Janet Benshoof, Global Justice Center President, writes an article for the Democratic Voices of Burma explaining in depth Thomas Quintana's difficult position as UN Special Rapporteur on the Human Rights Situation in Myanmar.
Click here to read the full article.
An open letter written by the Global Justice Center to European Commissioner for Humanitarian Aid, Kristalina Georgieva urging that EU humanitarian aid for women raped in armed conflict respect their rights to non-discriminatory medical care under international humanitarian law.
So do we. In fact, so does the Obama administration and the Romney campaign, both of whom were quick to condemn Rep. Akin’s ill-advised remarks that women who are “legitimately” raped rarely get pregnant.
Akin’s statements are particularly shocking as they ignore the fact that rape is routinely used as a weapon of war in areas of armed conflict, particularly in areas of ethnic conflicts as a way to redefine ethnic composition, as in Darfur or Rwanda.
Yet, despite both Presidential candidates proclaiming Akin’s remarks as unacceptable, the fact is the United States currently hinders access to safe abortions for thousands of girls and women raped in armed conflict every day.
The United States Agency for International Development (USAID), which administers US humanitarian aid, puts a “no abortion clause” on every contract with NGOs, international organizations or even governments, preventing rightful access to safe abortion services for women – even in cases of rape or when the women’s life is in danger.
USAID’s position on this is clear and provides that “while USAID supports treatment for abortion-related complications, USAID does not support abortion as a means of family planning nor does USAID provide abortions in any circumstances.”
For this reason the Global Justice Center (GJC) launched the “August 12th” campaign last year – in commemoration of the anniversary of the Geneva Conventions. Under the Geneva Conventions girls and women raped in armed conflict are “protected persons” and entitled, as the “wounded and sick,” to “receive to the fullest extent practicable and with the least possible delay,the medical care and attention required by their condition.”
Therefore the US “no abortion” clause not only exacerbates the suffering of rape victims in war, it violates the rights of these victims under international humanitarian law.
On November 5, 2010 during the Universal Periodic Review of the United States by the UN Human Rights Council, Norway recommended that the US “remove its blanket abortion restrictions on humanitarian aid covering medical care given to women and girls raped and impregnated in situations of armed conflict.”
Since the launch of GJC’s “August 12th” campaign, more than 60 international organizations have written urgent letters to President Obama calling on him to lift the abortion restrictions. Among them are Amnesty International U.S.A., the New York City Bar Association, the Paris Bar Association, the Egyptian Center for Women’s Rights, Physicians for Human Rights, and the American Medical Women’s Association.
Most recently added to the call to lift the ban is a powerful letter from Women’s Synergie for Victims of Sexual Violence co-founder Justine Masika Bihamba, who works in the conflict area of Eastern Congo. To read Justine’s letter, click here. President Obama now has support from all over the world to lift these restrictions via an executive order.
In wake of the response to Rep. Akin’s remarks from both Democrats and Republicans alike, the US must now support its words through actions. It is time for President Obama to issue an executive order lifting the abortion ban and ensure that girls and women raped in war are also allowed to make their own health care decisions. A girl or woman impregnated by rape should not be forced to bear the child of her rapist – whether it is in the United States or in armed conflict zones around the world.
On August 12th, the anniversary of the Geneva Conventions, Akila Radhakrishnan and Kristina Kallas publish article in the Atlantic on how the US denies abortions to women raped in war.
Click here to read the full article.
July 1, 2012 marked the International Criminal Court’s 10th anniversary. The ICC was established by the Rome Statute which came into effect in 2002, creating the first permanent international court in history. Ten years later, critics and supporters alike are assessing the progress of the Court in achieving its goals of bringing to justice those responsible for the most atrocious human rights violations.
Over the past ten years, the ICC can claim a number of impressive achievements—many of which are especially remarkable for an institution lacking any law-enforcement apparatus of its own and which operates solely on the basis of cooperation with participating states. Currently, the ICC is working in seven situation countries and monitoring developments in seven others. In March this year, the ICC delivered its first judgment in a case concerning the use of child soldiers in the Democratic Republic of the Congo. Six cases are in the trial stage and nine others in pre-trial phase. These proceedings indicate a growing acceptance by governments and state actors that impunity for war crimes will no longer be tolerated by the international community.
In addition to its international legal role, the Court is also raising global awareness of human rights violations and the importance of providing an avenue of justice for victims. The ICC’s proceedings have emphasized, on a global scale, that children cannot be used as soldiers during hostilities, that sexual violence as a weapon of war is an unacceptable international crime, and that those in positions of power must safeguard the fundamental human rights of people caught in conflict.
Despite these achievements and successes, the ICC still faces many hurtles. Among these is the failure of the most powerful and influential countries in the world to ratify the Rome Statute, the unwillingness of signatory states to arrest wanted criminals, and accusations that the Court serves as a political tool of the West. To date, 121 countries have ratified the treaty and another 32 have signed the Statute, indicating an interest to join in the future. However, states like Russia, China, and the United States have refused to ratify the treaty due to a fear that it will result in their own political and military personnel being charged with war crimes or crimes against humanity. Many also view ratification of the treaty as an interference with their state sovereignty and an overreach of the international community into domestic affairs and legal proceedings.
The Court still faces many challenges to its authority and legitimacy within the global community. There are myriad complicated legal issues surrounding the prosecution of war criminals whose offenses have spread across borders and affected groups of people under the jurisdiction of multiple legal systems. However, the increased awareness that the Court has brought to the complicated legal issues involved in prosecuting war crimes has revealed the desperate need for an international body such as the ICC in which victims are given a means of achieving justice against perpetrators of war crimes and the valuable role that the Court plays in international justice. Though many obstacles remain to achieving the goals outlined by the Rome Statute, the Court’s accomplishments during its first ten years indicate a strong push in the direction of international justice and a promising future for the ICC and its influence on the international stage.
To read more about events commemorating the Court’s 10th anniversary, visit the official website.
Update: On July 10, 2012, the ICC issued its first sentence since its establishment ten years ago. To read more about the case, click here.
Post by: Adrian Lewis
