Sexual violence in armed conflict

264 Pages·2015·15.52 MB·English

Sexual violence in armed
conflict Volume 96 Number 894 Summer 2014 V Volume 96 Number 894 Summer 2014
o
lu
m
e
Editorial: Sexual violence in armed conflict: From breaking the silence, to 96
breaking the cycle N
u
Vincent Bernard, Editor-in-Chief and Helen Durham, Director of Law and m
b
Policy, ICRC er 8
Voices and Perspectives: After sexual violence: Paths to recovery 94
S
u
Q & A: The ICRC’s approach to sexual violence in armed conflict: In m
m
conversation with Peter Maurer e
r 2
Sexual violence in armed conflict: A polymorphous reality 01
4
Conflict-related sexual violence and the policy implications of recent
research
Elisabeth Jean Wood
Q & A: On Sexual Violence in Detention: Through the eyes of a
detention doctor
Interview with Raed Aburabi
Opinion Note: Letting go of the gender binary: Charting new pathways
for humanitarian interventions on gender-based violence
Chris Dolan
Humanitarian debate: Law, policy, action
The legal prohibition of rape and other forms of sexual
violence
Sexual violence in armed conflicts: A violation of international
humanitarian law and human rights law S
Gloria Gaggioli e
x
Domestic accountability for sexual violence: The potential of specialized
u
units in Kenya, Liberia, Sierra Leone and Uganda
Kim Thuy Seelinger a
l
Addressing/Responding to sexual violence in armed
v
conflict
i
Sexual violence, health and humanitarian ethics: Towards a holistic, o
person-centred approach l
Paul Bouvier e
n
Opinion Note: Responding to the needs of survivors of sexual violence:
Do we know what works? c
Doris Schopper e

Care for victims of sexual violence, an organization pushed to its limits: i
n
The case of Médecins Sans Frontières
Françoise Duroch and Catrin Schulte-Hillen a
Opinion Note: The risks of instrumentalizing the narrative on sexual r
violence in the DRC: Neglected needs and unintended consequences m
Laura Heaton
e
Book Reviews d
Aid in Danger: The Perils and Promise of Humanitarianism
Larissa Fast c
Book review by Michaël Neuman o
n
The Ironic Spectator
Lilie Chouliaraki f
l
Book review by Jean-Yves Clémenzo i
c
®
MIX t
Paper from
responsible sources Sexual violence in armed
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Cambridge Journals Online
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Editorial Team
Editor-in-Chief: Vincent Bernard
Editor: Mariya Nikolova
The Review is printed in English and is
Thematic Editorial Assistant: Elvina
published four times a year, in Spring,
Pothelet
Summer, Autumn and Winter.
Book review editor: Jamie A. Williamson
Annual selections of articles are also
Special thanks: Pascale Meige, Coline
published in Arabic, Chinese, French,
Rapneau
Aim and scope Russian and Spanish.
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Cross is a periodical published by the ICRC and Cambridge 19, Avenue de la Paix, CH 1202 Geneva Published in association with
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humanitarian law, policy and action in armed conflict and t [phone]
other situations of collective armed violence. A specialized e-mail: [email protected]
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Volume96Number894Summer2014
Humanitarian debate: Law, policy, action
Sexual violence in
armed conflict
CONTENTS
SEXUALVIOLENCE IN ARMED CONFLICT
427 Editorial: Sexual violence in armed conflict: From breaking the
silence, to breakingthe cycle
VincentBernard,Editor-in-ChiefandHelenDurham,DirectorofLawand
Policy, ICRC
435 Voices and Perspectives: After sexual violence:Paths to recovery
449 Q&A:TheICRC’sapproachtosexualviolenceinarmedconflict:In
conversationwith Peter Maurer
Sexual violence in armed conflict: A polymorphous reality
457 Conflict-relatedsexualviolenceandthepolicyimplicationsofrecent
research
Elisabeth Jean Wood
479 Through the eyes ofa detention doctor
Interview withRaed Aburabi
485 Opinion Note: Letting go of the gender binary: Charting new
pathways forhumanitarian interventionson gender-based violence
Chris Dolan
Thelegalprohibitionofrapeandotherformsofsexualviolence
503 Sexual violence in armed conflicts: A violation of international
humanitarian law and human rights law
Gloria Gaggioli
539 Domestic accountability for sexual violence: The potential of
specialized units in Kenya, Liberia, Sierra Leone and Uganda
Kim Thuy Seelinger
424
Volume96Number894Summer2014
ArticlespublishedbytheReviewreflecttheviewsofthe
authoraloneandnotnecessarilythoseoftheICRCorof
theReview.OnlytextsbearinganICRCsignaturemaybe
ascribedtotheinstitution.
Addressing/Responding to sexual violence in armed conflict
565 Sexualviolence,healthandhumanitarianethics:Towardsaholistic,
person-centred approach
Paul Bouvier
585 Opinion Note: Responding to the needs of survivors of sexual
violence:Do weknow what works?
Doris Schopper
601 Care for victims of sexual violence, an organization pushed to its
limits: The case ofMédecins SansFrontières
FrançoiseDurochand Catrin Schulte-Hillen
625 Opinion Note:Therisksofinstrumentalizingthenarrative onsexual
violence in theDRC: Neglectedneeds and unintended
consequences
Laura Heaton
Books and articles
641 Aid in Danger: The PerilsandPromiseofHumanitarianism
Larissa Fast
Book review byMichaëlNeuman
649 The IronicSpectator
Lilie Chouliaraki
Book review byJean-YvesClémenzo
655 New publicationsin humanitarian action andthe law
This selection isbasedonthe newacquisitions oftheICRC Library and
Public Archives
425

InternationalReviewoftheRedCross(2014),96(894),427–434.
Sexualviolenceinarmedconflict
doi:10.1017/S1816383115000442
EDITORIAL
SEXUAL VIOLENCE IN ARMED CONFLICT: FROM BREAKING
THE SILENCE TO BREAKING THE CYCLE*
Sexualviolencehasbeen,andtoalargeextentcontinuestobe,shroudedinsilence.
However, the dynamics behind it, including its prevalence and horrific toll on
individuals and societies, have been progressively better understood over the last
two decades. The conflicts in the former Yugoslavia and the Rwandan genocide
in particular lifted the veil and brought to the fore the suffering of women, men,
boys and girls, as well as their families and whole communities, as a result of
sexual violence.
The increasing public awareness and denunciation of the horrors of
sexual violence in armed conflict have been accompanied by significant progress
in a number of areas. A growing understanding of the consequences of sexual
violence has led to multiple initiatives from various humanitarian organizations,
United Nations (UN) agencies, civil society actors, governments, militaries and
academics. The development of the Statute of the International Criminal Court
(ICC) was seen by many, including large numbers of civil society organizations,
as a long-awaited opportunity to create clarity on this topic. Strong jurisprudence
on the prohibition and criminalization of acts of sexual violence during armed
conflict has also been developed by domestic, regional and international courts.
The ad hoc international criminal tribunals, in particular, have documented
horrendous episodes of suffering and have held individuals responsible for these
acts. From a humanitarian perspective, initiatives have included enhancing and
improving assistance and protection activities in this area. Additionally, the focus
has shifted from the particular plight of women in conflicts to a broader
approach, based on the vulnerabilities experienced by both men and women on
the basis of their gender and their sex.
Nonetheless,sexualviolencecontinuestobecommittedinthetwenty-first
century’s conflicts. While it remains extremely difficult to quantify due to its still
rather “invisible” nature, available estimates indicate that acts of sexual violence
are perpetrated on a large scale in various regions of the world today.1 Studies
have demonstrated that all types of actors in conflict, be they State armed forces,
* VincentBernardisEditor-in-ChiefoftheInternationalReviewoftheRedCross.HelenDurhamisDirector
oftheInternationalLawandPolicydepartmentoftheInternationalCommitteeoftheRedCross(ICRC)
andhaspublishedextensivelyonissuesrelatedtowomenininternationallaw.Theauthorswouldliketo
thankElvinaPothelet,EditorialAssistantfortheReview,forhercontributiontothisthematicissue.
©icrc2015 427
InternationalReviewoftheRedCross
non-State armed groups and/or multinational forces, have committed sexual
violence.2
Today,althoughweknowmoreaboutthecausesofconflict-relatedsexual
violence,itsmagnitudeandhumancost,thisknowledgehasyettobetranslatedinto
effective prevention and response activities.
Withthisissue,theReviewintendstocontributetothediscussiononhow
to further improve access to and quality of services to victims, while also crafting
effective prevention strategies. Following the Review’s editorial line, this issue is
multidisciplinary. In that respect, it echoes the idea that the fight against sexual
violence in armed conflict requires a cross-disciplinary effort, bringing together
expertise from areas such as health, political science, gender studies, history, law
and military ethics.
But before giving the floor to experts, the Review opens this issue with
the voices of persons who have survived sexual violence. They have agreed to
share how they worked to overcome the multiple ensuing challenges in their
lives.3 The Review expresses its deepest gratitude to them and hopes that
others may find support and guidance from these voices in their own path to
recovery.
A multidimensional trauma requiring a comprehensive response
Sexualviolencecanbebroadlydefinedasactsofasexualnatureimposedbyforce,
threat of force or coercion, or by taking advantage of a coercive environment or a
person’s incapacity to give genuine consent.4 It encompasses acts such as rape,
sexual slavery, enforced prostitution, forced pregnancy and enforced sterilization.
Sexual violence occurring in an armed conflict can be committed for strategic
purposes, opportunistically, or because it is tacitly tolerated.
1 AsreflectedintheMédecinsSansFrontièresdatasharedbyFrancoiseDurochandCatrinSchulte-Hillen
inthisissueoftheReview. SeealsotheSexualViolenceinArmedConflictDatasetelaboratedbythe
Harvard Kennedy School and PRIO, available at: www.sexualviolencedata.org/dataset/. For a
description of the dataset and some findings, see Dara Kay Cohen and Ranghild Nordas, “Sexual
Violence in Armed Conflict: Introducing the SVAC Dataset, 1989–2009”, Journal of Peace Research,
Vol. 51, No. 3, 2014, pp. 418–428. United Nations (UN) Secretary-General Ban Ki-moon has also
notedrecentlythattheyear2014wasmarkedbyharrowingaccountsofrape,sexualslaveryandforced
marriageincontextslikeSyria,NigeriaandtheCentralAfricanRepublic.SeeReportoftheSecretary-
General,Conflict-RelatedSexualViolence,23March2015,UNDoc.S/2015/203,availableat:www.un.
org/en/ga/search/view_doc.asp?symbol=S/2015/203.
2 Foranoverview,seethepiecebyElizabethJeanWoodinthisissueoftheReview.
3 Thanks to the support of ICRC field delegations, a series of interviews with beneficiaries from
humanitarian programmes has been conducted in Colombia and the Democratic Republic of the
Congo especially for this issue. See the “Voices and Perspectives” section of this issue, “After Sexual
Violence:PathstoRecovery”.
4 The ICRC has recently produced a fact sheet summarizing the definition of sexual violence in
international law. See ICRC Advisory Service on IHL, “Prevention and Criminal Repression of Rape
and Other Forms of Sexual Violence during Armed Conflicts”, available at: www.icrc.org/en/
document/prevention-and-criminal-repression-rape-and-other-forms-sexual-violence-during-armed.
428
Editorial
The human cost
Thehumancostofsexualviolencehasdifferentdimensions,asisstrikinglyapparent
from the testimonies of victims gathered by the Review. The consequences can
include severe and long-term effects not only on an individual’s physical health
(including the risk of contracting sexually transmitted diseases or developing
unwanted pregnancies), but also on their mental health. The social consequences
may also be dramatic, forcing victims into isolation due to the shame and stigma
which are too often associated with such violence, but also due to the fear of
rejection or reprisals. With all familial and social links broken, some victims are
left with no means of subsistence: most of the testimonies indicate that one of the
most urgent and important challenges that victims faced after the attack was
economic survival for themselves and their family.
Sexual violence has long remained insufficiently addressed by
humanitarian responders, often in view of their lack of expertise or their limited
capacities when also faced with people’s immediate “visible” needs for food,
water and/or shelter. Humanitarian organizations were possibly reluctant to
engage on this issue because of its highly sensitive nature and the risk of being
perceived as interfering with local customs or religious beliefs.
Generally, over time an improved understanding of the consequences of
sexual violence for victims has resulted in an enhanced ability to respond to their
needs. In this issue, Françoise Duroch and Catrin Schulte-Hillen share insightful
reflections on how Médecins Sans Frontières has progressively integrated health
care for victims of sexual violence into its general assistance to populations
affected by armed conflicts.
Raed Abu Rabi’s essay describes the particular needs of victims of sexual
violence in detention, and the corresponding support that the International
Committee of the Red Cross (ICRC) seeks to provide. Male victims of sexual
violence may also have specific needs. In this respect, Chris Dolan points out that
the growing recognition of men as victims of sexual violence has yet to be
adequately reflected in policy and practice in the humanitarian world.
Building a comprehensive response
Amajorfindingfrommoststudiesonsexualviolenceisthatitvariesdrasticallyin
nature and severity across contexts. These variations, as well as the victim’s own
situation, will determine the nature and amount of support each person will need.
If victims of sexual violence are to be effectively assisted and supported, it is
essential to take into account their multiple needs and provide a response that
respects their autonomy and dignity, as explained by Paul Bouvier in this issue.
Such a response may include the delivery of medical, mental and psychosocial
assistance, together with awareness-raising sessions with local communities,
economic support to the most vulnerable victims, and dialogue with authorities
to improve access to adequate support for victims, including legal measures, as
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InternationalReviewoftheRedCross
well as to prevent violations from occurring. This is at the heart of the ICRC’s
multidisciplinary approach, as described by ICRC President Peter Maurer in his
interview for this issue of the Review.
Despite the unprecedented attention dedicated to the problem, sexual
violence still remains to a large extent a silent and hidden crime. “You can’t
imagine what it’s like to stand in front of someone and say you’ve been raped. I
thought everyone knew what had happened so I tried to hide,” says I. L., one of
the persons who has testified anonymously for this issue of the Review. Victims
may be reluctant to come forward due to the fear of stigmatization or reprisals,
but they may also face material barriers when seeking help: geographical distance
from adequate medical infrastructure and the impact of conflict on health care,
cost of transportation, absence of qualified personnel due to poor security
conditions in the area, and so on. Because victims may find it difficult to report
their experience, the ICRC has chosen to adopt a proactive approach, assuming
that sexual violence occurs in armed conflict unless it can be proved otherwise by
an in-depth assessment. This allows the ICRC to be prepared to take remedial
actions and to work preventively wherever potential risks are identified and with
all armed actors likely to be involved in violence.
At the global level, numerous initiatives have aimed at improving
knowledge sharing among actors involved in the response to sexual violence.5
The June 2014 Global Summit to End Sexual Violence in Conflict, for instance,
gathered around 1,700 delegates and 123 country delegations.6 Trainings and
guidelines on how to respond to sexual or gender-based violence, and how to
better coordinate assistance,7 are now available to humanitarian practitioners.
Doris Shopper, however, underlines in her contribution the lack of evidence on
which to base humanitarian interventions, and reflects on how to improve this
evidence base.
Therelativelysuddenandmassiverecentattentiongiventosexualviolence
in armed conflicts may also have unintended detrimental consequences. Laura
Heaton questions the framing of the dominant narrative relating to sexual
violence as a “weapon of war”8 in the Democratic Republic of the Congo, In her
view, and there is a risk that the instrumentalization of such discourse might
5 Forprotectionstrategiesemployedagainstsexualviolencebyinternationalandregionalpeacekeepers,see,
forexample,UNWomen,StopRapeNowandUNDepartmentofPeacekeepingOperations,“Addressing
Conflict-RelatedSexualViolence:AnAnalyticalInventoryofPeacekeepingPractice”,October2012(1st
ed. June 2010), available at: www.resdal.org/wps/assets/04dananalyticalinventoryofpeacekeepingpracti.
pdf.
6 Buildingon the Declaration of CommitmenttoEnd SexualViolencein Conflict launchedat theUN
GeneralAssemblyin2013,theGlobalSummittoEndSexualViolenceinConflictledinteraliatothe
launch of the International Protocol on the Investigation and Documentation of Sexual Violence in
Conflict. See “Global Summit to End Sexual Violence in Conflict”, available at: www.gov.uk/
government/topical-events/sexual-violence-in-conflict.
7 Forreferences,seeDorisSchopper’sarticleinthisissueoftheReview,notes2–6.
8 Inherarticleforthisissue,GloriaGaggioliexplainsthatwhiletheterms“weapon”and“methodofwar”
areusefulinconveyingtheideathatsexualviolencemaybeusedasastrategyratherthanjustbeingaby-
productofwar,thesetermsshouldnotbeunderstoodinalegalortechnicalsense;sherefersinsteadto
sexualviolenceasan“unlawfulpolicy,tacticorstrategyduringarmedconflict”.
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