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Global Justice Center Blog

The 43rd Anniversary of the Helms Amendment

Asking Obama to sign an Executive Order to help women raped in war

by Eva Marie Wüst Vestergaard

Tomorrow is the anniversary of the passing of the Helms Amendment. On this anniversary, the Global Justice Center is asking President Obama to sign an Executive Order that would clarify a misinterpretation of this policy. A misinterpretation, which prevents women raped in war from receiving safe abortion services.

The Helms amendment states, “no foreign assistance funds may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions”.

The ban clearly stipulates it is referring to only abortion services as a “method of family planning” meaning it should not apply to cases that cannot be defined as methods of family planning. That would include instances of rape, incest, or if the “mother’s life would be endangered if the fetus were carried to term”. However, a Bush-era interpretation of the amendment did away with these exceptions, resulting in a total ban on abortion services around the world. The Obama administration has left this interpretation in place, and it is set to be continued by the Trump administration.

This misreading comes with serious consequences. It not only prevents foreign organizations that receive US funding from spending this funding on abortion services to rape victims, it also results in these organizations refraining from using other funding on such services in spite of having legal authorization to do so. This is due to the lack of a general clarification of what the policy allows and prohibits. This has a dangerous impact on rape victims in crisis settings who are faced with the choice of having to carry the child of their rapist or resort to unsafe abortions. This can result in extreme mental and physical problems for the victim’s health.

Therefore, before leaving office, Obama should sign an executive order clarifying how the Helms Amendment does not apply to cases that are not considered family planning. Even though this would be largely symbolic, it would be a move of great value, as it would force Trump to actively put these restrictions back in place. Trump would officially deny abortions to women raped in war and send the world a clear message on his stance on helping rape victims. Rape victims, such as the Yazidi women held captive and raped by ISIS - perpetrators that Trump himself has sworn to defeat.

GJC Weekly News Roundup

Tuesday, the European Parliament awarded the Sakharov Prize for Freedom of Thought to ISIS slavery survivors Nadia Murad and Lamya Haji Bashar. As the nominees voiced themselves, the EU must go beyond a prize and recognize the ongoing genocide of Yazidi and prosecute the perpetrators.

Wednesday, it was reported that women in Aleppo commit suicide to escape being raped by ISIS. The international community must act to stop ISIS from committing these non-killing crimes of genocide.

Wednesday, a study investigating the impact of having or being denied abortion on woman’s mental health was published. The study concluded that denying women abortion can affect the woman’s mental health negatively, and that abortion restrictions cannot be justified with the argument that it harms women’s health. Denying women safe abortion is in some cases can constitute torture and violate human rights.

Wednesday, the Obama administration finalized an amendment that protects Planned Parenthood and similar clinic’s federal funding. Abortion restrictions on US foreign funding has a huge influence on the humanitarian agenda, hindering women’s right to abortion around the world.

Wednesday, the Human Rights Council opened a special session discussing human rights issues, including gender-based violence such as rape, and the prevention of genocide in South Sudan. The international community must hold perpetrators of genocide to account and recognize gender components in genocide.

Photo: European Parliament

Global Justice Center on Genocide Prevention Day

Commemorating Yazidi women and girls

by Eva Marie Wüst Vestergaard

Today is the UN’s second International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime, also called Genocide Prevention Day. This day falls on the anniversary of the Genocide Convention, which was implemented on December 9 1948.

Genocide Prevention Day commemorates the victims of genocide, puts focus on the Genocide Convention, and acknowledges governments’ legal responsibilities to prevent genocide.

Gender and Genocide is a key issue in the work of the Global Justice Center. ISIS is currently committing genocide against the Yazidis, and strategically targeting Yazidi women and girls. Over 3,000 women and girls are enslaved by ISIS today. They are being raped, beaten, forced to have abortions, forced into marriage and forced into religious conversion. For the past two years, since this genocide began, Global Justice Center has been raising awareness of these atrocities.

Genocide is often associated with mass killings whilst alternate genocidal acts are less known. But the definition of genocide includes the following crimes:
- Inflicting bodily or mental harm including rape and torture
- Denying basic necessities such as food and water
- Preventing births including forced abortion and sterilization
- Kidnapping and detaining children

It is exactly these crimes that ISIS is committing against the Yazidis. Therefore, Global Justice Center commemorates Yazidi women and girls today on Genocide Prevention Day.

Yet, merely commemorating the victims of genocide is not enough. As United Nations Secretary-General Ban Ki-moon states, we must “recognize the need to work together more concertedly to protect individuals from gross human rights violations and uphold our common humanity.”

Governments, including the EU, must take sufficient action to recognize that ISIS is committing genocide against the Yazidis and punish them for their crimes, including by prosecuting them at international court such as the Hague. These steps would show ISIS that their actions are not tolerated, save thousands of Yazidi women and girls from enslavement, and stop this ongoing genocide of the Yazidis.