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Global Justice Center Blog

Updating State National Action Plans to Ensure the International Humanitarian Rights of Women and Girls Raped in Armed Conflict

On the occasion of the Global Summit to End Sexual Violence in Conflict, the Global Justice Center encourages States to exercise global leadership on the protection of women and girls raped in armed conflict by updating their National Action Plans (NAPs) to include explicit language accepting their international humanitarian law obligations to provide non-discriminatory medical care, justice, and reparations to war rape victims.

Women and girls raped in war are among the “war wounded,” therefore protected under international humanitarian law (IHL) by the absolute prohibition on adverse distinction, including on the basis of sex. In reality, however, women and girls raped in war are regularly subjected to discrimination in the medical care they receive and in the justice, accountability, and reparations measures available to them. The prohibition against adverse distinction applies to how all IHL rules are implemented, and it is so fundamental that it constitutes customary international law. Adverse distinction is interchangeable with the term “non-discrimination:” in all cases IHL cannot be implemented in ways that are “less favorable” for women than men.

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How the US is Blocking Access to Safe Abortion Services for Women and Girls Impregnated by Rape in Syria

Throughout the Syrian conflict, Syrian government forces and government-controlled militia (Shabiha) have reigned terror over the civilian population. Alma, a victim of this violence, describes being held in a cell where she would kick and scream alongside 20 other women while they were drugged, blindfolded, and gang-raped.

In the worst embodiment of this campaign, rape is used as a weapon of war against Syrian women and girls. Alma continues, “I’ve been through everything! I’ve been battered, flogged with steel cables, had cigarettes in the neck, razor blades all over my body, electricity to my vagina. I’ve been raped while blindfolded everyday by several men who stank of alcohol and obeyed their superior’s orders, who was always there. They shouted: ‘You wanted freedom? Well here it is!’” A different victim illustrates the scene at a Syrian detention center in which a doctor visited each woman’s cell to note the dates of her period and to hand out birth control pills: “[w]e lived in filth, in blood, in [feces], with no water and barely any food. But we had such an obsessive fear of becoming pregnant that we took these pills scrupulously.” Still other victims of these crimes against humanity described situations in which their “bodies have become battlefields and torture chambers.”

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Justice for Girls in Nigeria

Every day, girls in Nigeria are at risk of being abducted solely because they dared to go to school. Boko Haram, an extremist group linked to Al Qaeda, has been terrorizing the Nigerian population for over a year and, as part of this assault on the population, has been abducting young schoolgirls at random. In a disturbing video released this week, the purported leader of Boko Haram detailed his plan to continue to kidnap these girls and then sell them in the markets. The kidnapped girls some as young as 12 years old, will be sold into sex slavery or as slave laborers. The sale of these girls will serve to finance the organization. These acts of kidnapping are an expression of the group’s opposition to the education of women and girls which they claim is based on a particular interpretation of Sharia law. These crimes also are a way to weaken and intimidate communities and maintain control over the Nigerian people through intimidation. As of now, over 270 girls have been abducted by the group, their whereabouts unknown, their families left with questions and fear.

Girls are an especially high-risk group when it comes to regions in conflict. Not only are they female, but they are children; in terms of vulnerability- the deck is stacked against them. The systematic targeting of women and girls in times of war is a common practice as, in many societies, the honor and purity of women and girls is inherently linked to the masculinity of their respective menfolk. To marginalize, attack, and exploit women is to dishonor and humiliate an entire community. Therefore, the injustices perpetrated against women are often overlooked and instead attributed as crimes against society as a whole. Therefore, when these war criminals are finally brought to justice, the crimes against women and girls are frequently overlooked. Quoted on this issue in Foreign Policy, our legal director Akila Radhakrishnan states that ”[the] failure to comprehend the specific experiences of girls impedes accountability, reparations, and rehabilitation efforts” and if sexualized violence is not addressed in war crime tribunals, it "renders justice meaningless for these survivors.”

In a press release issued on May 6th after the report of eight more abductions, “UNICEF calls on the abductors to immediately return these girls unharmed to their communities, and we implore all those with influence on the perpetrators to do everything they can to secure the safe return of the girls – and to bring their abductors to justice.” Not only is the international community demanding the safe return of these girls,  but for those responsible to be brought to justice. As long ago as last year, the International Criminal Court (ICC) reported that “there [was] reason to believe that Boko Haram had committed crimes against humanity, referring to reports of murder and persecution.” Now, a year later, these crimes have only increased with the addition of slavery and sexual slavery. It is absolutely necessary that these perpetrators are brought to justice as violators of international law and held accountable for their war crimes, including the sexualized violence and forced enslavement of these hundreds of girls. Every victim of deserves justice.