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Download paper Reproductive violence is a distinct form of sexual and gender-based violence (SGBV) targeting reproductive autonomy, a right protected under international law. The impacts of reproductive violence can be as profound, damaging, and long-lasting as those accompanying other forms of violence and can compound the pain of other forms of SGBV. Yet recognition of reproductive violence as a distinct harm has been overlooked historically, including in international investigations of atrocities, conflict, humanitarian crises, or other instability. International investigations often play a key role in guiding international responses to crises, and the omission of reproductive violence can thus have significant ripple effects: victims may go un- or under-recognized; vital reproductive services may be absent from humanitarian responses; prevention efforts may fail to address the risks and inflammatory impacts of this violence; and justice, accountability, and reparations efforts may omit reproductive harms from consideration. This paper analyses the documentation of reproductive violence to date by UN-mandated fact-finding and other investigative mechanisms. To enhance documentation going forward, the paper also provides guidance on the international law governing reproductive harms. The guidance explains how international criminal, humanitarian, and human rights laws prohibit reproductive violence—including forced pregnancy, enforced sterilization, forced abortion, forced contraceptive use, restricting access to reproductive care, destroying essential reproductive healthcare infrastructure, and other forms of reproductive violence. Powered By EmbedPress

The ICOE’s independence and impartiality have been seriously undermined by its reliance on the Office of the President of Myanmar for financial and technical support, as well as by the composition of the Commission itself, which includes at least one official directly implicated in the bulldozing of Rohingya villages damaged during the 2017 crisis in Rakhine State.

On January 20, 2020, Myanmar’s Independent Commission of Enquiry (“ICOE”) submitted its final report to Myanmar’s government. The report, which was initially due on July 30, 2019, was instead submitted three days before the International Court of Justice handed down its unanimous decision on provisional measures in The Gambia v. Myanmar. With the mandate to “investigate the allegations of human rights violations and related issues, following the terrorist attacks by ARSA,” Myanmar has relied on the work of the ICOE since its creation to object to international efforts, including those of the UN Security Council, to ensure accountability for the crimes against the Rohingya.