitutional.

The ban would require a physician caring for a woman with a high-risk pregnancy to wait until her condition imposes an imminent risk of death or major medical damage before offering her the care she needs, noted the ACLU in a statement released the day of the lawsuit’s filing.

“Any number of things can happen during a pregnancy, and a woman has to be able to make the right decision for herself and her family,” said Talcott Camp, the ACLU Reproductive Freedom Project’s deputy director. “Whether a woman decides to continue with a high-risk pregnancy or terminate it, the most important thing is that women, families and physicians make these decisions – not politicians without any medical training.”

Although the lawsuit is believed to be the first to challenge late-term abortion bans, it comes amidst a broader attack on abortion and reproductive rights in the United States.

On Wednesday, CNN reported, that a federal judge in Mississippi allowed the state’s sole abortion clinic to remain open, while he reviews the effects on abortion clinics of a new state law requiring all abortion providers to be certified obstetrician/gynecologists with privileges at local hospitals. Only one doctor at the clinic currently meets the new standard.

Although supporters of the new law claim that it protects women from unscrupulous and unqualified practitioners, opponents believe the law is a move to further curtail abortion rights in the state. Governor Phil Bryant called it “the first step in a movement, I believe, to do what we campaigned on: to say that we’re going to try to end abortion in Mississippi.”

However, for now, the ACLU is optimistic about their chances of success in court. “No court has ever upheld such an extreme and dangerous abortion ban,” said Dan Pochoda, legal director of the ACLU of Arizona. “Instead of passing unconstitutional laws and blocking women’s access to critical health services, our legislators should be working to ensure that all women get the care they need to have healthy pregnancies and protect their families.”

For further information, please see:

ACLU — Isaacson v. Horne Complaint — 12 July 2012

MSNBC — Rights groups file suit challenging Arizona abortion ban — 12 July 2012

ACLU — Women’s Health Groups File Lawsuit Challenging Arizona Abortion Ban — 12 July 2012

CNN — Judge lets Mississippi’s only abortion clinic stay open – for now — 11 July 2012

Mayo Clinic website — Pregnancy week by week — 23 July 2011

By Eric C. Sigmund
Legal Advisor, International Humanitarian Law Dissemination, American Red Cross NHQ

Washington, DC – On June 25, 2012, the District of Columbia Chapter of the American Red Cross held a war games simulation called Raid Cross to educate children about international humanitarian law.  This body of law, also referred to as the “laws of war” or “laws of armed conflict,” is the body of law which applies during armed conflicts and limits the means and methods of warfare.  The Raid Cross this year consisted of 25 youth volunteers between 13 and 18 years of age.  The interactive event teaches young citizens the importance of preserving human dignity in times of conflict.

Featuring seven different stations, Raid Cross placed youth volunteers in simulated combat situations to provide an experience of some of the hazards that exist in conflict zones.  As the volunteers began the half-day activity they were asked to assume the roles of soldiers or medics in the “Haddarian Army,” or humanitarian aid workers for the Red Cross.

The soldier participants were placed in the position of a commander, forced to make tough choices about whom to target in battle.  Playing the role of medics, youth participants were asked to decide to whom they would provide critical medical assistance after an intense battle.  Those assigned to be humanitarian aid workers attempted to dodge a sniper (armed with a water gun), who indiscriminately shot at volunteers, as they sought to deliver aid to soldiers in distress.  These were just three of the thought- provoking wartime scenarios in which the volunteers participated.  At the end of each station, the participants were debriefed about their performance and the laws of war applicable to each situation.

Raid Cross is one of a number of unique educational tools utilized by the American Red Cross to spread awareness about international humanitarian law.  Under Article 47 of the first Geneva Convention, all nations party to the treaty are required to educate both their military and citizenry about the laws of armed conflict.  Within the United States, the duty of educating the public has been assigned to the American Red Cross.

By the end of the simulation the youth volunteers were familiar with the rules and principals of international humanitarian law.  They had also experienced the task of making difficult decisions quickly that were still in accordance with the laws.  Armed with this knowledge of the law, the volunteers were encouraged to think critically and strategically about the current conflict situations existing around the world and to become more global citizens.  Educating the public through fun and interactive programs, like Raid Cross, the American Red Cross continues its mission to spread awareness about armed conflicts and the need to protect vulnerable populations under the law.

For additional information about this event and other international services contact your local Red Cross chapter or email Eric Sigmund at eric.sigmund@redcross.org.

For further information, please see:

Leesburg Today – Teens Hit Paintball Course for Mock Militia Games – June 26, 2012
The Magazine of the International Red Cross and Red Crescent Movement – Raid Cross – Are You Game? – Feb. 26, 2006

By Stuart Smith
Impunity Watch, North America Desk

PORT-AU-PRINCE, Haiti- ­The prosecution of rape and sexual assault cases in Haiti remains alarmingly slow, with victims only rarely receiving justice, the United Nations Stabilization Mission in Haiti said in a report released June 26, 2012.

The report, conducted by the U.N.’s human rights section in Haiti in cooperation with law enforcement and judicial officials, examined 62 rape complaints filed in Port-au-Prince during a three month period in 2010, reported the ABC News. According to the report, more than a year after they were filed with police, none of the 62 complaints had gone to trial. As of December 2011, only one of the 62 rape complaints had been recommended for trial by judicial authorities, although the trial had not yet begun.

Yet, the lack of prosecution is not the only problem- so, too, is the lack of information and resources.

According to ABC News, obtaining accurate and comprehensive information on rape and sexual assault cases is difficult because there is no national database pooling data from the government, aid groups, and the U.N. Further, in part due to the 2010 earthquake, police lack the basic resources, such as computers, vehicles, and furniture, necessary to perform their duties.

Moreover, currently, the government allocates 1.4 percent of the national budget to the Ministry of Women’s Rights. Addressing these issues , the U.N. report recommended, that the government increase the funding dedicated to the ministry and other agencies helping women.

Yet, concern over rape and sexual assault cases in Haiti is not new.

According to an Amnesty International report, more than 250 rape cases were reported in the 150 days following the 2010 earthquake. A year after the earthquake, detailed the report, rape victims continued to arrive at local women’s support groups almost every other day.

“Women, already struggling to come to terms with losing their loved ones, homes and livelihoods in the earthquake, now face the additional trauma of living under the constant threat of sexual attack,” said Gerardo Ducos, Amnesty International’s Haiti researcher.

Further exacerbating the problem are allegations of rape against U.N. peacekeepers. In May 2010, a 19-year-old Haitian man accused six Uruguayan soldiers, serving as UN peacekeepers in Haiti, of raping him, reported Al Jazeera. And on March 14, 2012, a Pakistani military tribunal convicted three peacekeepers of sexually assaulting a 14-year-old boy, sentencing them to one year in jail, said an Amnesty International press release.

“For the prevalence of sexual violence to end, the government must ensure that the protection of women and girls in the camps is a priority. This has so far been largely ignored in the response to the wider humanitarian crisis,” said Ducos.

Unfortunately, the sexual violence continues today, and the government response remains woefully inadequate to combat this crisis.

For further information, please see:

ABC News — UN Report on Haiti Rape Shows Few Prosecutions — 27 June 2012

Al Jazeera — Haiti ‘rape victim’ set for court testimony — 10 May 2012

Amnesty International — Convictions against UN peacekeepers in Haiti do not serve justice — 15 March 2012

Amnesty International — Haiti: Sexual violence against women increasing — 6 January 2011