That’s Illegal! is the Global Justice Center's new podcast about the importance of international law, why we have it and why we should implement it. Each episode, GJC's legal experts and special guests discuss current events, break down the legality of what's happening and explore possible avenues for positive change.
In our latest episode we are joined by Sareta Ashraph, an international law barrister with expertise in humanitarian law and criminal law, to discuss the genocide ISIS is committing against the Yazidi.
Global Justice Center Blog
"That's Illegal" Episode 4: Genocide and Justice
Listen to GJC staff and Sareta Ashraph, an internationally-recognized attorney and expert in the field, discuss the ongoing genocide committed by ISIS against the Yazidi in "Genocide and Justice," a two-part epsode of our "That's Illegal!" podcast. Find us on iTunes and Soundcloud.
International Humanitarian Law And Access to Abortions: Compilation of Citations
Sexual violence in today’s armed conflicts is systematically used against civilians to demoralize, destroy, terrorize, and even change the ethnic compositions of entire communities. For instance, the ongoing Syrian civil war has seen an estimated 50,000 rapes. Women there describe being drugged, blindfolded, and raped in groups. In Iraq, ISIS has systematically abducted girls and women, held them in captivity, and repeatedly subjected them sexual violence including rape and sexual slavery. In Darfur, Sudan, where sexual violence has been used as a tactic of war for over 12 years, a 2015 attack in Tabit included the mass rape of over 200 women and girls in the span of three days. Finally, in Nigeria, Boko Haram openly targets young girls for kidnappings, forced marriage, rape, sexual slavery and other forms of gender-based violence.
Today, thousands of girls and women raped and impregnated in armed conflict are routinely denied abortions with devastating consequences. A girl or woman who is a victim of war rape and is denied an abortion when she wants one often has three options: (1) undergoing an unsafe abortion; (2) carrying to term an unwanted pregnancy; or (3) committing suicide. The denial of abortion services to these victims is both illegal and inhumane.
In the context of armed conflict, the rights of war victims are protected under international humanitarian law. Specifically, victims of war rape are part of a special class of people called “wounded and sick in armed conflict.” This status means they are entitled to comprehensive and non-discriminatory medical care provided solely on the basis of their condition. Failing to provide–or denying–a medical service needed only by one gender (i.e. abortion) violates these absolute rights.
Abortion as protected medical care under international humanitarian law has increasingly been recognized by states, international policy makers, and legal experts on international humanitarian law. This document complies language and citations of laws, policies, authoritative declarations of public officials, and legal treatises, that affirm abortion as protected medical care for girls and women raped in war under IHL.
GJC Weekly News Roundup

Friday, the New York Times published an editorial about the United States' mixed messages on human rights. While U.S. ambassador to the United Nations Nikki Haley emphasized U.S. commitment to human rights in her address last week, the editorial board writes, “In President Donald Trump’s transactional worldview, human rights are annoying obstacles to making deals.”
Friday, Devex reported that Sweden’s state secretary for international development, Ulrika Modéer, said that Nordic countries cannot fill the gap created by the U.S. Global Gag Rule alone. She said the European Union must take more action on family planning, and non-European countries need to join alliances for reproductive rights.
Monday, Canada released an International Assistance Policy that heavily focuses on gender equality. Within five years, Canada will allocate 15% of its international aid to gender equality programs. Its Women’s Voice and Leadership Program will direct funding to international grassroots organizations that promote women’s rights and gender equality.
Monday, Politico published an investigation into the gender imbalance in U.S. politics. It found that barriers like media and voter sexism, party influence, and fundraising have lessened in importance. Now, the gap stems mostly from the lack of women who run for office. Interest has spiked since the presidential election, however. Politico suggests a few strategies for encouraging this interest: identifying female candidates earlier, pushing women elected to bodies like school boards to run for higher office, and changing the sales pitch used to recruit women by framing politics as a way to fix problems.
Tuesday, the United Nations ruled Ireland’s abortion ban to be a human rights violation. In 2010, an Irish woman traveled to the U.K. to terminate her pregnancy when she learned that the fetus had a fatal birth defect. The United Nations Human Rights Committee released a decision ruling that Ireland owes her damages for the cost of the abortion and “high level of mental anguish.” The UN made a similar ruling on Ireland’s laws last year.
Photo credit: Dmitry Dzhus Flickr CC-BY-2.0
Canada’s New Foreign Aid Policy Recognizes the Ripple Effect of Women’s Rights

By Marie Wilken
On Friday, Canada’s Ministry of International Development released its Feminist International Assistance Policy, which refocuses Canada’s foreign aid on combatting gender inequality. Its unprecedented focus on gender sends a clear message about Canada’s dedication to women’s rights, and the policy will have a broader impact. The policy is an acknowledgement of the effect women’s rights have on poverty reduction, peace-building, and other humanitarian goals. While not the first country to create gender-based foreign aid policies, Canada provides a good example for and sharp contrast to countries like the United States, which—far from building foreign aid policy around feminist principles—has withdrawn funding from international women’s organizations through its Global Gag Rule.
With its new policy, 15% of Canadian foreign aid will be used for gender equality programs within five years, compared to the 2% dedicated to gender equality programs during 2015-2016. It requires all government projects to integrate a women’s empowerment and gender equality component, and existing programs and partners must involve local women in the decision-making and implementation of projects. As part of its international assistance policy, Canada announced the Women’s Voice and Leadership Program. The program will allocate $113 million (USD) over five years to support local women’s organizations in developing countries that are working to advance the rights of women and girls. These measures will make Canada the single largest contributor of bilateral funding to women’s rights organizations. (These policies have drawn some criticism, however, because they do not allocate new money to international aid and instead reallocate existing funds.)
Canada clearly considered the ripple effect of gender equality when forming their foreign assistance policy. Their press release highlights their motivation: “Canada believes that society is more prosperous, peaceful, secure and united when women’s rights are respected and women are valued and empowered in their communities.” And the research supports this. Many have acknowledged that investing in women and girls brings positive socioeconomic effects. The United Nations Development Programme (UNDP) found a strong and broad correlation between gender equality and human development. A UN Women report proved that gender equality programming amplified the effects of humanitarian action, improved access to and outcomes in education, increased access to food security, and more. Similarly, a University of Connecticut Economic & Social Rights Empowerment Initiative discovered a correlation between gender equality and economic and social rights fulfillment.
This policy builds on Canada’s previous commitments to international women’s rights. Canada promised $14.9 million (USD) to family planning services at the She Decides Conference in Brussels this year, and in response to the U.S. Global Gag Rule, Prime Minister Justin Trudeau put $483 million (USD) toward reproductive health rights and services. Other countries have adopted similar measures: the Netherlands created a large fund for women’s rights in 2008, and a couple years ago, Sweden applied a feminist approach to its entire foreign policy agenda.
Not all countries, however, have followed suit. Canada’s initiative starkly contrasts with the United States’ recent policies. While Canada has reinforced its commitment to reproductive rights and increased its funding for women’s groups abroad, the U.S. Global Gag Rule has restricted its aid to women’s groups by withholding funding from projects that provide abortion information or services.
Canada’s policy is exemplary not only because of its expected positive impact but also because of its reframing of gender issues. With this shift in the way humanitarian aid is delivered, Canada shows that gender equality and women’s rights are not just “women’s issues” that benefit only women; they are critical socioeconomic and security factors that benefit all of society.
Photo credit: Development Canada
