Rape and sexual violence are most often the corollaries of armed conflicts throughout the world. It is necessary to guarantee the effectiveness of human rights and to fight against impunity for acts amounting to war crimes.
Credit: Gitti Hentschel.
Rape and sexual assault during armed conflict: a recurring phenomenon?
Rape and sexual assault are not new manifestations in times of war. They date from the time when women were considered objects of heritage that could be part of the harvest of war. THE " women of the vanquished » were considered a legitimate part of the spoils of war conquered, in the same way as material goods. However, through different conflicts contemporary, these acts continue to be perpetrated. What explains this recurrence? How to end it?
When we talk about rape and sexual assault in the context of armed conflict, we base ourselves on the terminology used by the International Committee of the Red Cross (ICRC), which gives this practice the character of " method of war ". The latter implies prior political planning on the part of the perpetrators, most often warlords. This notion contains a much broader connotation compared to that regularly used by the media which designates these rapes as simple “ war weapon ".
Evelyne Josse, psychologist and associate lecturer at the University of Metz, believes that “ we talk about rape like war weapon or a war tactic, when planned by an authority (whether political, governmental or military), and used strategically by one side of a conflict to humiliate, weaken, drive out or destroy the other ". According to her, these acts are part of warrior traditions. This phenomenon could still be observed in numerous armed conflicts, such as in Bosnia (1991-2001), in Guinea-Bissau (1998-1999), in Rwanda (1994), in the Democratic Republic of Congo (1996 to the present day). ) and more recently in Ukraine (2022-present).
Numerous obstacles still hamper repression, and thus encourage the repetition of these crimes.
A rather recurring phenomenon!
During the war in Former Yugoslavia (1991-2001), a large proportion of the recorded rapes were committed by elements of the Bosnian Serb armed forces and Serbian paramilitary groups. In this context, rape was used as a tactic of war, aiming not only to terrorize, injuring the enemy, but also to weaken it. We have also seen that rape can be used more particularly with the aim of defile ethnicity of a community: this was particularly the case in this war. Indeed, it has been demonstrated that members of the Serbian forces carried out rape and forced pregnancies with the aim of, according to the reported statement, of " pervert the race of the enemy » and endanger the future of the Bosnian community. In the Serbian custom, the "race" being transmitted through the father's lineage, the children resulting from the rapes of Bosnian women could then only be considered as full-fledged Serbs.
This strategy, which can be summed up as the practice of rape with the aim of sullying the ethnicity of a community, has also been observed in the east of the DR Congo. As explained Evelyne Josse : “ Hutu fighters from Rwanda used this tactic with the aim of forcing Congolese women to give birth to children bearing their cultural identity, with the aim of establishing themselves civilly in the area they militarily occupy.
Rape in the context of armed conflict can have several other objectives than those mentioned above. They were practiced, for example, with the aim of contaminating rival communities through the spread of the HIV/AIDS virus. This, Amnesty International reports, was the method used during the abuses during the genocide. Rwandan from 1994.
Rape has also been used, in certain other situations, with the aim of destroying and/or eradicating future generations of a given population. Thus, when rapes are accompanied by genital mutilation by the destruction of the reproductive functions of female victims. This was observed in Guatemala, the conflicts in Sudan and Rwanda.
THE Dr Mukwege, Nobel Peace Prize 2018, since his findings from the Panzi hospital in South Kivu, has often exposed by denouncing the twists and turns of cruelty and their terrible consequences on the victims. Gynecologist and human rights activist in DR Congo, he devoted his life to performing reconstructive surgery with the aim of allowing female victims to rebuild themselves[1].
A feeling of shame and humiliation is then observed among the victims when rape, used as method of war, took on a publicity character (atrocities inflicted in the presence of family members or with the knowledge of relatives). This collective dimension further destroys the victim as well as the affected community by impacting them psychologically.
More recently, this issue of rape and sexual assault practiced as war tactics was brought to light, in the context of the war in Ukraine. We can therefore note, by the indictment of Russian fighters on Ukrainian territory, a awareness contemporary global policy, which highlights a global policy approach against the impunity of these crimes.
Thus, Pramila Patten, the United Nations special rapporteur, believes that “the rapes and sexual assaults that have been attributed to Russian forces in Ukraine clearly constitute a military strategy and a tactic to dehumanize the victims.” According to her, the first cases of sexual violence surfaced “three days after the start of the invasion of Ukraine” (February 24, 2022). There would have been testimonials of Ukrainian women who specified that Russian soldiers were even equipped with Viagra, which would deliberately show a “military strategy”. By denouncing these crimes in this way, Ms Patten, even a fight against impunity for these castigated crimes. This would be the reason why she went to Ukraine in May 2022, in order to send a strong message to rapists and attackers, that “the world is watching you, and it will not be without consequences!” Following the findings of the special rapporteur, the UN was able to launch investigations directly on the ground. It was found " more than one hundred of cas » of rapes and sexual assaults in Ukraine since the start of the war. It is important to note, however, that it remains complicated to have sufficiently reliable statistics while a conflict is ongoing. Indeed, at this stage the investigators' figures will not be able to reflect the reality on the ground.
Finally, in September 2022, a report of the International Commission of Inquiry independent confirmed the existence of crimes against humanity committed by Russian forces, and according to testimonies collected, the age of the victims of sexual violence varies from 4 years to 82 years.
Children are not spared
In conflict zones, as we have just seen with regard to the recent Russo-Ukrainian conflict, children also suffer massacres, breeding and recruitment into armed groups. They are victims of strikes targeting schools and essential water supply facilities; but also they are exposed, just like adults, to rape and mutilation.
International humanitarian law requires armed forces and groups to take measures not only to protect civilians, but also to pay particular attention to the protection of children, who are particularly vulnerable in times of war.
By its resolution 1612 (2005), the United Nations Security Council addressed the protection of children in armed conflict. As there are proven links between the employment of children either as soldiers and/or sex slaves, the Secretary-General should establish the mechanism for monitoring and reporting on children and armed conflicts as proposed in paragraph 2 of its resolution 1539 (2004).
In a Press release “ children under attack in the escalation of the conflict in eastern DR Congo", UNICEF condemns violence against children in the province of North Kivu. More than half, 58% of 521,000 people displaced in Nyiragongo and Rutchuru following the fighting between the Congolese armed forces (FARDC) and the M23 rebels are under 18 years old. They are exposed to all the horrors of conflict zones. Not only are they unable to continue their education, but they are also exposed to all forms of exploitation. Particular attention should be paid to their situation.
Obstacles promoting impunity
By addressing the subject of rape in times of war, we highlight a phenomenon that continues. If this is repeated over the years in current conflicts, can we assume that this is due to the ineffective repression of their authors? It should also be noted that it was only in 1998 that sexual crimes in times of armed conflict were included in the list of war crimes and crimes against humanity, through Articles 7 and 8 of the Rome Statute. . The latter establishes the International Penal Court (CPI in acronym) as a permanent international court which has the competence to try individuals responsible for the most serious crimes of international significance (crimes against humanity, war crimes, crimes of genocide and crimes of aggression).
It was only in 2016 that the ICC[2] experienced for the first time, with the trial of Jean Pierre Bemba, prosecutions including rape charges. The latter, in the end, will be acquitted for cause “serious errors during the investigation”. Taking into account the acquittal of Mr. Jean Pierre Bemba, we can observe that there would therefore have been no definitive conviction (on the merits) stated by the Court which was limited only to procedural aspects. (on Form).
We could also try to explain the lack of effective repression by limits in the collection of evidence.
A first obstacle is first of all the question of recognition of the aggressor. There is evidence that victims rarely identify their attackers. This is because these crimes are often committed in contexts where the victims could not distinguish their attackers, but also because the crimes were perpetrated by many attackers at the same time. The latter are then difficult to identify by the victims. In addition, there is a fear of reprisals from victims, in the event that they might recognize certain individuals as aggressors.
The second obstacle is medical. This is illustrated by the delays between the moment when the crimes take place and the moment when they are judged. This makes it difficult to collect scientific evidence (fingerprints, DNA, sperm, etc.). Added to this limitation in collecting scientific evidence are the difficulties and failure of medical infrastructures in countries in conflict. Which may explain the poor treatment of victims.
All these limitations in terms of resources highlight the lack of resources available to the International Criminal Court.
From the above, the recognition of victims is hampered by lack of judgment recognizing their suffering. As a result, the psychological assistance necessary for peaceful reintegration into the social fabric becomes difficult. They should, however, be protagonists in the reconstruction of lasting peace in their countries.
What are the ways to put an end to it/remedy it?
After having depicted a situation which shows the recurrence of rapes and sexual assaults in times of war, as well as the obstacles to work against, it is necessary to propose some avenues to put an end to them.
First, actions must be taken before (preventatively), during (through surveillance, denunciation and communication) and after the period of armed conflict (possible sanctions in the event of recurrence).
First, what could be done upstream is the protection and prevention of victims, that is to say, implementing activities to support at-risk groups, which are mainly women and children. This would eventually result in the inclusion of women in the implementation of actions that concern them. To this we could add the commitment of local authorities in terms of developing and adopting specific measures, against sexist violence for example. All these measures would support those already existing, such as the solutions proposed by the United Nations Development Fund for Women. The latter is an inter-agency network, made up of 13 UN entities, which campaign against sexual violence.
Another way to help put an end to these crimes is to fight against impunity as such. Indeed, international and regional organizations such as the United Nations, the International Criminal Court or even the European Union could strengthen the establishment of cooperation with local judicial authorities (which should have the necessary means to conduct investigations, establish and preserve evidence) by supporting them in ensuring compliance with international standards and regulations regarding rape and sexual assault in times of war. Even if this could already be the case, it is undoubtedly necessary for there to be a binding aspect for local judicial authorities, in order to avoid a perceived absence of effect. In addition, it also seems necessary to systematically establish in basic education the culture of respect for the physical integrity of the person from a young age, throughout the world.
We can add to this the need to better inform victims, both during and after the crimes. They will indeed have to be given access to the services to which they may be entitled. This is necessary because most often victims do not generally file complaints. It should also be noted that there are too few structures that allow them to receive rapid treatment, that is to say the time required to provide adequate care and collect evidence of the attack.
This information for victims can be done by local organizations, and with support from Belgian civil society. Concretely, this could result, for example, in collaboration with an association that acts locally, such as Médecin du Monde in Panzi in DR Congo, which provides assistance affecting several sectors, such as medical or psychosocial services.
Victims deserve concrete recovery actions. Not only because they need physical and psychological reparations, but also, they need legal reparation through the initiation of proceedings against the executioners. In the kingdom where impunity reigns, “ the silence must be broken ! » As Thierry Michel expresses it through his latest film: “ The empire of silence ".
Belgian civil society as well as international and regional organizations could contribute to putting an end to this type of crime through cooperation with local organizations with the aim of strengthening the fight for human rights, or even the protection of victims. In the same way, Belgian and European citizens can carry out a personal deconstruction of the issues linked to gender-based violence, which sometimes results in sexist behavior. This could be accompanied by support for civil society which not only fights against the violence committed, but which also works in prevention. Belgian diplomacy could not only demand respect for human rights and the bringing to justice of people who perpetrated rape during times of war, but also continue to support the maintenance of European sanctions against the perpetrators of these acts.
Rape and sexual violence still constitute a “ deflagration bomb ", a weapon of silent destruction whose damage continually affects direct and indirect victims.
Keren Chatat.
[1]In Koli Jean BOFANE, Colette BRAEKMAN, Guy-Bernard CADIERE, Jean-Paul MARTHOZ, Damien VANDERMEERSCH, Rape, a weapon of terror: in the wake of Doctor Mukwege, Mardaga-GRIP, Brussels, 2018 (preface by Dr Denis MUKWEGE)
[2]Elyse Kervyn, What role for the International Criminal Court? Justice and Justice and Peace Study, 2018
