| By Irene Khan Fifteen-year-old Z sat with her
back to me, too ashamed and embarrassed to face me, as she told her
story. She and three other girls had been collecting firewood outside
their village in western Darfur, Sudan, when they were attacked by armed
men from a government-supported militia. She was gang-raped and became
pregnant. Recently married, she is terrified that she will be abandoned
by her husband and ostracised by her community if they find out what
has happened.
Z, who cannot be identified here for obvious reasons, is just one
of many thousands of women and girls who have been raped and sexually
abused during the conflict in the Darfur region, But Darfur is by no
means unique. Hundreds of thousands of women have suffered the same
fate in conflicts around the world.
Custom, culture and religion build an image of women as bearing the
“honour” of their communities, so that disparaging a woman’s
sexuality and destroying her physical integrity become a key means by
which to terrorize, demean and “defeat” entire populations,
as well as to punish, intimidate and humiliate women.
In the former Yugoslavia, mass rape was used to drive entire communities
from their homes. In Rwanda, rape and sexual violence became tools for
genocide. In Afghanistan, abductions, forced marriages and violence
against women and girls are used daily by warring sides to humiliate
the enemy or avenge themselves. The fact that Korean “comfort
women” are still awaiting an apology from the Japanese government
for being forced to provide sexual services to Japanese troops during
World War II is just one example of the ease with which the world turns
a blind eye to justice for women victims of war.
Patterns of violence against women in conflict do not arise “naturally”
and are not collateral damage of war. They are ordered, condoned or
tolerated by those in the highest echelons of political or military
power. They persist because those who commit them know they can get
away with impunity.
Although prohibited under international law and some national legislation,
rape and other gender-based violence during armed conflict are rarely
prosecuted because securing justice for women through national criminal
justice systems is extremely difficult. Either such systems have been
ravaged by conflict, or the parties to the conflict share an interest
in avoiding accountability.
The International Tribunals for the former Yugoslavia and Rwanda took
some bold steps to prosecute and convict perpetrators of rape. The 1998
Rome Statute of the International Criminal Court (ICC) defines a broad
spectrum of sexualized violence as crimes against humanity and war crimes.
These include rape, sexual slavery, forced pregnancy and sterilization
and gender-based persecution.
International justice is the key to ending impunity. Even though the
ICC will only be able to try a limited number of cases, high profile
international prosecution could deal a strong blow to the prevailing
culture of impunity. By trying prominent leaders who knew, or indeed
should have known, about sexual violence, but who either encouraged
or ignored it, the ICC will send a message that there is no longer a
carte blanche to commit these heinous acts.
To make the international justice system work, governments must take
concrete steps to support the ICC. So far 97 countries have ratified
the Rome Statute of the ICC, and among that number are some of the conflict-ridden
countries - like Afghanistan, Democratic Republic of Congo, Colombia,
Uganda and Timor-Leste - where some of the worst atrocities have been
committed against women. The states parties to the Rome Statute must
now give political and practical expression to their commitment, for
instance by enacting necessary legislation, assisting the ICC Prosecutor
in his investigations, sharing evidence with him and providing protection
to witnesses who may be at risk.
Sudan is not a party to the Rome Statute of the ICC. However, that
does not mean that those responsible for crimes in that country cannot
be subjected to international justice.
Justice for women victims of war will only be delivered if world leaders
are ready to do more than just make pious statements condemning rape
and sexual violence. They must adopt an agenda for action to end impunity,
centred on the ICC and complemented by investigations and prosecutions
in national courts, including through the use of universal jurisdiction,
and reparations to victims and their families.
Women’s bodies have been the unacknowledged casualties of war
for far too long. The mechanisms to tackle violence against women in
times of war are there - they must now be used to give justice, hope
and protection to young girls like Z.
Irene Khan is Amnesty International’s Secretary General.
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