Revised: 21
April 2010: Released 16 April 2010
Humanitarian
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Humanitarian Intervention Initiative
Url: www.unarts.org/H-II
H-II: Darfur: Rape as a Weapon of War - 17 Fold Increase -
Crimes Against Humanity
By: Stephen Michael Apatow, Founder of Humanitarian Resource Institute
and the United Nations Arts Initiative. [1]
Rape has been used as a weapon of war in Dr Congo -- DR Congo
gang rape crisis 'spreading', new study says, BBC, 15 April 2010. [2]
Researchers from
Harvard University in the US examined more than 4,000 cases of sexual
assault from 2004 to 2008 and discovered that the number of rapes carried
out by civilians had increased 17-fold. Joseph Kabila, the DR Congo
president, has asked the UN to withdraw approximately 20,000 UN peacekeepers
that have been deployed in the nation since 1999. [3]
A short distance to the north, the Darfur crisis has been described as one
of the worst humanitarian crises in the world today. By the end of 2004,
there were an estimated two million people affected by continued armed conflict
and violence against civilians." [4] The Lancet notes conflict dynamics
such as changing displacement and causes of deaths estimated the excess
number of deaths to be approximately 300,000. Although violence was
the main cause of death during 2004, diseases have been the cause of most
deaths since 2005, with displaced populations being the most susceptible.
Any reduction in humanitarian assistance could lead to worsening mortality
rates, as was the case between mid 2006 and mid 2007. [5] In 2007, report
on the crisis in the Darfur region of western Sudan identified rape
as a systematic weapon of ethnic cleansing being used by government-backed
Janjaweed militiamen. [6]
On 15 April 2010, the Yale Genocide Studies
Program [7] provided the platform for solution oriented analysis of
the current humanitarian emergency in Darfur, moderated by Carina Ray,
Professor of History at Fordham University, co-editor of book "Darfur and the Crisis of Governance in Sudan." [8]
In turn, most coverage of the Darfur crisis provides only
a cursory understanding of the historical, economic, political, sociological,
and environmental factors that contribute to the conflict..... Darfur
and the Crisis of Governance in Sudan remedies this situation by bringing
together a diverse group of contributors from Sudan and beyond—scholars,
activists, NGO and aid workers, members of government and the Darfurian
rebel movements, and artists—who share a deep knowledge of the situation
in Darfur and Sudan. Together, they provide the most comprehensive, balanced,
and nuanced account yet published of the conflict's roots and the contemporary
realities that shape the experiences of those living in the region. The
cross-disciplinary dialogue fostered by Salah M. Hassan and Carina E. Ray
yields a comprehensive understanding of the causes, manifestations, and
implications of the ongoing conflict. -- Cornell University Press.
The importance of immediate coordinated international action was emphasized
in regards to:
- Comprehensive
analysis [9] of humanitarian emergencies [10] for solution oriented strategic
planning, stabilization and development.
- Genocide
or the deliberate and systematic destruction, in whole or in part, of
an ethnic, racial, religious, or national group. [11]
- Crimes
against humanity, as defined by the Rome Statute of the International Criminal
Court [12] Explanatory Memorandum, "are particularly odious offences in
that they constitute a serious attack on human dignity or grave humiliation
or a degradation of one or more human beings. They are not isolated or sporadic
events, but are part either of a government policy (although the perpetrators
need not identify themselves with this policy) or of a wide practice of
atrocities tolerated or condoned by a government or a de facto authority.
Murder; extermination; torture; rape and political, racial, or religious
persecution and other inhumane acts reach the threshold of crimes against
humanity only if they are part of a widespread or systematic practice." [13]
In the context
of international law, it appears the atrocities in Darfur reach
the threshold of crimes against humanity in the context of rape and political,
racial, religious persecution and other inhumane acts as crimes associated
with a widespread or systematic practice.
The Harvard Humanitarian Initiative [14] has published a number of program-specific
publications on topics like the Burden of War, Crisis Mapping & Early
Warning, Gender-based Violence in Conflict, and Humanitarian Effectiveness.
These include:
- Now,
The World Is Without Me: An Investigation of Sexual Violence in eastern
Democratic Republic of Congo: By: Susan Bartels, Michael VanRooyen,
Jennifer Leaning, Jennifer Scott, and Jocelyn Kelly, April 2010. [15]
- Nowhere
to Turn: Failure to Protect, Support and Assure Justice for Darfuri Women:
By: Karen Hirschfeld and Jennifer Leaning, May 2009. [16]
- Characterizing
Sexual Violence in the Democratic Republic of the Congo: Profiles of Violence,
Community Responses, and Implications for the Protection of Women:
By Jocelyn Kelly, Michael VanRooyen, Jennifer Leaning, and Will Kragin,
August 2009. [17]
- Applied
Technology to Crisis Mapping and Early Warning in Humanitarian Settings:
By Patrick Meier and Jennifer Leaning, September 2009. [18]
- Evidence-Based
Peacekeeping: Exploring the Epidemiology of Lethal Violence in Darfur:
By Alex de Waal, et. al., March 2010. [19]
- New
Technologies in Emergencies and Conflicts: By Diane Coyle and
Patrick Meier, UN Foundation-Vodafone Foundation, 2009. [20]
In the context
of international criminal human rights violations, rape, [21] honor
killings, [22] and female genital mutilation [23] are now a focus of the
UN Human Rights Council [24] with a call for classification as Crimes Against
Humanity [25]. International support for prosecution of these
crimes has intensified with evidence collection, photo, video documentation,
collaboration and victim protection in every UN member country. [26]
Sexual Violence in the Sierra Leone Conflict, presents
evidence of horrific abuses against women and girls in every region
of the country by the rebel Revolutionary United Front (RUF), as well as
other rebel, government and international peacekeeping forces. -- We’ll
Kill You If You Cry: Human Rights Watch. [22]
The United Nations reported that
as many as 5,000 women and girls worldwide were killed last year by
family members, "many of them for the 'dishonor' of having been raped."
-- In Turkey, 'Honor Killing' Follows Families to Cities: Washington Post
Foreign Service, 8 August 2001. [27]
Rule 96 which governs the testimony of victims of sexual
abuse and assault requires no corroboration of the victims testimony;
consent is not a defense if the victim has been subjected to or threatened
with violence, duress, detention or psychological oppression or if the
victim reasonably believed another would be so subjected if she did not
submit. - Patricia M. Wald, Dealing with Witnesses in War Crime Trials:
Lessons from the Yugoslav Tribunal, Vol 5, p. 222.
References
1. Stephen Michael Apatow, Founder of Humanitarian Resource Institute
and the United Nations Arts Initiative. Url: http://www.apatow.org
2. DR Congo gang rape crisis 'spreading', new study says, BBC, 15 April
2010. Url: http://news.bbc.co.uk/2/hi/africa/8621394.stm
3. Rapes 'surge' in DR Congo: Aljazeera,
15 April 2010. Url: http://english.aljazeera.net//news/africa/2010/04/201041595648701631.html
4. Darfur: One Year On: World Health Organization, 2004. Url: http://www.emro.who.int/sudan/pdf/Darfur%20report%202004.pdf
5. Patterns of mortality rates in Darfur conflict: The Lancet, Volume
375, Issue 9711, Pages 294 - 300, 23 January 2010. Abstract (article is
made available free of charge). Url: http://www.thelancet.com/journals/lancet/article/PIIS0140-6736%2809%2961967-X/abstract
6. Janjaweed Using Rape as 'Integral' Weapon in Darfur, Aid Group Says: The
Washington Post, 3 July 2007. Url: http://www.washingtonpost.com/wp-dyn/content/article/2007/07/02/AR2007070201627.html
7. Yale Genocide Studies Program:
Yale University. Url: http://www.yale.edu/gsp/
8. Darfur and the Crisis of Governance
in Sudan: Cornell University Press, Url: http://www.cornellpress.cornell.edu/cup_detail.taf?ti_id=5595
9. United Nations Agencies: World Map Url: http://www.un.org/aroundworld/map/
10: Countries and Emergencies: Reliefweb. Url: http://www.reliefweb.int/rw/dbc.nsf/doc401?OpenForm
11. The Prosecution of International Crimes. A Practical Guide to Prosecuting
ICC Crimes in Commonwealth States (2005). Url: http://vlex.com/vid/icc-crimes-43094182
12. Rome Statute of the International Criminal Court: Url: http://untreaty.un.org/cod/icc/index.html
13. As quoted by Guy Horton in Dying Alive - A Legal Assessment of
Human Rights Violations in Burma April 2005, co-Funded by The Netherlands
Ministry for Development Co-Operation. See section "12.52 Crimes against
humanity", Page 201. He references RSICC/C, Vol. 1 p. 360. Url: http://www.ibiblio.org/obl/docs3/Horton-2005.pdf
14. Harvard Humanitarian Initiative: Url: http://www.hhi.harvard.edu/publications/hhi-program-publications
15. Now, The World Is Without Me: An Investigation of Sexual Violence
in eastern Democratic Republic of Congo: By: Susan Bartels, Michael VanRooyen,
Jennifer Leaning, Jennifer Scott, and Jocelyn Kelly, April 2010. Url:
http://www.hhi.harvard.edu/images/resources/reports/hhi-oxfam%20drc%20gbv%20report.pdf
16. Nowhere to Turn: Failure to Protect, Support and Assure Justice for
Darfuri Women: By: Karen Hirschfeld and Jennifer Leaning, May 2009. Url:
http://www.hhi.harvard.edu/images/resources/reports/nowhere_to_turn.pdf
17. Characterizing Sexual Violence in the Democratic Republic of the
Congo: Profiles of Violence, Community Responses, and Implications for
the 17. Protection of Women: By Jocelyn Kelly, Michael VanRooyen, Jennifer
Leaning, and Will Kragin, August 2009. Url: http://www.hhi.harvard.edu/images/resources/reports/final%20report%20for%20the%20open%20society%20institute%20-%201.pdf
18. Applied Technology to Crisis Mapping and Early Warning in Humanitarian
Settings: By Patrick Meier and Jennifer Leaning, September 2009. Url: http://www.hhi.harvard.edu/images/resources/reports/whitepapers_f_11.pdf
19. Evidence-Based Peacekeeping: Exploring the Epidemiology of Lethal
Violence in Darfur: By Alex de Waal, et. al., March 2010. Url: http://www.hhi.harvard.edu/images/resources/reports/evidence-based%20peacekeeping_2.pdf
20. New Technologies in Emergencies and Conflicts: By Diane Coyle and Patrick
Meier, UN Foundation-Vodafone Foundation, 2009. Url: http://www.globalproblems-globalsolutions-files.org/pdf/UNF_tech/emergency_tech_report2009/Tech_EmergencyTechReport_full.pdf
21. A Landmark Ruling on Rape: New York Times. 24 February 2001.
Url: http://www.criminology.fsu.edu/transcrime/articles/A%20Landmark%20Ruling%20on%20Rape.htm
22. We’ll Kill You If You Cry: Human Rights Watch Url: http://hrw.org/reports/2003/sierraleone/sierleon0103.pdf
23. Female genital mutilation; World Health Organization. Url: http://www.who.int/mediacentre/factsheets/fs241/en/
24. UN Human Rights Council: Url: http://www2.ohchr.org/english/bodies/hrcouncil/
26. Interpol:
Genocide, War Crimes, and Crimes against Humanity. Url: http://www.interpol.int/Public/CrimesAgainstHumanity/default.asp
27. In Turkey, 'Honor Killing' Follows Families to Cities: Washington
Post Foreign Service, 8 August 2001. Url: http://www.library.cornell.edu/colldev/mideast/dilberk.htm
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H-II: Humanitarian Intervention Initiative
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