InvestigatinWomensRightsviolationArmedConflicts 2001

Investigating Women’s Rights Violations
in Armed Conflicts
CONTENTS
Preface .................................................................................... 7
Overview: Women’s Experiences in Armed Conflicts ..................... 9
Introduction .......................................................................... 11
1– STANDARDS FOR DOCUMENTATION OF ABUSES
IN ARMED CONFLICT SITUATIONS ....................................... 19
1. Body of Law and Standards .............................................. 20
2. IHL: Differences in the Laws of War ................................... 28
3. Nature of the Conflict: Differences between International
and Non-international Conflict.......................................... 30
4. IHL and States Which Have Not Ratified the Geneva
Conventions and/or the Protocols ..................................... 32
5. Peacekeeping Forces ....................................................... 33
6. Prohibitions Under IHL .................................................... 35
7. Protection of Women Under IHL ........................................ 39
8. Overview: Principles and Prohibitions ................................ 42
2– THE INTERNATIONAL CRIMINAL COURT

AND THE PROTECTION OF WOMEN ...................................... 45
1. The International Criminal Court ....................................... 46
© 2001 by Amnesty International Publications and the International Centre 2. Jurisdiction of the ICC..................................................... 47
for Human Rights and Democratic Development. 3. ICC Investigation Procedure ............................................. 48
All rights reserved. No part of this publication may be reproduced in any form 4. Accountability Under ICC Jurisdiction ................................ 48
without prior permission from Amnesty International Publications and the 5. Crimes Against Women .................................................... 49
International Centre for Human Rights and Democratic Development.
6. The Role of Victims in the ICC .......................................... 50
Legal Deposit: Bibliothèque nationale du Québec, second quarter 2001. 7. Protection of Female Victims and Witnesses ........................ 51
National Library of Canada, second quarter, 2001. ISBN: 2-9220084-33-7
8. The ICC and National Criminal Laws ................................... 54
Graphics by Brunel Design 9. General Advice to Human Rights Defenders ......................... 54
Revision by Janis Warne
Printing by Impart Litho inc.
Printed in Canada
2 Investigating Violations of Women’s Human Rights in Armed Conflicts Investigating Violations of Women’s Human Rights in Armed Conflicts 3
3– MONITORING ARMED CONFLICTS ........................................ 55 8– DOCUMENTING ABUSES OF REFUGEE WOMEN ......................155
1. Status of Women in the Country or Region.......................... 56 1. International Standards for the Protection of Displaced
2. Military and Political Context ........................................... 59 Populations ..................................................................156
3. The Role of Women in the Armed Forces ............................. 63 2. Abuses Committed Against Displaced Women .....................172
4. The Discourse of War and Gender....................................... 64 3. Factors Contributing to the Prevalence of Abuse .................176
5. The Impact of War .......................................................... 65 4. Investigation in a Camp for Displaced Persons:
6. The Impact of War on Women ........................................... 67 General Advice ..............................................................180
5. Investigating Living Conditions in a Camp: Instances or
4– DOCUMENTING INCIDENTS OF ABUSES ................................ 71
Patterns of Gender Discrimination ....................................186
1. Recording and Monitoring Allegations of Abuse ................... 75
2. Identifying Patterns ........................................................ 78 9– WOMEN IN POST-CONFLICT RECONSTRUCTION .....................193
3. Conducting Fact-finding................................................... 81 1. The Consequences of Rape and Sexual Violence ..................194
4. Assessing Allegations ...................................................... 87 2. Protection of Witnesses ..................................................197
3. Discriminatory Treatment Under the Law ...........................199
5– DOCUMENTING DELIBERATE AND INDISCRIMINATE ATTACKS .. 93
4. Women’s Political Participation ........................................202
1. Deliberate Attacks or Killings ........................................... 94
2. Indiscriminate Attacks .................................................... 96
3. Evidence and Information Required ..................................100 Appendix 1 ...........................................................................205
4. Challenges to Documentation ..........................................106 Extracts from Guiding Principles on Internal Displacement
5. List of Illegitimate Targets of Attacks ...............................112
6. Standards Related to Precautions to Prevent Civilian Appendix 2 ...........................................................................219
Casualties or Collateral Damages ......................................113 Extracts from the Code of Conduct for the International Red Cross
and Red Crescent Movement and NGOs in Disaster Relief
6– DOCUMENTING SEXUAL VIOLENCE .....................................117
1. Definitions ...................................................................118 Appendix 3 ...........................................................................223
2. Specific Cases ...............................................................128 Extracts from the Sphere Project Humanitarian Standards
3. Steps Involved in Documentation.....................................135 and Minimum Standards in Disaster Response
4. Evidence Required .........................................................140
5. Key Information Required ...............................................142
7– DOCUMENTING TRAFFICKING IN PERSONS ..........................145

1. Definition.....................................................................145
2. Advice for Documentation ...............................................148
GLOSSARY OF ACRONYMS
PREFACE
AFDL Alliance of Democratic Forces for the Liberation of Congo-Zaire
AI Amnesty International
CAT Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment The international community has increased its efforts to-
or Punishment wards the integration of women’s rights in human rights
CID Cruel, inhuman or degrading
CERD International Convention on the Elimination of All Forms of Racial
systems. There have been many developments towards a
Discrimination gender-sensitive interpretation of human rights law, in-
CEDAW Convention on the Elimination of All Forms of Discrimination Against Women
cluding the 1981 Convention on the Elimination of All
CODESRIA Council for the Development of Social Science Research in Africa
CRC Convention on the Rights of the Child Forms of Discrimination against Women; the Declaration
DRC Democratic Republic of the Congo on the Elimination of Violence Against Women adopted
ECOMOG Economic Community of West African States Peace Monitoring Group
FAC Congolese Armed Forces in December 1993; the appointment of a United Nations
FAO Food and Agriculture Organization Special Rapporteur on Violence against Women, its Causes
ICC International Criminal Court
ICCPR International Covenant on Civil and Political Rights and Consequences in 1994; and the Platform for Action
ICESCR International Covenant on Economic, Social and Cultural Rights of the September 1995 Fourth UN World Conference on
ICHRDD International Centre for Human Rights and Democratic Development*
ICRC International Committee of the Red Cross
Women.
ICTR International Criminal Tribunal for Rwanda
ICTY International Criminal Tribunal for the former Yugoslavia In monitoring the adherence of governments and the inter-
IDP Internally Displaced Persons national community to these agreements and treaties, it is
IHL International Humanitarian Law
IOM International Organization for Migration important to have accurate and consistent documentation of
IPTF International Police Task Force women’s rights violations. In 1999, Amnesty International-
KFOR NATO Kosovo Force
LRA Lord's Resistance Army
London, Amnesty International Canada and Rights & Demo-
MLC Movement for the Liberation of Congo cracy joined forces to produce a series of publications that
NATO North Atlantic Treaty Organization address this need for standardized methods of research and
NGHA Non-Governmental Humanitarian Agency
NGO Non-Governmental Organization analysis.
OAU Organization of African Unity
OCHA United Nations Office for the Coordination of Humanitarian Affairs Written by Agnès Callamard of Amnesty International–Lon-
PTSD Post-Traumatic Stress Disorder
don, this series includes one manual, Gender Sensitive Re-
UDHR Universal Declaration of Human Rights
UN United Nations search Methodology, which was published in 1999, and two
UNCIVPOL United Nations Civilian Police case-study booklets: Documenting Human Rights Violations
UNDP United Nations Development Programme
UNDPKO United Nations Department of Peacekeeping Operations by State Agents: Sexual Violence (1999) and this current
UNHCR United Nations High Commissioner for Refugees booklet Investigating Violations of Women’s Human Rights
UNICEF United Nations Children's Fund
UNITA National Union for the Total Liberation of Angola in Armed Conflicts (2001). There are three other case stud-
UNMIBH United Nations Mission in Bosnia and Herzegovina ies to be published in this series on 1) women’s human
UNOHCHR United Nations Office of the High Commissioner for Human Rights
UPDF Uganda People's Defense Force
rights violations by private actors, 2) women’s human rights
VWU Victims and Witnesses Unit violations in the community, and 3) the economic and
WHO World Health Organization
social causes of human rights violations.
* On April 1, 2000, the International Centre for Human Rights and Democratic Development adopted a short
name, Rights & Democracy.
The manual provides a step-by-step description of a gender-
Overview
sensitive approach to research and suggests ways of ad-
dressing the specific challenges faced by women’s rights WOMEN’S EXPERIENCES
workers. The booklets each focus on the monitoring and IN ARMED CONFLICTS
documenting of specific categories of women’s rights viola-
tions. They help the reader prepare for fact-finding mis- 1. Women experience armed conflicts mostly as ci-
sions, provide guidelines for the collection and analysis vilians and constitute the majority of refugee and
of evidence, and include a checklist for conducting inter- internally displaced adult populations. They face
views. increased responsibilities in a context of increased
vulnerability and economic hardship.
The series is geared to local activists and non-governmental
2. As civilians, women, along with children and elderly
organizations, as well as governmental and United Nations
people, are often the primary victims of deliberate
agencies who work to collect and disseminate information
or indiscriminate attacks or bombings of villages and
on violence against women. The booklets are published in
cities.
a practical format for field workers.
3. Violence against women in armed conflict situations
We are very proud to be contributing to the global efforts
is predicated on the sexualization of women and their
to recognize women’s rights as human rights. This initiative
role as transmitters of culture and symbols of nation
represents our desire to acknowledge the importance of
or community: women experience armed conflicts as
gender-sensitive research and the standardized methods of
sexual objects and as female members of ethnic, ra-
documenting violence against women. We hope that this
cial, religious, or national groups.
series continues to be a useful tool for our partners and
colleagues in the field who help ensure that women’s rights 4. Women in war are the victims of deliberate ‘gendered’
violations do not go unnoticed or unpunished. forms of violence and persecution, such as rape and
sexual slavery, which are weapons of war. They are
also subjected to deprivation of food and eviction
from their homes.
Alex Neve, Secretary General
Amnesty International-Canada (English Section) 5. The consequences of having experienced any, or all,
of these violations remain for many years and, for
a significant number of women, for the rest of their
Warren Allmand, President lives. These consequences may be medical problems,
Rights & Democracy psychological disorders, infertility, life-threatening
diseases such as AIDS, forced impregnation, etc.
INTRODUCTION
6. There is a world-wide regime of impunity character-
ized by violence against women in armed conflicts, It is now common knowledge that the majority of people
which stems from, or includes, several dimensions: killed in modern warfare are civilians. Current estimates
– a world-wide regime of gender discrimination and are that about 75% of those killed in war are civilians, a
the existence of a continuum of violence that ties proportion that has risen steadily from 10% to 15% at the
conflicts and non-conflict situations together;1 beginning of the century.2
– a world-wide regime of silence surrounding gender- Less commonly known, but just as daunting, is the fact
based violations and sexual violence in particular; that the majority of the civilian population in conflict
– a lack of recognition that many of the violations situations, and therefore the majority of those targeted for
occurring in armed conflict situations constitute abuses, is composed of women, girls and boys, either inside
violations of human rights and humanitarian law; the region at war or displaced outside. Armed conflicts are
– a lack of governmental accountability in bringing not (or not only) about men in battlefields nor are they
perpetrators to justice; gender-neutral exercises in destruction. In fact, throughout
– an absence of legal redress, compensation or repa- the duration of a war and thereafter, women and men, and
ration for female victims. indeed, femininity and masculinity, play very specific roles
It is therefore important for human rights and women’s which are subsumed, described and determined by military
activists to document women’s rights violations in armed and political objectives. Furthermore, common to almost all
conflict situations, and to disseminate knowledge about experiences of warfare is the intersection between gender
women’s experiences in conflict situations. and nationalism or other identity markers such as ethnic-
ity, race or religion. Women and children are especially
likely to be targeted for a whole range of abuses, many of
which (such as sexual violence or abduction of children)
are based on the military and political use that can be
1 “The war does not create the conditions whereby women are invisible,
made of the gender or age of the victims, in addition to
whereby gendered-based violations are not recognized as such, whereby rape their race or ethnicity.
is a stigma, whereby women are ostracized if they dare report on sexual
violence; these are all present “before” and “after” the conflict begins. These Indeed, recent investigations conducted by human rights
are all present in countries that will not necessarily qualify as societies in
a state of war. What evidence and testimonies are pointing out to is that
activists and the International Criminal Tribunal for the
women do face extraordinary forms of violence in times of war and armed Former Yugoslavia and for Rwanda have clearly demonstrated
conflicts but that this violence is also somehow related to their status as
that the targeting of victims and the forms of the abuse were
women, their situations within the home, the community and the society at
large.” See Agnès Callamard, “Breaking the Collusion of Silence” in Common
Grounds: Violence Against Women in War and Armed Conflict Situations,
edited by Indai Lourdes Sajor (Quezon City: Asian Center for Women’s 2 D. Smith, War, Peace and Third World Development, Occasional Paper 16, Human
Human Rights, 1998), p.63. Development Report Office, UNDP, New York, 1994.
based on gender as well as being compounded or determined violence, women activists have struggled to bring a gender-
by other identity markers, such as ethnicity or race. Hence, based analysis and actions to the male-dominated and
the men and boys of Srebnijca were specifically targeted masculine world of warfare. Their combined efforts have
by Serbian troops because of their gender, ethnicity and re- allowed many formerly ignored women’s voices to be heard
ligion, then killed and “disappeared,” while Rwandan Tutsi and for their calls for justice, redress and reparation to
women were raped in the thousands, many of them also break the wall of silence5. Such efforts have also revealed
mutilated, before being killed during the 1994 genocide. the situation of women in the context of peacekeeping op-
erations and post-conflict situations,6 and highlighted the
Violence against women in the context of an armed conflict
persistence of gender-specific abuses and the absence of
is not accidental: it is, indeed, a weapon of war, that is,
a gender-sensitive perspective in post-conflict reconstruc-
a tool used to achieve military objectives such as ethnic
tions7.
cleansing, spreading political terror, breaking the resis-
tance of a community, rewarding soldiers, intimidation This manual is part of that global effort. It seeks to provide
or for extracting information. “The threat and the act of human rights defenders with some of the tools necessary to
rape is often used as a weapon against community identity, monitor and document women’s rights abuses in a context
especially where ethnic or religious purity is at stake.”3 of armed conflicts and immediately thereafter, and more
generally, to strengthen the capacity of individuals and
The gender-based nature of armed conflicts is nothing new.
Historical accounts of warfare, from antiquity to today organizations to monitor and document abuses, and to inte-
are replete with incidents and evidence highlighting the grate a gender perspective into their work. It is based on
gender-based victimization of women and men and the the realization that these objectives constitute essential ele-
specific abuses suffered by individuals because of their ments in the global effort of ensuring a gender perspective
gender4. But it has taken many centuries for these accounts not only with respect to the prevalent understanding of
to penetrate the hegemonic and ideological construction armed conflicts, but also peacekeeping efforts and opera-
of warfare (men on a battlefield) and to begin reforming
the dominant analysis of war, peacemaking and post-war 5 See the articles in Common Grounds: Violence Against Women in War and Armed
Conflict Situations, Indai Sajor, ed., ASCENT: Quezon City, Philippines, 1998.
reconstruction. This progress is recent, far from complete,
6 See, for example, the results of the gender audit conducted in Kosovo: Chris Corrin,
and owes much to the existence and relentless campaigns Gender Audit of Reconstruction Programmes in South Eastern Europe, the Case of
of the global women’s movement. Especially concerned Kosova, Montréal and New York: Urgent Action Fund and the Women’s Commission
for Refugee Women and Children, 2000.
with the prevalence of gender-based discrimination and
7 Some of the problems identified include gender and cultural stereotypes; the failure
to appoint women to key decision-making positions; the failure to acknowledge
3 Panos Institute, 1995, p.8. women’s roles within the emergent political system; the marginalization of
4 See for instance the various articles in Gender and Catastrophe, Ronit Lentin, female heads of households; the international community’s lack of interest in
ed., London and New York: Zed Books, 1997; What Women Do in Wartime, mainstreaming issues of gender within their political and policy-making processes;
Meredith Turshen and Clotilde Ywagiramariya, ed., London and New York: Zed the serious lack of suitable feminist trainers in all areas within the staffs of local
Books, 1998 . See also Jeanne Vickers, Women and War, London and New Jersey: and international NGOs and UN agencies; the lack of gender balance in the jobs
Zed Books, 1993. available with NGOs, UN and OSCE operations; etc.
tions, post-conflict reconstruction, and more generally killings, are difficult to document with accuracy in all
victims’ access to justice, redress and remedies. circumstances but especially so if access to the scene and
to witnesses is not possible.
This manual is, arguably, incomplete — it does not claim
to cover all abuses suffered by women during warfare, and The second challenge has to do with the nature of the
neither does it purport to provide the readers with a critical legal framework within which human rights workers must
analysis of the legal framework and jurisprudence pertain- operate. Although there exists an impressive body of law
ing to conflicts. Instead, it aims to present human rights regulating the conduct of armed conflict, documentation
activists with some guidance to monitor and document and public reporting of and public advocacy on violations
women’s rights abuses, and to assist them in overcoming to the rules of war have been neglected (especially when
some of the problems they will meet in their work. It is a compared, for instance, with reporting on violations of
fact that documenting abuses in armed conflict situations human rights law). A key obstacle to an enhanced and
is an activity full of risks and challenges. effective reporting role is the absence of any framework or
methodology for applying abstract legal norms to concrete
In the first place, human rights activists and the survivors
factual situations, an obstacle further complicated by the
they wish to meet and interview face many security risks
fact that many of these rules were drafted by military
and practical difficulties because of the war itself. Human
experts, and therefore may require some military expertise
rights defenders all over the world face enormous pressures
to understand their meaning and implications in real-life
and dangers as a direct consequence of their activities
situations.
on behalf of human rights. These pressures and dangers
are especially heightened in situations of armed conflicts. The third challenge is linked to the nature of the violations
Activists on the ground and survivors of abuse face the being investigated, namely women’s rights abuses. Many
entire gamut of risks associated with remaining in a war victims of gender-based violence in armed conflicts are
zone, such as indiscriminate attacks, as well as those aris- reluctant to talk about their plight. Reasons for the silence
ing directly from the monitoring work, including reprisals have been well-documented. They include pressure from
against themselves, or their families. Access to regions at the parties to the conflict, the government, the family
war may be dangerous and difficult, even impossible, and or community; continuing violence or conflict that pre-
gathering testimony and meeting victims or witnesses may vents women from reporting; fear of reprisals; shame and
be especially complicated and risky both for the monitors social stigma attached to certain types of violence against
and the individuals they seek to meet. The extreme polar- women, such as rape; fear of the consequences of report-
ization and divisions within the society, along with the ing, such as facing rejection and alienation, divorce, being
propaganda generated by all parties to the conflict, greatly declared unfit for marriage as a result of rape, and severe
complicate the task of verifying and assessing information, economic and social obstacles to their livelihood.
and of identifying the perpetrators. Some violations of
international humanitarian law, such as indiscriminate
The aforementioned challenges have informed the writing In the following two chapters, the manual focuses on spe-
of this manual. All of its sections aim to provide the reader cific abuses: deliberate and indiscriminate attacks on civil-
with an understanding of the international legal frame- ians and sexual violence, and provides the readers with
work, in the first place although not exclusively, interna- definitions and examples, and advice on how to document
tional humanitarian law, legal definitions of some types these abuses.
of abuse, and methodological advice for documenting such
Chapter Seven, written by Madeleine Rees, deals with traf-
abuses. This manual also identifies general principles and
ficking in humans, with special reference to the context of
advice on security and monitoring, documentation, and
peacekeeping operations.
fact-finding.8
Chapter Eight of the manual discusses a specific category
The first chapter of this manual seeks to provide activists
of victims (displaced women) and the conduct of investiga-
with an overview of international human rights standards
tions into the types of abuse they may face in the context
and International Humanitarian Law (IHL), which governs
of displacement and in camps.
the conduct of warfare. An understanding of both human
rights law and IHL is essential to the task of human rights The final chapter, written by Dyan Mazurana, identifies and
monitors, as they identify what is and what is not permis- defines some of the types of abuse suffered by women in
sible in an armed conflict situation, and constitute the post-conflict situations, and provides guidance for docu-
norms against which allegations of abuses are assessed. mentation.
The second chapter, written by Barbara Bedont, concen- It is the wish and hope of all those who have contributed to
trates on the International Criminal Court, a major break- this manual that it will facilitate the research and advocacy
through in the struggle against impunity. work of human rights activists who, through the investiga-
tion of allegations and public reporting of their findings,
The third chapter of this manual focuses on monitoring. It
seek justice for the victims, and an end to the abuse.
identifies the various subjects that may require monitoring
and the key questions guiding the work. Through our combined efforts, we can ensure that the
voices of women in armed conflicts and post-conflict situ-
The fourth chapter presents some advice and steps per-
ations are not silenced, we can gather evidence for the
taining to documentation. This work includes systematic
time when justice can be served. We can also shape knowl-
reporting, identifying patterns, conducting fact-finding,
edge and human memory, overturn traditional versions
and assessing the information.
of warfare and history, and fill those gaps left unheard,
uncovered, or unspoken, except, often enough, by the
8 To be read in conjunction with Agnès Callamard, Ukweli: Monitoring and Documenting
victims and the perpetrators themselves.
Human Rights Violations in Africa, Amsterdam and Oxford: Amnesty International
and CODESRIA, 2000; and Gender-Sensitive Research Methodology, Montréal: Amnesty
International and ICHRDD, 1999.
Agnès Callamard
STANDARDS 1
FOR DOCUMENTATION
OF ABUSES IN ARMED
CONFLICT SITUATIONS
The main body of standards governing investigation of
abuses in armed conflict situations is provided in interna-
tional human rights law and international humanitarian
law (hereafter IHL). The principles enshrined in IHL and
human rights law are essential to the task of documenting
women’s rights abuses in armed conflict situations. They
identify what is and is not permissible regarding the con-
duct of warfare, and therefore provide the necessary frame-
work to assess whether abuses have been committed.
Individuals should be entitled to the most protective provi-
sions of applicable international (or national) laws. Human
rights law and IHL should be regarded as providing cumula-
tive protection in situations of internal or international
conflict.
This chapter begins with an overview of the main bodies of
law and texts that may guide your work and then turns to
a further exploration of some of the principles and prohibi-
tions laid out in IHL.
1. Body of Law and Standards However, there are certain periods, referred to as public
emergencies (such as international or internal armed con-
1.1 International human rights law flicts), when a government may suspend the application of
certain rights. The suspension or cessation of these rights
Human rights law proclaims broad guarantees for the fun-
is referred to as derogation.
damental rights of all human beings. These guarantees are
found in the International Bill of Human Rights, which is Such derogations are strictly limited in terms of the rights
comprised of the Universal Declaration of Human Rights that can be suspended, the reasons for the derogation, and
(UDHR), the International Covenant on Economic, Social the period of time during which these derogations occur.
and Cultural Rights (ICESCR), the International Covenant
• Discrimination on the grounds of race, colour, sex,
on Civil and Political Rights (ICCPR) and the optional Pro-
language, religion or social origin is strictly prohibited
tocol to the International Covenant on Civil and Political
under all circumstances, including public emergencies;
Rights. The provisions of the covenants are binding on
states parties. • Some human rights can never be suspended, such as
the right to life, freedom from torture, freedom from
In addition, the United Nations (UN) has more specifically
slavery, freedom of thought, conscience and religion,
defined international human rights law in a number of
recognition as a person before the law, freedom from
treaties relating to various subjects or specific populations.
imprisonment for debt and freedom from retroactive
They include the Convention Against Torture and Other
penal legislation. These rights are referred to as non-
Cruel, Inhuman or Degrading Treatment or Punishment
derogable rights.
(CAT), the Convention on the Prevention and Punishment
of the Crime of Genocide, the Convention relating to the • Derogation from other obligations under international
Status of Refugees, the International Convention on the law, and from international humanitarian law in par-
Elimination of All Forms of Racial Discrimination (CERD), ticular, is prohibited (see below).
the Convention on the Elimination of All Forms of Discrimi-
• Suspension of rights must be confined strictly to the de-
nation Against Women (CEDAW), and the Convention on
mands of the situation, i.e., a public emergency threat-
the Rights of the Child (CRC).9
ening the viability of the nation.
Human rights standards are universal and indivisible: all
In other words, even during periods of armed conflict,
human rights apply to all human beings.
fundamental human rights standards continue to apply. For
instance, armed conflicts do not deprive women of their
right not to be killed or to suffer crimes of sexual violence
or other forms of torture.
9 For further information on international human rights, please refer to Women’s
Human Rights Step by Step, Women’s Rights Project, Women, Law & Development
International and Human Rights Watch, Washington DC, 1997.
1.2 International humanitarian law (IHL)
ARTICLE 4 OF THE ICCPR
Humanitarian law and human rights law are two separate
1. In times of public emergency which threatens the life branches of public international law, but they do share a
of the nation and the existence of which is officially pro- common goal: to protect all human beings.
claimed, the states parties to the present Covenant may
take measures derogating from their obligations under the Because IHL was designed specifically to prevent viola-
present Covenant to the extent strictly required by the tions during periods of armed conflict, it covers in greater
exigencies of the situation, provided that such measures detail specific situations and categories of persons, such
are not inconsistent with their other obligations under as wounded soldiers or hors de combat and civilian popula-
international law and do not involve discrimination solely tions, and identifies specific obligations of parties to a
on the ground of race, colour, sex, language, religion or conflict. (For instance, IHL has numerous provisions for the
social origin.
medical care of persons).
2. No derogation from Articles 6, 7, 8 (paragraphs 1 and 2),
Humanitarian law safeguards the most basic human rights
11, 15, 16 and 18 may be made under this provision.
in the extreme situation of armed conflicts. IHL is also
3. Any state party to the present Covenant availing itself known as law of war or law of armed conflict. International
of the right of derogation shall immediately inform the humanitarian law has two main objectives:
other states parties to the present Covenant, through the
intermediary of the Secretary General of the United Na- • It seeks to protect people in time of war who are not,
tions, of the provisions from which it has derogated and or no longer, participating in the hostilities.
of the reasons by which it was actuated. A further com-
• It seeks to limit the means and methods of warfare.
munication shall be made, through the same intermediary,
on the date on which it terminates such derogation. IHL applies during international armed conflicts, i.e. con-
flicts involving two or more national armies and non-inter-
national armed conflict such as civil war.
The main instruments of humanitarian law are found in the
four Geneva Conventions of August 12, 1949 and their
two additional protocols of June 8, 1977.
1.3 The International Convention on the sexual violence and rape as constituent acts of the crime of
Prevention and Punishment of the Crime genocide. These charges have been brought against persons
of Genocide accused of actually committing the acts as well as against
higher authorities in the same chain of command.
The International Convention on the Prevention and Pun-
ishment of the Crime of Genocide defines genocide as:
ICTR, Decision of September 2, 1998
Any of the following acts committed with the intent to de- THE PROSECUTOR VERSUS JEAN-PAUL AKAYESU
stroy, in whole or in part, a national, ethnic, racial or Case No. ICTR-96-4-T
religious group, as such [..]. (b) causing serious bodily
harm to members of the group; (c) deliberately inflicting Trial Chamber I also defined the crime of rape, for which there
on the group conditions of life calculated to bring about is no commonly accepted definition in international law. “The
its physical destruction in whole or in part; (d) imposing Chamber defines rape as a physical invasion of a sexual nature,
measures intended to prevent births within the group. committed on a person under circumstances which are coer-
cive. Sexual violence, including rape, is not limited to physical
Genocide is a crime under international law in times of invasion of the human body and may include acts which do
peace and armed conflict, irrespective of whether the con- not involve penetration or even physical contact,” the court
flict is deemed international or internal. elaborated. It noted that coercive circumstance did not need
to be evidenced by a show of physical force. “Threats, intimida-
Under certain circumstances, acts of rape, sexual slavery or tion, extortion and other forms of duress which prey on fear or
other sexual violence may also be characterized as constitu- desperation could be coercion.”
ent acts of the crime of genocide as defined in Article 2
of the Convention on the Prevention and Punishment of Numerous Tutsi women seeking refuge at the Taba communal
the Crime of Genocide (the Genocide Convention). The key office from the massacres were systematically raped and regu-
larly subjected to multiple acts of sexual violence by armed
element of the crime of genocide is the specific intent on
local militia. As one female victim put it during her testimony
the part of the perpetrator to physically destroy, in whole
in the Akayesu trial, “each time you met assailants, they raped
or in part, a protected group, namely a national, ethnic, you.” Mr. Akayesu encouraged these acts by his attitude and
racial, or religious group. Gender is not listed as a protected utterances, the Trial Chamber found. One witness testified that
group under the Genocide Convention. Nonetheless, target- Mr. Akayesu addressed the Interhamwe militia who were raping
ing a protected group through attacks against its female female victims thus: “Never ask me again what a Tutsi woman
members is sufficient to establish the crime of genocide.10 tastes like.”
The Office of the Prosecutor for both the International In its judgement, the Trial Chamber underscored the fact that
Criminal Tribunal for the Former Yugoslavia and the Inter- rape and sexual violence also constitute genocide in the same
national Tribunal for Rwanda has filed charges based on way as any other act, as long as they were committed with
intent to destroy a particular group targeted as such. The court
10 Contemporary forms of slavery, E/CN.4/Sub.2/1998/13.
1.5 The Convention Relating to the Status
held that sexual violence was an ‘integral’ part of the process
of Refugees11
of destruction of the Tutsi ethnic group. “The rape of Tutsi
women was systematic and was perpetrated against all Tutsi If most of your work and investigations take place with
women and solely against them,” the Chamber concluded. refugee populations (persons displaced outside their coun-
Furthermore, these rapes were accompanied by a proven intent try of origin), the UN Convention Relating to the Status of
to kill their victims. At least 2,000 Tutsis were killed in Taba Refugees will constitute an important legal tool for your
between April 7 and the end of June 1994, while Mr. Akayesu work. The goal of the 1951 Convention and 1967 Protocol
held office as bourgmestre.
is to provide protection to all refugees. The Convention
defines a refugee as someone who “[...] owing to well-
founded fear of being persecuted for reasons of race, reli-
1.4 The Convention on the Rights of the Child
gion, nationality, membership of a particular social group
The Convention on the Rights of the Child (CRC) is also or political opinion is outside the country of his [sic]
an important legal tool for monitoring and documenting nationality and is unable or, owing to such fear, unwilling
abuses. The CRC, the most universally ratified international to avail himself of the protection of that country [...]”
instrument, provides for the protection of children’s rights
to life, education, health and other fundamental needs. The Convention also identifies the various forms of protec-
These provisions apply equally in times of armed conflict tion offered to refugees, such as being protected against
and in times of peace. refoulement (the principle of non-refoulement prohibits
states from sending anyone against their will to a country
Article 1 of the CRC and most national legislation considers where they would be at risk of serious human rights viola-
anyone under the age of 18 a child. However, Protocol 2 tions) and being provided with assistance. The United Na-
of the Geneva Convention stipulates a minimum age of 15 tions High Commissioner for Refugees (UNHCR) has also
for enrolment in the armed forces. On January 21, 2000, sought to develop specific measures for refugee women.
a working group of the UN Commission on Human Rights They are included in Guidelines on the Protection of Refu-
completed a draft optional protocol to the CRC to establish gee Women (1991) and Sexual Violence against Refugees:
18 years as the minimum age for participation in hostili- Guidelines on Prevention and Response: Guidelines on the
ties. The draft optional protocol would also prohibit the com- protection of refugee women (1995). Both sets of guidelines
pulsory recruitment by governments who subscribed to it of stress that gender-related persecution is valid grounds on
persons below 18 years and ban recruitment or use in hostili- which to make an asylum claim. They also identify the
ties of persons under 18 by non-governmental armed groups. various forms of abuse suffered by refugee women during
their flight and in refugee camps, such as sexual violence
11 Please refer to Chapter Eight of this manual, Documenting Abuses of Refugee

Women.
and discrimination, the causes of this abuse and possible Hence, the four Geneva Conventions apply almost in their
remedies. Although the UNHCR guidelines do not form part entirety to international armed conflicts, with the excep-
of the legally-binding Convention, they provide the human tion of a single article, Article 3, which can be found in all
rights activist with essential tools to investigate refugee four conventions and which deals with non-international
women’s rights abuses. conflicts.
1.6 Guiding Principles on Internal Displacement The first Geneva Convention relates to the Amelioration of
the Condition of the Wounded and Sick in Armed Forces
Another important tool, which, however, is not yet legally
in the Field.
binding, is the recently developed Guiding Principles on
Internal Displacement (see Appendix One).12 The purpose The second Geneva Convention is entitled the Convention
of the Guiding Principles is to address the specific needs for the Amelioration of the Condition of Wounded, Sick and
of internally displaced persons (IDPs) worldwide by identify- Shipwrecked Members of Armed Forces at Sea.
ing rights and guarantees relevant to their protection. The
The third Geneva Convention is relative to the Treatment
Principles reflect and are consistent with international hu-
of Prisoners of War.
man rights law and international humanitarian law. They ap-
ply to the various phases of displacement, providing protec- The fourth Geneva Convention is particularly important to
tion against arbitrary displacement, access to protection the work of the human rights monitor as it is relative to
and assistance during displacement, and guarantees during the protection of civilian persons.
return or alternative settlement and reintegration. The Guid-
Common Article 3 of the Geneva Convention applies to
ing Principles will enable the human rights activist to moni-
armed conflict not of an international character. It ex-
tor situations of displacement and abuses against the IDPs.
pressly prohibits the following under any circumstances:
(i) violence to life and person;
2. IHL: Differences in the Laws of War
(ii) taking of hostages;
There are a number of differences in the laws of war, de- (iii) outrages upon personal dignity, in particular, humiliat-
pending on whether the conflict is international or not ing and degrading treatment;
(see below). The laws related to non-international armed
conflicts developed later and are less extensive than those (iv) the passing of sentences and the carrying out of execu-
related to international armed conflicts. tions without previous judgement pronounced by a
regularly constituted court.
In 1977, two protocols were adopted which contain rules to
12 E/CN.4/1998/53/Add.2: Guiding Principles on Internal Displacement, February further protect the civilian population against the effects
11, 1998. of hostilities.
Additional Protocol 1 covers international armed conflicts. your information and analysis would support this charac-
terization.
Additional Protocol 2 applies to non-international armed
conflicts, i.e. to all armed conflicts not covered by Protocol However, there are circumstances in which characterizing
1 in the territory of a High Contracting Party between a conflict as international or internal may be difficult and
its armed forces and dissident armed forces, or organized controversial.
armed groups that exercise control over a part of its terri-
In some situations, governments may strongly deny that
tory.
their armies are involved in a conflict on the territory of
another state. They may use armed groups to disguise the
You can therefore use IHL (Common Article 3 and Additional
Protocol 2) even when dealing with situations involving armed direct involvement of their national armies in a conflict
groups rather than national armies. and deny any responsibility for the situation. For instance,
the government of Rwanda has long denied that its army
has ever been directly involved in the conflict being waged
in the eastern part of the Democratic Republic of Congo
3. Nature of the Conflict:
(DRC), in which the national army of the DRC is opposing
Differences between International
armed groups. Under such circumstances, the international
and Non-international Conflict
community, through the UN Security Council, for instance,
The application of IHL depends on the type of armed con- may refrain from calling the conflict international.
flict. The rules that apply are different depending on wheth- In other situations, a conflict may begin, strictly speak-
er the conflict is of an international or internal character. ing, as a non-international conflict, in which the national
Therefore, determining the nature of the conflict is an army opposes armed groups, but may evolve into a conflict
important preliminary task. considered of an international nature when parties to the
In some circumstances, there can be no reasonable dispute conflict seek to establish an independent state and/or
as to the nature of a conflict, or authorities may have when outsiders intervene (i.e. the NATO operation allied
already decided what type of conflict it is. For example, the force in Kosovo).
government(s) and insurgent(s) involved may have them- In yet other situations, governments may deny that an
selves agreed on the nature of the conflict. An authorita- armed conflict is being waged within the territory of the
tive outside body [i.e. ad hoc tribunal, Security Council, state. They fear that accepting the application of the law of
International Committee of the Red Cross (ICRC)] may have armed conflict would grant legitimacy to the armed groups
given its opinion on which law is applicable. that they are fighting inside the country.
You may therefore agree with how parties to the conflict As human rights activists, you may therefore face situ-
or others have characterized the conflict (i.e. international ations in which you disagree with the prevalent charac-
or non-international). One would hope that, in most cases, terization of the conflict because the facts as you know
them contradict the proposed characterization. This may It is thus binding on all parties to a conflict, whether they
be especially the case when governments deny that their are states or armed groups, irrespective of whether or not
troops are involved in a conflict outside their territory. they are a party to the Geneva Conventions.
Under such conditions, you may decide that referring to The International Committee of the Red Cross (ICRC) con-
a conflict as international, and therefore countering the siders that one of the main principles embodied in Proto-
dominant propaganda, could be one of the important roles col 1 (and therefore applied to international con-flicts),
you can play. namely the principle of distinction between civilians and
military targets, constitutes a customary rule with respect
Similarly, you may also decide that Common Article 3 and/
to the conduct of hostilities. This means that the principle
or Protocol 2 may apply even where the government has re-
of distinction applies to all parties to a conflict, whether
peatedly denied that an internal conflict was being waged
or not they have ratified Protocol 1, and it applies to non-
within its territory.
international armed conflicts.
4. IHL and States Which Have Not Ratified

5. Peacekeeping Forces13
the Geneva Conventions
and/or the Protocols Since the UN deployed the first force in 1956, the use of
international peacekeeping forces has steadily increased.
Virtually every State is party to the Geneva Conventions of
By the end of 1994, 17 new missions had been launched
1949 and the tendency towards universal acceptance of the
with over 80,000 peacekeepers. Today’s peacekeeping forces
Additional Protocols has increased. As of March 31, 1995,
vary in their composition, and there is an increasing prac-
137 states were party to Protocol 1, and 127 were party
tice of carrying out joint peacekeeping operations, in which
to Protocol 2.
the UN cooperates with regional or other multilateral struc-
Furthermore, many principles enshrined in the four Geneva tures to put armed forces on the ground. Members include
Conventions and the two Protocols are considered ‘custom- different national militaries operating under the United
ary’ law. This means that they should be considered as Nations Department of Peacekeeping Operations (UNDPKO),
applicable whether or not a state has ratified these instru- police forces operating under the United Nations Civilian
ments and in situations involving armed groups rather than Police force (UNCIVPOL), and various military or security
national armies. forces jointly operating through structures such as the UN
and NATO in Europe, or through regional associations such
In other words, the IHL is an instrument that all national
as the Economic Community of West African States Peace
armies and/or armed groups must respect. For instance, the
Monitoring Group (ECOMOG) in Africa.
International Court of Justice, in Nicaragua v. USA, held
that Common Article 3 is an accepted element of customary
international law in addition to being a treaty provision. 13 This section was written by Madeleine Rees.
The composition of the security elements of the peacekeep- investigate or prosecute these individual abuses by their
ing forces depends on a Resolution of the Security Council. forces when part of peacekeeping operations. Documenta-
For example, in Bosnia and Herzegovina and Kosovo, the tion and advocacy is needed to ensure this takes place.
security presence involves both NATO and non-NATO troops One welcome development in 1999 that should contribute
and, of course, takes political interests into account. The to activists’ abilities to remedy abuses against women by
roles and powers given to both military and civilian peace- peacekeeping forces under the UN is the announcement by
keepers also vary according to the Resolution of the Secu- the UN Secretary General of regulations on the observance
rity Council. by UN forces of the principles of humanitarian law.
While peacekeeping missions include armed forces, they Human rights defenders should be able to prove that peace-
also often include humanitarian assistance and protection, keeping forces are obliged to respect human rights or hu-
as well as rights monitoring components (particularly as manitarian law. This may require investigating the type
the peacekeeping missions evolve into peacebuilding and of conflict (international or internal), as well as the agree-
long term development efforts) through UN agencies such ments under which the forces operate at the national and
as UNHCR, UNICEF, UNDP, FAO, UNOHCHR, WHO and others, international level. As a practical matter, you can refer
and may involve the ICRC, as well as international, national to the principles of individual criminal responsibility for
and local NGOs and aid agencies. abuses, in conformity with customary and human rights
treaty law for the protection of all persons, regardless
The rapid growth of peacekeeping missions in all their
of the nature of the conflict, and to the application of
forms necessitates vigilant training and monitoring of all
customary or humanitarian treaty law.
involved international and national personnel to ensure
their activities conform to international humanitarian and
human rights standards, as applicable. Key protections and 6. Prohibitions Under IHL
prohibitions that would benefit women found in all these
standards include the prohibitions against slavery and The provisions of the Geneva Conventions of August 12,
forced labour, including sexual slavery or forced domestic 1949 and Additional Protocols 1 and 2 of 1977 include a
work, coerced or servile marriage, forced prostitution, rape number of prohibitions.
and other forms of sexual assault, and other prohibitions The following is an ICRC summary of certain important
against gender-based violence. rules of conduct that apply to all armed conflicts:14
National forces are bound by international humanitarian
and human rights law as applied through their own state’s
legislation, and should be prosecuted for abuses under 14 Extract from Jean-Philippe Lavoyer, “Refugees and internally displaced persons:
international humanitarian law and the role of the ICRC” in International Review of
the relevant criminal law provisions. Practically speaking, the Red Cross, March-April 1995, Geneva, p.164. Founded in 1863, the ICRC has been
however, few governments have had the political will to mandated by the community of states, under the Geneva Conventions to work for
the faithful application of international humanitarian law.
• Protection of non-combatants: People who are not or nature of it on behalf of the civilian population, aid
are no longer taking an active part in hostilities (such agency personnel must be respected and protected.
as the wounded and sick, prisoners and civilians) must
This code of conduct also identifies the following general
be respected and protected in all circumstances.
categories of abuse, which are, unfortunately, commonly
• Civilians must be treated humanely, and the following perpetrated in armed conflict situations.
are especially prohibited:
• Killings of civilians or persons hors de combat (i.e.
– violence to their life and person, prisoners of war);
– all kinds of torture and cruel, inhuman or degrading
• Deliberate or indiscriminate attacks against civilians;
(CID) treatment,
– the taking of hostages, and • Torture of civilians and prisoners;
– the passing of sentences without a fair trial. • Attacks on hospitals and other medical infrastructure;
• The armed forces must always distinguish between civil- • Hostage-takings;
ians and combatants, and between civilian objects and
military objectives. It is prohibited to attack civilians • Unfair trials;
and civilians’ objects, and all precautions must be taken • Destruction of livelihood, etc.
to spare the civilian population.
When committed, many such abuses may constitute war
• It is prohibited to attack or destroy objects necessary to crimes, crimes against humanity, or grave breaches of the
the survival of the civilian population (i.e. foodstuffs, Geneva Conventions.
crops, livestock, drinking water installations and irriga-
tion works), and it is prohibited to use starvation as a 6.1. War crimes
method of warfare. War crimes are violations of the laws of war which are com-
• The wounded and the sick must be picked up and mitted by persons ‘belonging’ to one party to the conflict
cared for; hospitals, ambulances, and medical and against persons or property of the other side.
religious personnel must be respected and protected; The abuses considered as war crimes include wilful killing,
the emblem of the Red Cross or Red Crescent, which torture, rape and other forms of sexual violence, taking of
symbolizes this protection, must be respected in all hostages, intentionally directing attacks against civilian
circumstances; any abuse of misuse thereof must be populations or civilian objects, attacking or bombarding
punished. undefended towns or buildings that are not military objec-
• Parties to a conflict must agree to relief operations and tives and conscripting children under the age of 15 into
the humanitarian, impartial and non-discriminatory the national armed forces.
A single act can constitute a war crime. War crimes include The grave breaches are enumerated in Article 147 of the
crimes committed in both international and non-interna- fourth Geneva Convention relative to the Protection of
tional armed conflict. Civilian Persons in Time of War. They include the following:
6.2. Crimes against humanity – wilful killings;
– torture or CID treatment;
Crimes against humanity are crimes that are so egregious
that they are considered crimes against the international – wilfully causing great suffering or serious injury to body
community as a whole. or health;
– unlawful deportation;
A crime against humanity is defined in the Nuremberg
Charter as follows: – taking of hostages;
– extensive destruction and appropriation of properties;
Murder, extermination, enslavement, deportation, and
other inhuman acts committed against any civilian pop- – forced conscription into the forces of a hostile power.
ulation before or during the war, or persecutions on
political, racial, or religious grounds in execution of or 7. Protection of Women Under IH
in connection with any crime within the Jurisdiction of
the Tribunal whether or not in violation of domestic law Many of the prohibitions under IHL and especially those
of the country where perpetrated. related to the protection of civilians have direct implica-
tions for women. Women, along with children and older
Crimes against humanity can be perpetrated during peace
people, are particularly vulnerable to indiscriminate and
or international and internal wars. For one or more of the
deliberate attacks against civilian targets by parties to
abuses listed above to qualify as a crime against humanity,
conflicts and wars. These include food blockades as well as
it must be committed as part of a widespread or systematic
attacks on or destruction of foodstuff, crops, livestock, and
attack directed against any civilian population. In addition,
drinking water installations.
there is no requirement that the inhuman acts be motivated
by an intent to discriminate on political, racial, or religious In addition to measures meant for all civilians, IHL has
grounds, unless the crime of persecution is involved. taken some steps to include gender-specific measures and
prohibitions. In all, there are some 50 provisions in IHL
6.3. Grave breaches to the Geneva Conventions
that relate to non-discrimination or provide special protec-
You may often hear lawyers, judges, or activists talk about tion for women.
grave breaches. They are important because anyone who
commits a grave breach is subject to individual criminal Non-discrimination, one of the fundamental principles of
liability and universal jurisdiction. international human rights law, is also a key concept of
the Geneva Convention. IHL provides for the immunity of
all civilians without discrimination based on gender, from
any attack, and respect for persons who have fallen into and a distinction is drawn between torture and rape. The
the hands of the enemy. Men and women are thus equal fourth Geneva Convention, in its Article 27 states that
before the law.15 “Women shall be especially protected against any attack on
their honour, in particular against rape, enforced prostitu-
The Geneva Conventions include specific and detailed rules
concerning the special treatment of female prisoners of tion or any form of indecent assault.” Article 4, paragraph
war and civilian detainees. They can be summarized as 2 (e) of Additional Protocol 2 expressly prohibits “outrages
follows:16 against personal dignity, in particular humiliating and
degrading treatment, rape, enforced prostitution and any
PROTECTION OF FEMALE PRISONERS form of indecent assault.”
– A detained woman may be searched only by another wom- Do not find yourself limited by the language of the
an. Geneva Conventions.
– Women must be held in separate quarters, dormitories or
premises and their immediate supervisors must be women. Since they were first drafted, these texts have been inter-
preted to mean recognizing that gender crimes are implic-
– Separate sanitary facilities must be reserved for them.
itly included in all prohibitions.
– The authorities must take account of the gender of prison-
ers when using them for labour. Tribunals and experts have clearly demonstrated that
– The gender of the person concerned must be taken into many acts of sexual violence are torture and have included
account in the event of disciplinary punishment. them within the parameters of Common Article 3, war
– Pregnant women and mothers of small children are entitled crimes, crimes against humanity and grave breaches.
to supplementary food rations and regular medical atten- For instance, a UN Commission of Experts established to
tion. Women in labour must be admitted to a qualified investigate rape and sexual assault in the former Yugoslavia
institution where they will receive care equal to that given
concluded that “under international humanitarian law,
to the population as a whole.
rape and other sexual assaults are in most cases either ex-
pressly prohibited as such or can be categorized as ‘torture
However, as many women’s rights activists have consis-
or [...] other forms of CID treatment’ ‘wilfully causing great
tently noted, the text of the Geneva Conventions and the
suffering’ or other terms of this nature.”17 The experts
additional protocols are lacking in gender-sensitivity. Nei-
especially argue that the enumeration of grave breaches
ther Common Article 3 nor what are considered as grave
should not be considered as exhaustive. They further point
breaches explicitly include sexual violence. Furthermore,
out that during the Tokyo trials, rape was considered a
throughout the Geneva Conventions, sexual violence is
violation of “the laws and customs of war.” Although the
referred to as a crime of honour or against personal dignity
17 Final Report of the United Nations Commission of Experts established pursuant to
15 ICRC, Women and War, Geneva: ICRC Publications, August 1995, p.6. Security Council Resolution 780 (1992), Annex II: Rape and Sexual Assault: A Legal
16 Ibid., p.11. Study, S/1994/674/Add.2 (Vol. I), December 28, 1994, p. 5.
Geneva Conventions did not yet exist, the charges indicate
that rape was seen as a crime as serious as torture and Non-combatants must be protected in all circumstances:
People who are not or no longer taking an active part in
killing. Today, such a crime would be considered a grave
hostilities, such as the wounded and sick, prisoners and civil-
breach.
ians, must be respected and protected in all circumstances.
The International Criminal Tribunal for the former Yugos- Civilians must be treated humanely, and the following ac-
lavia has approved the indictments of individuals for tor- tions are especially prohibited:
ture based on allegations that the accused raped women
– violence to their life and person;
in detention. The indictment against Dragan Gagovic and
others alleged that the accused committed numerous acts – all kinds of CID treatment;
of rape, which constituted torture under the definitions in – the taking of hostages; and
the Statute of Crimes Against Humanity (Art.5(f)), grave – the passing of sentences without a fair trial.
breaches of the Geneva Convention (Art.2) or violations of
Sexual and gender crimes are specifically prohibited. They
Common Article 3 of the Geneva Convention (Art.3). may constitute torture or CID treatment, as well as war crimes,
This evolution in thinking has been given further pre- crimes against humanity, grave breaches of the Geneva Con-
eminence in the context of the creation of the Interna- vention or aspects of genocide. Some of these crimes include
rape, sexual slavery, enforced prostitution, forced preg-
tional Criminal Court (discussed in the next chapter of this
nancy, enforced sterilization, other forms of sexual vio-
manual).
lence, gender-based persecution and enslavement.
In fact, the ICC has sought to include a list of crimes of The armed forces must always distinguish between civilians
sexual and gender violence under the definitions of both and combatants, and between civilian objects and military
crimes against humanity and war crimes. The listed crimes objectives. It is prohibited to attack civilians and civilians’
are rape, sexual slavery, enforced prostitution, forced preg- objects, and all precautions must be taken to spare the civilian
nancy, enforced sterilization, other forms of sexual vio- population. Deliberate or indiscriminate attacks against
lence, gender-based persecution and enslavement. civilians are prohibited, as is the use of indiscriminate
weapons such as landmines.
The recruitment and use in hostilities of children under
8. Overview: Principles and Prohibitions the age of 15 is prohibited.18
18 Please note that the Convention on the Rights of the Child (which is now almost
In summary, some of the most important principles govern- completely ratified) generally defines a child as any person under the age of 18, but
ing the conduct of war and whose abuses you may need to was adopted in 1989 with the lower age limit of 15 as the minimum age for recruitment
and participation in hostilities. On May 25, 2000, the UN General Assembly adopted by
investigate can be stated as follows: consensus the Optional Protocol to the CRC on the involvement of children in armed
conflict. The new protocol raises from 15 to 18 years the minimum age for direct
participation in hostilities, for compulsory recruitment and for any recruitment by
non-governmental armed groups. However, under the Optional Protocols, the minimum
age for voluntary recruitment into government armed forces remains 15. At the time of
writing, a total of 68 countries had signed this Optional Protocol.
It is prohibited to attack or destroy objects indispensable
THE INTERNATIONAL 2
to the survival of the civilian population (i.e. foodstuff,
crops, livestock, drinking water installations and irrigation CRIMINAL COURT AND THE
PROTECTION OF WOMEN
works); it is prohibited to use starvation as a method of war-
fare.
The wounded and the sick must be picked up and cared for;
hospitals, ambulances, and medical and religious personnel
The international community is currently experiencing a
must be respected and protected; the emblem of the Red Cross
window of opportunity in which several mechanisms are being
or Red Crescent, which symbolizes this protection, must be
respected in all circumstances; and any abuse or misuse thereof created to enforce compliance with international humanitar-
must be punished. ian law (IHL). In the 1990s, two temporary tribunals were
set up by the United Nations Security Council to prosecute
Parties to a conflict must agree to relief operations of a individuals responsible for egregious crimes committed in
humanitarian, impartial and non-discriminatory nature on Rwanda and the former Yugoslavia. Now, an effort is under-
behalf of the civilian population; aid agency personnel must way to create a permanent court that will investigate and
be respected and protected. prosecute genocide, war crimes and crimes against humanity,
including crimes of sexual and gender violence.
The following gender crimes are explicitly included as
crimes within the jurisdiction of the Court:
• rape;
• sexual slavery;
• enforced prostitution;
• forced pregnancy;
• enforced sterilization;
• other forms of sexual violence;19
• gender-based persecution;20 and
• enslavement, which includes trafficking in persons, in
particular women and children.21
19 The Rome Statute for the International Criminal Court, UN Doc A/CONF.183/9
(July 17, 1998) [hereinafter Rome Statute], Art. 7(1)(g).
20 Rome Statute, Art. 7(1)(h).
21 Rome Statute, Art. 7(2)(c).
1. The International Criminal Court 2. Jurisdiction of the ICC
Once it is created, the International Criminal Court The ICC will be a ‘default’ court that will only act if the
(ICC) will constitute a mechanism for enforcing IHL and state that would normally have jurisdiction is unwilling
for seeking redress for crimes against women at the in- or unable to carry out the investigation or prosecution
ternational level. The ICC will be created once 60 states itself 24. This principle will encourage states to investigate
have ratified the ICC’s Statute, which was adopted in Rome and prosecute cases themselves if they prefer the case be
on July 17, 1998 (the Rome Statute). This ratification is handled at the national level rather than by the ICC.
expected to occur by 2003. The ICC will be located at the
The crimes within the jurisdiction of the Court are geno-
Hague, Netherlands, which also hosts the two temporary cide, crimes against humanity, war crimes and aggression.
tribunals on Rwanda and the former Yugoslavia, and the All of these, except the crime of aggression (which is un-
International Court of Justice. defined in the Rome Statute and will not come within the
The ICC will differ from the International Court of Justice, jurisdiction of the Court until a definition is adopted), are
which is a court that adjudicates conflicts between states contained in the Rome Statute.25
regarding violations of state obligations. The ICC, on the Under the Rome Statute, crimes against humanity include
other hand, will be a criminal court that will take action such acts as murder, enslavement, deportation or forcible
against individuals. It will be independent of the United transfer of populations, torture, rape and other forms of
Nations and the UN Security Council. It will be staffed sexual violence, apartheid and persecution. Some of these
by people with legal expertise in many areas, including acts have been further defined in the Rome Statute. The
violence against women or children. enumerated acts constitute crimes against humanity when
Two supplementary documents will be adopted which, to- committed as part of a widespread or systematic attack
gether with the Rome Statute, will comprise the body of directed against any civilian population 26.
law the ICC will draw on. These documents are entitled The war crimes listed in the Rome Statute include wilful kill-
Elements of Crimes (Elements) and the Rules of Procedure ing, torture, rape and other forms of sexual violence, taking
and Evidence (Rules)22. The Rules deal with the procedures of hostages, intentionally directing attacks against civilian
governing the conduct of proceedings and the rules relating populations or civilian objects, attacking or bombarding
to the disclosure and use of evidence. The Elements describe undefended towns or buildings that are not military objec-
what must be proven for the crime to be established by the tives and conscripting children under the age of 15 into
Prosecutor.23 the national armed forces 27. These crimes are based upon
22 Rome Statute, Art. 21. 24 Rome Statute, Art. 17.
23 These documents have been drafted by the Preparatory Commission for the 25 Rome Statute, Art. 6, 7, and 8.
International Criminal Court (PCNICC/2000/WGRPE/L.1-L.15 and PCNICC/WGEC/L.1
with addenda and corrigenda) The documents must be adopted by the first Assembly 26 Rome Statute, Art. 7.
of States Parties to become applicable to the Court. 27 Rome Statute, Art. 8.
the IHL discussed in the previous chapter. War crimes in- Rome Statute explicitly provides that a head of state or any
clude crimes committed in both international and non- person acting in an official capacity is not exempt from
international armed conflicts. criminal responsibility under the ICC 30. Thus, the ICC will
have the ability to prosecute all individuals regardless of
The ICC will only be able to take action regarding crimes
their status, including political leaders, military officials,
that take place after the Rome Statute comes into force.
and members of international forces, such as peacekeepers.
It cannot handle past crimes, unless they are ongoing. For
Moreover, a commander or civilian superior can be held
example, the crime of enforced disappearances of persons
responsible for crimes committed by his or her subordinates
may be a continuing crime if the refusal to acknowledge
in certain circumstances.31
the deprivation of freedom or to give information on the
fate or whereabouts of disappeared persons continues after However, there are several conditions that must be met
the entry into force of the Rome Statute. before the ICC can have jurisdiction over a case. In cases
where an investigation is triggered by a state party or by
the Prosecutor, the ICC cannot exercise its jurisdiction unless
3. ICC Investigation Procedure
one of the two states is a state party or gives its consent,
An investigation by the ICC into a situation may be initi- i.e, the state in which the crime occurred (territorial state)
ated by a referral from the Security Council, from a state and the state of the nationality of the accused (accused-
party, or by the Prosecutor acting upon his or her own nationality state)32. If these conditions are not met, the
initiative from any source, including victims or non-govern- ICC will not have the ability to prosecute an individual
mental organizations 28. This last method of ‘triggering’ a responsible for any crimes listed in the Rome Statute, unless
case will help to ensure that crimes against women are ad- the UN Security Council has referred the situation to the
dressed by the ICC by providing an opportunity for individu- ICC.
als and organizations to bring situations to the attention
of the Prosecutor. If the Prosecutor then decides to start an 5. Crimes Against Women
investigation, he or she must obtain authorization from a
Pre-Trial Chamber to proceed with an investigation.29 A list of crimes of sexual and gender violence is found
under the definitions of both crimes against humanity and
war crimes. As mentioned above, the listed crimes are rape,
4. Accountability Under ICC Jurisdiction
sexual slavery, enforced prostitution, forced pregnancy,
The ICC is primarily meant to hold accountable the military enforced sterilization and, with respect to war crimes,
and civilian leaders responsible for the worst crimes. The
30 Rome Statute, Art. 27.
28 Rome Statute, Art. 13. 31 Rome Statute, Art. 28.
29 Rome Statute, Art. 15. 32 Rome Statute , Art. 12.
other forms of sexual violence also constituting a grave participate in specific instances, for example, at the hearing
breach/serious violation of the Geneva Conventions 33 or, to obtain authorization for the Prosecutor to proceed with
with respect to crimes against humanity, other forms of an investigation,37 when the ICC determines a question of
sexual violence of comparable gravity .34 These crimes are jurisdiction and admissibility,38 before the ICC orders repara-
war crimes if committed in either international or non- tions39 and at appeals regarding orders for reparations.40
international armed conflicts.
Under the Rules, victims must apply to the ICC to par-
Two other gender crimes are included as crimes against ticipate in the proceedings. A victim may choose a legal
humanity: gender persecution 35 and enslavement, which representative. When there are a number of victims, a com-
includes trafficking in persons, in particular women and mon legal representative may be chosen by the victims
children.36 or by the Registrar. The legal representative may attend
and participate in the proceedings according to the orders
Several of the gender crimes are specifically defined in of the Chamber. The representative’s participation could
the Rome Statute. In addition to these specific definitions include questioning witnesses .41
found in the Rome Statute, the ICC will have reference to
the Elements. These two documents delineate the scope of
the crimes. 7. Protection of Female Victims
and Witnesses
Please refer to Chapter Four of this manual for a The Rome Statute contains provisions throughout to ensure
definition of these crimes. that female victims and witnesses, particularly victims of
sexual violence, will be protected.
7.1 Principle of non-discrimination
6. The Role of Victims in the ICC
The ICC is obliged to apply and interpret the law in
The Rome Statute envisages a more active role for victims a manner consistent with internationally recognized hu-
in the pursuit of justice. Victims will have the ability to man rights and without any adverse distinction based on
participate at appropriate stages of the proceedings, as grounds such as gender, for example. 42
determined by the ICC. Victims will also have the right to
37 Rome Statute, Art. 15(3).
33 Rome Statute, Art. 8(2)(b)(xxii) for international armed conflict, which uses the 38 Rome Statute, Art. 19(3).
term “grave breach” and Art. 8(2)(c)(vi) for non-international armed conflict, which 39 Rome Statute, Art. 75(3).
uses the term “serious violation.” 40 Rome Statute, Art. 82(4).
34 Rome Statute, Art. 7(1)(g). 41 Rules of Procedure and Evidence, UN Doc PCNICC/2000/INF/3/Add.1 (July 12,
35 Rome Statute, Art. 7(1)(h). 2000), Rules 91 (3)(a)(b) and (4).
36 Rome Statute, Art. 7(2)(c). 42 Rome Statute, Art. 21(3).
7.2 Special measures 7.5 Rules of procedure and evidence affecting
women and victims of sexual violence
The ICC must also take appropriate measures to protect
the safety, physical and psychological well-being, dignity Rules have been included that will ensure that irrelevant
and privacy of victims and witnesses, particularly when the evidence is not admitted by the defence to re-traumatize
crime involves sexual or gender violence. These measures victims. In particular, in cases of sexual violence, the ICC
may include in camera proceedings, the presentation of cannot infer consent by reason of the following:
evidence by electronic or other means and the withholding – any statements by or conduct of a victim in which force,
of evidence or information that could gravely endanger the threat of force, coercion or taking advantage of a coer-
security of a witness. 43 cive environment undermined the victim’s ability to give
7.3 Victims and Witnesses Unit voluntary and genuine consent;
– any statements by or conduct of a victim in which the
A Victims and Witnesses Unit (VWU) will be established
victim is incapable of giving genuine consent;
to provide protective measures and security arrangements,
counselling, and other appropriate assistance for victims – the silence of or lack of resistance by the victim.
and witnesses. 44 The VWU will work for the protection of In addition, the credibility, character or predisposition to
witnesses, victims who appear before the ICC and others who sexual availability of a victim or witness cannot be inferred
are at risk because of testimony given by such witnesses. by reason of the sexual conduct of that person. The Rules
This could include families or persons in a close personal further specify that evidence of the sexual conduct of the
relationship with the victims/witnesses. The VWU will be victim or witness shall not be admitted subject to the ICC’s
staffed with individuals experienced in dealing with trauma- power to admit evidence.48
tized victims, including victims of sexual violence.45
Rules have also been included to allow the ICC to protect
7.4 Reparations the confidentiality of communications made in professional
or other confidential relationships, such as counselling
The Court is also empowered to award reparations to vic- records of victims undergoing therapy. 49 The discriminatory
tims. Reparations include money or other measures meant practice in some countries of requiring the corroboration
to achieve restitution, compensation and rehabilitation. 46 A of the testimony of female victims of sexual violence is
trust fund will be established for the benefit of victims of explicitly prohibited.50
crimes within the jurisdiction of the ICC and their families.47
43 Rome Statute, Art. 54(1)(b), 57(3)(c), 64(2) and 68.

44 Rome Statute, Art. 43(6) and 68(4)
45 Rome Statute, Art. 43(6). 48 Rules of Procedure and Evidence, Rules 70 and 71.
46 Rome Statute, Art. 75. 49 Rules of Procedure and Evidence, Rule 73 (3).
47 Rome Statute, Art. 79. 50 Rules of Procedure and Evidence, Rule 63 (4).
8. The ICC and National Criminal Laws
In addition to being an international mechanism to which MONITORING ARMED
3
victims can turn for redress, the ICC will create an incentive
for states to take action nationally against crimes. As part of CONFLICTS
the process of ratifying the Rome Statute, states must adopt
legislation to implement their obligations to fully cooperate
with the ICC. This legislation will often be accompanied Monitoring is the long-term observation and analysis of the
by changes to national laws that will enable the states human rights situation in a country or region. It enables
themselves to investigate and prosecute the crimes under you to build an important data-base that can then be used
the jurisdiction of the ICC. Thus, for most states ratifying the to gain an understanding of the situation and its evolution
Rome Statute, national laws regarding genocide, war crimes in a country or region, to identify patterns of violations, and
and crimes against humanity, including the gender crimes it permits an informed assessment of individual allegations.
discussed above, will be strengthened. Monitoring consists of a systematic and consistent gather-
ing of information that may be related to human rights or
9. General Advice to Human Rights humanitarian violations, from a variety of sources.
Defenders
Although the ICC will not be set up for another few years, MAIN SOURCES OF INFORMATION
human rights defenders should monitor egregious viola- FOR MONITORING
tions of international law in order to be prepared when
the ICC is established. If the crimes have continued and – print media
continue to occur after the entry into force of the Rome – radio broadcasts
Statute, the ICC would potentially have jurisdiction over – government statements or reports
such crimes. A collection of well-documented information – military reports
will place human rights defenders in a better position to – statements or reports from armed groups
bring cases to the immediate attention of the Prosecutor.
– NGO reports
Human rights defenders also may draw upon the Rome – UN Agencies’ reports
Statute and the supplementary documents when working to – UN Security Council statements
change national standards. The Rome Statute was adopted
– statements and interviews of witnesses and victims
by 120 states at the end of a diplomatic conference, and
– individual allegations of human rights violations, etc.
as such, reflects a broad consensus regarding the current
status of international criminal law. The Rules of Procedure
The more detailed and complete your knowledge of the lo-
and Evidence are also indicative of the procedures and rules
cal and regional political and military climate and changes
of evidence comprising a fair trial.
to it, legal procedures, military events, structure and com- free to add any other elements that may be particularly
position of the military forces present, the more informed relevant to your countries.
and empowered you will be to assess allegations of abuse
1.1 International ratifications
and to establish responsibilities.
and implementation
Ideally, you should seek to gather information as regularly
– Ratification by the government of instruments such as
and from as many sources as possible. Events occur rapidly
the ICCPR, the ICESCR and the CAT;
in war situations, and reports and interpretations of a
single event may vary a great deal. – Ratification by the government of the Geneva Conven-
tion, its position on the use and sale of landmines, or on
The following is an overview of some of the information other weapons that kill indiscriminately;
you must gather and analyze.
– Ratification and implementation by the government of
CEDAW and/or the CRC;
1. Status of Women – Presence of any reforms, following ratification, to ensure
in the Country or Region that domestic laws and the Constitution respect the in-
ternational principles adopted by the state.
Armed conflicts cause dramatic changes and upheavals with-
in the regions concerned. These circumstances do not mean, 1.2 Legal status of women
however, that the ‘pre-conflict’ situation is irrelevant to your
– Existence of a constitutional equality provision;
research. To the contrary, information on the ‘pre-conflict’
dynamic is essential to retrace the origin of the conflict, – Whether women are treated equally in court;
to determine whether, why and how specific individuals or – Whether they can serve in the judiciary, in civil, customary,
communities are being targeted, and to understand the con- and religious courts, and whether they do, in practice;
sequences of abuse on individuals and communities. From a – Women’s treatment under family laws, including provi-
gender perspective, information on the situation of women sions concerning divorce.
in the years or months preceding the outbreak of hostilities
1.3 Political expression
may allow you to better understand the impact of the con-
flict on the status of women, why women may be specifically – Women’s voting rights and the extent to which they
targeted, the consequences of abuse for women, how com- exercise these rights;
munities may deal with sexual violence, whether there are – The percentage of women in political parties, government,
local or national remedies and infrastructure available to the parliament, etc.;
victims, etc.
– Women’s contribution to civil society and whether they
The following is a list of possible indicators related to the can express any dissatisfaction within their own politi-
status of women. It is not exhaustive, and you should feel cal and social movements.
1.4 Citizenship 1.9 Cultural expression
– Women’s access to citizenship and whether it is con- – Prevalent images of women and their place in the
trolled by father or husband; society.
– Whether a woman can pass her citizenship on to her
children. 2. Military and Political Context
1.5 Work and mobility In order to fully understand the conflict, you should seek
– Women’s place in the formal labour force (percentage to identify all the belligerents in the conflict and other
and evolution); actors, outside or within the region at war. This type of
– Taking into account the invisibility of women’s contribu- monitoring is essential to determine the nature of the con-
tion to labour, their role in agriculture and the informal flict, i.e. whether it is international or non-international.
sector of the economy. The more detailed and complete your knowledge of the
structure and composition of the armed forces, the more
1.6 Family
qualified and empowered you will be to establish responsi-
– Formation, duration and size of families; bility for allegations of violations.
– The age of marriage for women;
2.1 Gather information on the legal and
– Possibility of women to divorce their husbands; constitutional context
– Status of single women and widows;
– Legislation that may have been introduced immediately
– Whether women have freedom of movement, and how before or during the conflict;
much.
– Declared states of emergency and their implication on
1.7 Education individuals’ rights;
– Access of girls and women to education; – Laws regulating investigations, such as provisions for
– The level to which can they continue their education; immunity from prosecution;
– Whether the curriculum is the same for girls and boys, – Role of military courts;
and for women and men. – Any provisions for amnesty laws and their past use;
1.8 Health – Whether certain armed groups have their own systems
– Female mortality rate; of justice.
– Main causes of female deaths; 2.2 Gather information on the organization of
– Fertility rate; the armed forces and monitor changes
– Whether women have control over their own fertility. – Identify all participants in the conflict, such as govern-
mental armed forces, armed groups, paramilitary forces
and civilian defence forces; international, have, nevertheless, regional and international
– Monitor alliances between the armed factions; dimensions characterized by the covert or more open sup-
port and assistance of third parties, military and economic
– Identify the various troops belonging to each of the
transfers, and the involvement of the United Nations.
parties to the conflict;
Third parties, in general other governments, may provide
– Number of soldiers and names of troops;
parties to the conflict with political and diplomatic backing
– Main commander and chains of command — especially in international fora, military or economic assistance, finan-
establish who is responsible for holding the military cial support, safe haven for refugees or forces, etc.
accountable;
Mass human rights abuses are being carried out in many
– Procure codes of conduct and rules of engagement.
armed conflicts around the world by governments and
2.3 Gather information on methods of operation armed groups that are given virtually unrestricted access
and means of identification to small arms, light weapons and associated military equip-
– Identify the type of weapons usually used by specific ment and training. In many countries there is virtually no
units; effective public monitoring of the arms and security trade,
– Discover whether they rely on anti-personnel mines; and there is almost no monitoring or accountability of
– Identify the different uniforms and uniform colours of the end use of such arms in terms of international human
each troop; rights and humanitarian law criteria.
– Identify the ranking system; In many instances of armed conflict, credible evidence
– List the various types of transportation used by each reveals that military forces acquire arms financed through
troop or belligerent; trade in raw materials, such as diamonds, 51 copper and oil.
Multinational corporations, with economic interests in the
– List any other visible signs of identification (i.e. some
regions at war, have been said to play a role by directly
troops may be dominated by one linguistic group or they
supporting one or the other parties to the conflict in order
may use specific expressions);
to protect their operations.
– Discover whether there any preferred strategies or ways
of engaging;
– Monitor the reactions of the military and/or political
51 In recent years, the international community has begun to address this issue. The
leadership to allegations of abuses. UN Security Council Resolution 1173 (1998) specifically sought a ban on diamonds
from mines controlled by UNITA in Angola. UN Security Council Resolution 1306
2.4 Gather information on the international (2000), passed on July 5, 2000, imposes an embargo on the export of all rough
dimension of the conflict diamonds from Sierra Leone for 18 months, until the government of Sierra Leone
can establish a proper certification system for diamonds and regain full access
Armed conflicts involve many actors besides the armies en- to the diamond producing areas currently under the control of rebel forces. The
gaged in combat. All conflicts, even those described as non- resolution also asks the UN Secretary General to create a five-member panel to
study links between the diamond trade and arms trafficking.
Some of the key issues guiding your monitoring of the 3. The Role of Women
international dynamics of armed conflict may include the in the Armed Forces
following:
In general, women are less likely than men to be combat-
– Identification of international or regional backers, and
ants, and even when they are, they are less likely to engage
the nature of their support (political, military, eco-
in actual combat than their male counterparts. Research
nomic, etc.);
tends to show that women’s participation in war efforts
– The presence and functions of foreign military advisers; is far more traditional (nursing, cooking, etc.) than what
– Type of military assistance (i.e. military training or arms is portrayed by many armed movements and the media.
transfers) provided to the parties to the conflict before According to the Panos project, which interviewed some
war erupted, and during; 200 women in war situations, the women’s roles usually
– Identification of the national and/or international eco- consisted of providing support and care for male combat-
nomic actors in the region, such as mining companies, ants and victims, although they occasionally also worked
or diamond traders, and the international ramifications as couriers and in intelligence (Panos Institute, 1995).
of the trade; Some of the questions guiding your monitoring of the role
– Developments occurring within the United Nations or re- of women in the armed forces may include the following:
gional organizations (such as the Organization of Ameri- • Are there any women among the armed forces, includ-
can States or the Organization of African Unity), including the armed political groups?
ing resolutions, personal involvement of the UN Secre-
• What are their main functions?
tary General, peace negotiations;
• Are there any ‘women fighters’ on the front line? How
– Any restrictions to arms transfers, such as a UN Security
many?
Council arms embargo, and its enforcement;
• What is the role of women behind the front line?
– Bans on certain types of trade, such as the UN Security
Council ban on diamonds from mines controlled by the Na- • Has the role of the women in the governmental armed
tional Union for the Total Liberation of Angola (UNITA). forces and those of armed political groups evolved?
How? Why?
Possible sources: local and international media, local con-
tacts in the government, the armed forces, civil society, Possible sources: local and international media, jour-
journalists, UN Internet sites, military reference materials nalists, survivors of attacks and abuses, refugees, lo-
and journals, public reports from foreign countries, mili- cal women’s NGOs, medical personnel, ex-combatants,
tary experts, etc. etc.
4. The Discourse of War and Gender
Possible sources: local and international media, in-
Armed conflicts are also waged through the media, which cluding television and radio broadcasts, print media,
are usually controlled by parties to the conflict. Monitor- journalists, official reports and speeches, women’s
ing of the media can often give you an overview of nation- activists and NGOs.
alist or ethno-nationalist ideologies, and their evolution.
Articles and speeches may target specific individuals or
communities, and incite or justify violence against them. 5. The Impact of War
They also provide an avenue to analyze the treatment,
persecution and role of women during the conflicts. Armed conflicts have an impact on all aspects of life in the
regions at war. The impact may be best measured in terms
Some of the specific issues guiding your review and analysis of peoples’ enjoyment of their political, civil economic,
of speeches, declarations, written statements, etc., made social or cultural rights. Civilians fall victim to deliberate or
by war or governmental leaders, journalists, and opinion- indiscriminate attacks, abductions, disappearances, torture,
makers include the following: etc. In many war situations, whole populations are displaced
• The ‘construction’ of the role of women in the struggle, and families separated. Governments or armed forces may
and/or justification of persecution against the women impose a state of emergency and curtail civil, political
belonging to the other camps, such as whether women or labour rights. Economic infrastructure (such as roads,
(on the leaders’ side) are primarily seen as child-bear- bridges or factories) may be destroyed and social services
ers, fighters, etc.; whether women from the other camp unable to perform their duties. Conflict often destroys or
are regarded as whores, etc.; what types (if any) of damages the manner in which a family earns money or feeds
stereotypes or images regarding women inform this itself. Factories may no longer be in operation, farming
discourse; may no longer be viable, salaries may not be paid, and the
transport and marketing system may be destroyed.52
• How the media and speeches ‘construct’ the role of men
and their use of stereotypical masculine images; 5.1 Right to life and physical integrity
– Monitor the abuses and casualties reported in the media
• How women themselves (appear to) participate in con-
or through other sources (see next section).
structing these images and/or respond to them. (i.e.
whether there are any women, NGOs, or other organiza- 5.2 Political rights
tions questioning nationalist frameworks, or if there are
– Has a state of emergency been declared?
any women, NGOs, etc., endorsing or contributing to this
framework and the role of women). – Have specific rights and liberties been curtailed?
52 OXFAM UK/I-ACORD, Development in conflict: the gender dimension, London,

OXFAM, 1993, p.23.
5.3 Displaced populations 6. The Impact of War on Women
– Monitor the reports and Internet sites of the UNHCR As we state throughout this manual, armed conflicts have
and various humanitarian NGOs to track the number of different impacts on men and women. Women are more
internally displaced persons (IDPs) and refugees and likely to experience war as civilians and too often as dis-
gather data on the percentage or number of women and placed persons outside their homes and communities. In
children and unaccompanied minors. fact, the UNHCR estimates that 70 to 80% of the world
– Monitor the ability of displaced persons to access basic refugee and internally displaced population is composed of
services and amenities. women and children.
– Monitor the impact of conflict-related displacement on Although women are less likely than men to be combatants,
citizenship rights. women are more likely to form the greatest proportion of
5.4. Health and other social services the adult civilian population killed in war and targeted for
abuse. In many situations investigated by human rights
Some of the issues you may wish to research include the activists, women find themselves the victims of attacks on
following: villages because of their domestic functions: “the majority
– Data on mortality rate, mortality during pregnancy, of women are targeted for abuse simply because they are
during labour, child mortality; easily located in their homes by army and paramilitary
– Whether hospitals and other social services have been patrols.”53
destroyed or left inoperative; In the Maela camp for persons displaced by large-scale
– Access to medicine and medical services; killings in the Rift Valley [Kenya], women were frequently
– Access to education. raped by security personnel when they left the camp in
search of food or to work as casual labourers. One woman
5.5. Economic infrastructure told Amnesty International (AI),“Even though we knew this
Monitoring the local media may allow you to determine the was likely to happen, we continued to do this work because
extent of the destruction of economic infrastructure such our children were hungry and we had no choice.”
as factories, roads and bridges.
The economic impact of an armed conflict is also often
gender-specific. Women’s burdens in times of war are espe-
Possible sources: local and international media, includ-
cially heavy because their usual functions within house-
ing television and radio broadcasts and print media,
holds (i.e. feeding the family, fetching water and wood,
journalists, official reports and speeches, UN agencies
feeding livestock, etc.) are more difficult to carry out,
and international and national humanitarian actors.
53 AI, Women in Colombia, 1995, (AMR/23/41/95).
often because of the absence of male relatives. Women are 6.1 Right to life and physical integrity
especially vulnerable to the destruction of health services
– Incidents of killings, torture including rape, other forms
resulting from wars: pregnancy and childbirth are left unat-
of sexual violence, abduction, etc. (See next section);
tended, care for their children is no longer available. As the
majority of the civilian population, women, children and – Independently of casualties directly resulting from
older persons are particularly vulnerable in cases of food armed clashes, you may be able to find information on
blockades as well as attacks on or destruction of foodstuffs, the impact of the conflict on the incidence of domestic
crops, livestock, and drinking water installations. “Although violence and other forms of violence against women in
women are generally not directly involved in the hostilities, the family or the community.
they are the most affected by the trauma of displacement. 6.2 Legal status
The 1994 report of the Colombian Episcopal Conference
– Has the conflict had an impact on the legal status of
showed that 58% of the displaced are women. The majority
women?
are heads of families and have fled rural zones affected by
the armed conflict.” 54 6.3. Family life
If a woman has become the sole person responsible for the Seek data and information on the following:
well-being of the family, the absence of proper infrastruc- – Changes in the number of single-headed households and
ture will impose additional stress on her (failure to feed of widows;
the children) and additional work (looking for alternative – Changes in the age of marriage, instances of polygamy,
resources). Faced with a chronic absence of resources and divorce rate.
in periods of extreme necessity, women may engage in
6.4 Women’s workload
activities that may not be socially acceptable (such as
prostitution or dealing in the black market). Monitor whether the conflict has had an impact on any or
all of the following:
All these domestic functions are also carried in the midst
of great anguish, continuous fear and stress, and trauma. – Women’s domestic tasks, such as fetching water or
Women may have been the victims of abuses themselves wood;
or have witnessed abuses, often committed against family – Access to food;
members. Their male relatives may be fighting or may have – Women’s farming activities;
‘disappeared’. – Women’s access to land;
The following sections discuss what you should focus on in – Women’s access to income-generating activities, such
your monitoring activities. as trading, market activities, marketing of common re-
sources (wood), pottery-making;
54 AI, Colombia’s internally displaced: dispossessed and exiled in their own land,
October 1997 (AMR 23/48/97), p.19. Questions you should ask include the following:
– Has limited access to land caused a greater impact on
women? Why? DOCUMENTING INCIDENTS 4
– Has limited access to food especially affected women
and/or children?
OF ABUSES
– Has loss of income resulting from the war especially
affected women? Which women? The first chapter of this manual identified some of the
– Are there any reports that women have resorted to ac- abuses perpetrated in armed conflict situations. The fol-
tivities such as prostitution, black marketeering, mak- lowing is a list of some of the types of abuse that are most
ing alcohol? likely to affect women.
6.5 Health • Killings of civilians and non-combatants;

Monitor public health indicators such as the following: • Deliberate or indiscriminate attacks;
– Changes in the rates of tuberculosis and other transmis-
• Torture and CID treatment;
sible diseases;
– Changes in child mortality rates; • Hostage taking;
– Changes in mortality rates of women in childbirth; • Sexual and other crimes based on gender, including
– Malnutrition rates; rape, sexual slavery, enforced prostitution, forced preg-
nancy, enforced sterilization, other forms of sexual
– Fertility rates;
violence, gender-based persecution and enslavement;
– Prevalence of sexually transmitted diseases (STDs), in-
cluding HIV. • The use of child soldiers.
This list is, however, far from complete, and you should
Possible sources: local and international media, in- refer to the Geneva Conventions and other instruments
cluding television and radio broadcasts, and print identified in the first chapter of this manual for a complete
media, jour-nalists, official reports and speeches, UN list of prohibitions.
agencies, international and national humanitarian
It is beyond the ability of most individuals and organiza-
actors, women’s NGOs and women activists, survivors
tions to document allegations of all abuses in armed con-
and refugees.
flict situations. You may be obliged to focus your efforts
on those abuses that you are best equipped to investigate
and/or which meet the mandate of your organization.
This chapter recommends approaches to some of the steps
involved in the documentation of specific abuses, namely,
recording allegations, identifying patterns, fact-finding
and assessing the allegations. journalists, humanitarian NGOs, UN agency field of-
fices, the ICRC field offices, embassies and consulates.
It begins with some suggestions regarding your own secu- In addition, you should also contact the international
rity and that of the contacts and witnesses you meet with offices or headquarters of organizations and agencies
and interview. Security concerns should remain a constant present in the field.
concern throughout the monitoring and documentation – Ensure that your information is up to date. Situa-
phases, and especially in the context of fact-finding. tions can change rapidly and you must ensure that
the information you are receiving is up to date. For
instance, if you decide to travel to a specific area,
SECURITY SUGGESTIONS
make sure that the itinerary proposed is the safest at
These suggestions are minimal ones. If you are working in a the time you wish to travel.
conflict zone or planning to travel to one, you should consult c. Identify alternatives
the security manuals and security guidelines developed by
– If access to and your presence on the scene entails
humanitarian organizations, local organizations and media,
many risks, identify alternative means of carrying
United Nations agencies, and others.
out the research. For instance, you may be able to
a. Conduct a thorough risk assessment rely on a confidential local contact to bring possible
– List all possible security concerns for yourself, your witnesses outside the area. In addition, you may be
team, your contacts, victims and eyewitnesses. able to interview people who have recently fled the
areas where the abuses have taken place. They may be
– Develop contingency plans to deal with each one of
in refugee or IDP camps, where access may be easier.
them.
– If possible, provide yourself with special communica- d. Precautions when planning to travel
tion and protective equipment (i.e. satellite phone; – Find up-to-date information on the hierarchy of mili-
flak jackets). tary and political authority in the area.
– Develop an evacuation plan. – Find up-to-date information on the level of hostili-
– Establish clear lines of communication within the ties (with respect to aerial bombing, indiscriminate
team, including emergency contacts outside the coun- attacks, landmines, etc.).
try or area. – Find up-to-date information on the locations of con-
– Ensure that your insurance policy covers the risks flict and how it is spreading.
involved. – Make sure that the proposed itinerary is safe.
b. Seek up-to-date and informed advice – Find out how many check-points you will have to
– Local knowledge is key. Sources of such knowledge go through, whether or not you need to disguise
may include contacts in the area or country, local yourself, people’s reactions and feelings, whether it
would be safer to send someone of a different ethnic f. Precautions with information
group or political profile, etc. – Carry information and interviews with you.
– Be prepared with responses regarding the reasons for – Ensure that the sources of your information are never
your visit and what you are doing, in case people ask mentioned or revealed.
you difficult questions or appear suspicious of you.
– Be prepared to destroy information and films.
– If necessary, get official written authorization.
– Memorize confidential information, encrypt others.
– Assess the implications of going to the scene as part
– Use technology to transmit encoded and encrypted
of a convoy (it may be safer but you may not be able
data.
to conduct interviews as you wish).
– Respect curfews.
– Never travel after dark. 1. Recording and Monitoring
Allegations of Abuse
e. Precautions to take when meeting sources
– Do not pressure sources into meeting with you if they Once the focus of your work has been established, it is
are afraid. important to monitor all cases of abuse that come to your
– Let your sources know you may be under surveillance. attention through the media, witnesses’ accounts, survivors
– Ensure that your sources are aware of the risks in- of incidents or refugees. You will not always be able to
volved in meeting with you. investigate all these incidents. In fact, it may only be pos-
– Be careful about choosing where to meet your sourc- sible to collect evidence long after the conflict has ended.
es; let the contact suggest a meeting place. However, keeping track of all allegations of abuse is an
essential task. It enables you to assess the evolution of the
– Never keep confidential information in a hotel room
or divulge such information over a hotel telephone. conflict, to assess whether the allegations or cases of abuse
are increasing or decreasing, to understand the patterns
– When going to meet your sources, ensure to the best
of incidents (see below), to alert the international com-
of your ability that you are not being followed — use
more than one taxi, walk part way, etc. munity of allegations, to build cases that may be useful
for investigators when the circumstances allow for proper
– Discuss security risks with your sources; do not make
fact-finding to take place, in addition to aiding national or
promises you will not be able to keep.
international trials against perpetrators.
– Alert trusted individuals or organizations (i.e. the
ICRC, international human rights organizations) of To facilitate systematic recording, it is a very good idea
possible security risks to your sources. to design a form to record individual cases of alleged viola-
tions of international humanitarian law that are brought
to your attention through the media, family members,
witnesses, etc.
You will find an example of such a form below. You will
need to adapt it to the specific abuses being recorded, 3. Victim identification information (one for each victim)
the circumstances of the incident and the nature of the Name (last and first names, nickname):
conflict. Date of birth or age:
Gender:
ABUSE REPORT FORM Occupation:
1. General data Family status:
Date: Address:
File number: Nationality:
Information compiled by: Religion:
Type of incident (rape, killing, abduction etc): Ethnicity:
Primary source of information: Other identification markers:
Visit to the scene: No____Yes____ Physical description or photograph:
Carried out by ___________ on__________ 4. Time and location of the incident
Witness interviews: No____Yes____ Date, time and year of the alleged incident:
Carried out by___________ on _________ Province:
2. Nature of the incident District:
Number of victims: Town/village or nearest town/village:
Precisely what happened to them? Street address if applicable:
Was anyone 5. General circumstances surrounding the incident
– killed?
Which armed faction was in control of the area?
– raped or the victim of other forms of sexual violence?
– a victim of other forms of torture? What is the profile of the local population?
– taken hostage? Are they more aligned to one faction than another?
– abducted? Did any specific incidents precede the reported abuses?
– a victim of other abuses?
Did the incident happen at a time of hostilities between
Was any property armed factions?
– damaged? If so, what form did these hostilities take?
– destroyed?
Was it at a time of negotiations between factions?
– stolen?
– confiscated?
helps you to assess whether allegations reported to you are
6. Alleged perpetrators consistent with what you know of such abuses. Second, it
Who is allegedly responsible for the incident? permits more informed interviews of witnesses and victims:
Reported evidence supporting this allegation: if you know that certain types of abuses are likely to follow
a given scenario, you may ask (more) relevant questions.
7. Evidence
Interviews are always easier when you have an idea of
Are there any witnesses? If yes, get names, addresses, what you are looking for (Beware, however, of guiding the
etc.:
interviewee towards specific answers). Thirdly, it allows
Forensic evidence: you to assess the evolution of a conflict: you may record
Photographs (for instance, from a newspaper): more abuses, or more specific abuses occurring at certain
Other: periods; You may notice that public advocacy has an impact
8. Official responses
on the incidence of some forms of abuses; etc. This section
provides some examples of patterns.
Has either of the armed forces made any statements about
the incident? 2.1 Patterns respecting the identity
How did they react? of the victims
Were any measures subsequently taken? The victims themselves may have aspects in common, such
Did they promise any investigation? as the type of political activities they are involved in, their
Has anyone been arrested? professional activities or occupations, ethnicity, age group,
Have you been able to contact representatives of the al- gender, sexual orientation, or whether they are residents
leged perpetrators to encourage a response? of clearly defined areas.
2.2 Patterns respecting the locations abuses
are committed
2. Identifying Patterns
The abuses that have been reported may overwhelmingly
Patterns constitute one or several typical features of the take place in specific places, such as regions, cities, villages
abuses you have recorded. You identify patterns by review- or localities, neighbourhoods, specific detention centres,
ing and analyzing a number of cases over a given period national borders, refugee or IDP camps and certain sites
of time and identifying the common elements among all within the camps, marketplaces, fields, roads, wells, and
cases, such as where the abuses took place, data and time other locations where women are likely to go in the course
and circumstances. of their domestic activities.
The identification of patterns serves three main purposes.
First, it allows you to build a ‘typical’ picture of how, why
and where certain types of abuses are taking place, which
2.3 Patterns respecting the methods the incidence of abuse: armed forces may wish to prevent
used to commit the abuses farming activities or they may wait until after harvest time,
so they can loot food.
Quite often, the methods used by the perpetrators are
consistent, in that the same or similar methods may be 2.5 Patterns respecting the identity
used to commit killings, sexual and gender-based crimes, of alleged perpetrators
other forms of torture, arbitrary arrests, etc.
By systematically recording abuses, you may also be able
For instance, all killings reported to you may have been to identify a pattern with respect to the identity of the
preceded by similar forms of torture or mutilation, or the alleged perpetrators, including specific troops or forces,
same weapons may have been used. specific individuals, specific ranks (i.e. commander or sol-
dier), individuals with or without uniforms and the number
Acts of sexual violence may involve a similar ‘scenario’: acts,
of individuals involved in the abuses.
rituals, threats, behaviours and statements, all of which
must be recorded. 2.6. Patterns respecting official responses
to alleged cases
2.4 Patterns respecting the circumstances
of abuses A pattern may emerge over time in terms of the responses
of the armed forces to the allegations of abuses, including
The circumstances immediately preceding or following
statements following the allegations, official investigation
abuses may also be quite similar and, as such, present
or lack of investigation, nature of the investigations, na-
a pattern. For instance, they may especially take place
ture of the procedures, the absence or nature of prosecu-
during, after or following the declaration of a state of
tions, the identity of the courts responsible for the prosecu-
emergency, elections, curfews, declarations by the leader-
tion and the absence or nature of the verdict.
ship of one or the other parties to the conflict, media
reports of abuses or incitements to violence, military pres-
ence nearby (especially important in the investigation of 3. Conducting Fact-finding55
indiscriminate attacks), troop movement, military opera-
tions or reprisals in or around the location abuses were Fact-finding consists of investigating a specific incident or
committed, military victory or defeat. allegation of human rights violations, collecting or finding
a set of facts that proves or disproves the occurrence of
In some cases, the time of the year (season or month) in an incident and how it occurred and verifying allegations
which abuses have been committed may also present a pat- or rumours. You should ask yourself the following four
tern. For instance, during rainy seasons or in winter, you questions in your investigation of the alleged abuses:
may notice a decrease in some instances of abuse, linked
55 This section is based on: Agnès Callamard, Ukweli: Monitoring and Documenting
in part to the difficulties in moving, travelling, and escap-
Human Rights Violations in Africa, Amnesty International Dutch Section and CODESRIA:
ing. You may also notice that farming cycles may effect Amsterdam and Oxford, 2000, pp.11- 14.
• Is it safe to go to the scene, and if not, are there alter- – What information is missing?
native places where I can gather further information – What kind of evidence do I need to demonstrate that
and evidence? such abuses have taken place?
• What kind of evidence do I need in order to assert that – How can I get the information and evidence?
an abuse took place? – Who is most likely to give me the information and evi-
• Who is most likely to give me access to this evidence? dence required?
3.3 Background preparation
• How can I assess the reliability of my data?
You must be knowledgeable about IHL and more specifi-
3.1 Risk-assessment
cally, the IHL standards (and others as appropriate) related
Carrying out a thorough assessment of risks is primordial. to the abuses you are going to investigate. A thorough
For details on what steps you should take, you should refer knowledge of the patterns related to the allegations under
to the box at the beginning of this chapter. investigation is also essential. To that end, a useful plan
of attack consists of listing everything you already know
3.2 Information and evidence required
about the abuses, and everything you already know about
As highlighted in the first chapter of this manual, IHL the particular location or region, recent military incidents,
provides for many prohibitions, each one of them with a security questions, etc. Before arriving on the scene, be
specific definition and standard of proof. Consequently, prepared by gathering all necessary information. It is also a
the evidence required differs, depending on whether you good idea to seek expert advice. To that end, consult with
are investigating a deliberate killing of a civilian, an indis- forensic pathologists, military experts, and lawyers. Prepare
criminate attack, rape, sexual slavery, or any other types your interview format and seek input from contacts and
of abuse. experts. If possible, have pictures or sketches of the uni-
forms used by various parties to the conflict, and informa-
One of the most difficult aspects of the investigation consists
tion on how ranks are displayed. Eyewitnesses may be
of establishing responsibility: victims may have been killed,
better able to identify who the perpetrators were.
there may be several armed forces in the area, victims may be
unable to identify the individual perpetrators by name, etc. 3.4 Preparing a delegation
In order to prepare for fact-finding, you must therefore ask The investigative team should not be constituted of indi-
yourself the following questions: viduals who may be perceived as partial by the informants
because of their ethnicity, religion, or known political affili-
– What do I already know about the case?
ation. As far as it is possible, identify team members who
– What do I know about the patterns of such types of are impartial but who will also be perceived as impartial by
abuse? the informants.
Your delegation should be formed of experienced people. Sensitive Research, ICHRDD: Montreal, 1999, Chapter 5,
Send trained and credible researchers. entitled “Gender-Sensitive Approach to the Gathering of
Information.”
Identify the type of expertise that will be most needed
during the investigation. For instance, to investigate at- 3.6 Knowledge and awareness of the situation
tacks, you may need the assistance of a military or weapon
– Rely on local knowledge, ‘read’ the overall mood, be
expert. To investigate sexual violence, you may need to
on your guard and do not hesitate to leave the scene
be accompanied by women with expertise in such forms of
whenever you feel that something is wrong.
violence.
– Be observant of your surroundings.
Your delegation should be gender-balanced, including both
– Be prepared to respond to requests or questions regard-
women and men.
ing your presence and activities.
As far as possible, you should also seek delegates who are – Seek all necessary permission (i.e. from the refugee or
representative of the various ethnic and language groups in IDP camp authorities); pay courtesy visits to officials
the area you are investigating. If you have little resources when it is strategic and safe to do so.
and few delegates, identify the person who will be best
– Inform someone you trust of where you are going and
equipped to deal with ethnicity, language, or other impor-
your plans.
tant factors.
– Ensure that you can guarantee confidentiality and ano-
3.5 Contacts and sources of information nymity.
Before departure, list all possible contacts and sources of – Ensure that you can refer victims and witnesses of abuses
information you may need to interview and meet in order to the organizations or individuals in the region that can
to investigate and corroborate the information. provide them with the attention, support and services
required. If possible, you should organize such services
Identify who it may be more appropriate to meet first,
and/or inform relevant organizations.
provided, of course, that you have the luxury of setting up
and organizing meetings. In any case, you should decide
whether and at which point in the investigation you will
meet with security officials. (See below for a general list
of contacts and material evidence. This list can be adjusted
depending on the nature of the abuses being investigated
and the local circumstances.)
For information on interviewing victims and witnesses,
please refer to Agnès Callamard, Methodology for Gender-
4. Assessing Allegations
Individuals and/or groups
– Victims After you have recorded abuses, identified patterns and
– Eye witnesses possibly conducted fact-finding missions, you must then
– Other witnesses assess the information, determine the likelihood that the
– Relatives reported abuse took place and identify possible responsibil-
– Community leaders ity for it. Once you have reached a conclusion regarding
– Religious institutions the validity of the allegations, you may decide to go public,
– Lawyers launch advocacy campaigns, or seek redress and repara-
– Journalists tions. Some of the issues guiding your assessment are
discussed in this section.
– Medical personnel
– Civilian personnel, such as Red Cross/Red Crescent personnel 4.1 Violations of international humanitarian
– ICRC personnel standards and/or human rights standards
– Local human rights activists
In order for you to decide whether the allegation or inci-
– Members of political parties, civil rights groups, trade
dent violates humanitarian or human rights standards,
unions, ethnic groups, etc.
you need to know the legal standards defining the abuse
– Members and officials of the police force
and the evidence required. You then need to assess how
– Prosecutors
the evidence you have gathered meets the standards estab-
– Other police/judicial representatives
lished in the legal texts.
– Members and officials of the military forces
– Members and officials of armed opposition groups For instance, not all killings are prohibited under IHL. Armed
forces are not prohibited from killing individuals taking a
Material Evidence
direct part in hostilities, such as soldiers and members of
– Hospital and/or autopsy records armed opposition groups. As long as those taking part in
– Court records hostilities are not prisoners or have not put down their
– Police reports arms, they may be lawfully killed, according to the laws
– Official acknowledgement or response to the alleged viola- of war (Articles 43-47 from Optional Protocol 1). Whenever
tions you investigate killings in armed conflict situations, you
– Report of independent investigative bodies therefore need to ask yourself whether the victims could
– Weapons and ammunition left behind, bullet shells be considered as ‘legitimate’ targets according to the laws
– Documents of war.
– Photographs, videos, etc.
The previous chapters, and Chapter One in particular, pro-
– Scars and wounds
vide information regarding the type of evidence required
under IHL and/or human rights law and the assessment – The witnesses’ accounts of the circumstances, location,
required to prove specific abuses. procedures, individuals involved, etc. Are they consis-
tent with what others who witnessed similar events at
4.2 Reliability of primary sources
the same time and place say or with the patterns known
The allegations of violations of humanitarian or human to you?
rights standards will often come from organizations and – The witnesses’ accounts of the sequence and timing of
individuals who have conducted their own fact-finding, the events.
or from the media. You should establish a record of these
– Whether the testimony is consistent with other testi-
contacts with respect to the consistency or accuracy of
mony and with any previous pattern of political killings
information they have provided in the past, their political
in the country/region. Whether the witnesses contradict
agenda and whether it may have affected the nature of the
each other when asked the same or similar questions.
allegations.
– If there are inconsistencies in testimonies, whether
4.3 Consistency of the allegation they are the result of the witnesses’ dishonesty or of
You should compare an allegation with the information you memory lapses, exaggeration, unsubstantiated rumours,
have and your knowledge, i.e. whether an allegation ‘fits’ cultural differences and misunderstandings between the
with what you know about the specific aspects of these interviewer (or interpreter) and the interviewee.
types of abuse. 4.6 Assessment of responsibilities and
4.4 Validity or consistency of medical and other identification of perpetrators
evidence This section discusses the various aspects involved in as-
If you have gathered material evidence, such as medical sessing the responsibility of the armed forces.
reports, you must also check their validity. If you are not 4.6.1 The context
satisfied with the official medical report, you may need a
second opinion. You should investigate whether there are indications of
increasing targeting of civilians, specific individuals or
Whenever possible, you should get the assistance of medi- groups by the armed forces. Information about this is often
cal experts. available from the following sources:
4.5 Reliability of testimony – Statements made by the leadership of armed forces and
media reports;
If you have interviewed eye-witnesses, you must assess the
interviews and cross-check the facts. Ask yourself if the – New laws or decrees or police measures suggesting
testimonies are similar, or if they contradict each other. that specific individuals are targeted or activities are
prohibited;
Pay special attention to the following:
– Declaration of a state of emergency; and whether the methods of sexual violence or other forms
– Previous attacks and/or killings of specific individuals of torture are ordinarily used by specific forces.
(i.e. patterns); 4.6.4 The victim(s)
– Targeting of members of certain social or political
In some cases, you may be able to discern whether there was
groups, or people in a particular geographical area.
something about the victims that suggests specific armed
4.6.2 The circumstances forces may have targeted them. For instance, there may be
an apparent motive for the abuse. You should verify if these
There are often circumstances that point to the involve-
individuals had been previously threatened or targeted and
ment of specific armed forces or troops. The following
by whom. You should also verify whether the victims had
questions are useful in guiding your investigation:
been subject to regular short-term detention or questioning
– Were specific troops seen around the location of the by police or military forces and whether they were killed
abuses? Where? When? shortly after a visit to a police station or army camp.
– Were ‘strangers’ seen around the scene? What were their
4.6.5 Responses of military or political authorities
characteristics (motor vehicle, clothes, etc.)?
– Did the perpetrators operate with apparent impunity, for In situations of abuse, the response of military or political
example, by travelling during curfews or driving vehicles authorities can give you insight into whether these au-
through check-points without difficulty? thorities condone the abuse. Questions that you can ask
yourself include the following:
– Was the area where the abuse took place under the
authority, surveillance or control (formal or informal) – Did the political or military leadership try to ‘justify’ the
of a specific troop? abuses in any way, or vilify the victims?
– Have victims been detained, then ‘disappeared’ for a – Did it claim responsibility for the abuse? Did it deny any
period and finally been found dead? Has there been any responsibility for the abuses?
formal or informal acknowledgement of detention? – Did it admit or agree to carrying out an internal inves-
tigation?
4.6.3 The method
– In the case of killings or attacks, did it claim that the
Abuse often occurs in a particular manner or specific meth- target was ‘legitimate’ according to the laws of war? Did
ods are used. You can use knowledge of patterns to dis- it claim that all precautions had been taken to avoid
cern whether it suggests the involvement of specific secu- unnecessary civilian casualties but that collateral dam-
rity forces or opposition groups. You should investigate ages can never be fully avoided?
whether a particular method of abuse had been used before
by a specific branch of security forces or opposition groups
5
DOCUMENTING
DELIBERATE AND
INDISCRIMINATE ATTACKS
As the majority of the civilian population, women, children
and older people are particularly vulnerable to attacks by
either party to the conflict, which often result in death,
maiming or other injuries. Some of these attacks may be
deliberate, while others are indiscriminate. The definitions
and differences between the two are highlighted below.
Civilian casualties (what military spokespersons refer to as
‘collateral damage’) are to be expected in war. But there
are clear principles that set limits on the conduct of hostili-
ties and in particular outlaw the use of certain methods of
warfare. These principles are designed to protect civilian lives
to the maximum extent possible. They can be summarized
as follows:
Killings and Attacks According to the Laws of War

KEY PRINCIPLES
Prohibitions
– The civilian population, including individual civilians,
shall not be targeted for attacks or killings.
– Prisoners of war, the wounded and the sick and, more
generally, anyone who is not or is no longer engaged in
combat, shall not be the subject of attacks or killings.
Not all killings and attacks are prohibited by IHL. Armed forces
are not prohibited from attacking or killing individuals taking a
Example: Attacks on villagers in the eastern part of the
direct part in hostilities, such as soldiers or members of armed
Democratic Republic of Congo (DRC)
opposition groups. As long as those taking part in hostilities
are not prisoners or have not put down their arms, they may In the attacks reported below, there is very little doubt
be legally killed according to the laws of war. that all parties to the conflict in the DRC intentionally
targeted civilians for attacks and killings, in many cases
Principle of Distinction
in revenge for defeat or losses. According to the authors
– Parties to a conflict should at all times distinguish be-
of the report, most of the victims appear to be women,
tween the civilian population and combatants and be-
children and the elderly who had not been able to flee or
tween civilian objects and military objectives. Accordingly,
they shall direct their operations only against military
who thought they would not be targeted by combatants.
objectives.
“[...] After being defeated in battle by a combination of MLC
“Military objectives are limited to those objects, which, by (Movement for the Liberation of Congo) and Ugandan forces
their nature, location, purpose or use make an effective con- in July 1999, retreating FAC (Congolese Armed Forces) soldiers
tribution to military action and whose total or partial destruc- in Kodoro and Boso-Ngombo areas of Basankusu territory,
tion, capture or neutralization, in the circumstances ruling at Equateur province, reportedly killed many unarmed civilians,
the time, offers a definite military advantage.” (Article 52(2) including women and children. Most of those killed were re-
of Protocol 1) portedly from the Ngombe ethnic group which the government
soldiers accused of supporting the MLC. The victims included
Under international law, if it is unclear whether a target is
Pius Andapongo, a local chief of Boende-Moera, who was
used for military purposes, it should be assumed and treated
reportedly found by FAC soldiers in possession of a letter in
as if it is not.
which he had allegedly asked the MLC to intervene and stop
human rights violations by the FAC in his area. The soldiers
also reportedly raped many women, including Claire Mokbulu
1. Deliberate Attacks or Killings
who was raped by 12 soldiers at Djombo and a 12-year-old girl
Deliberate killings are those that are intentional and have who was raped by two soldiers at Boso-Nduku.
not occurred by accident or because of ignorance or self- “[...]On 17 March 1999, members of the RCD (Rassemblement
defence. They are unlawful when the victims are civilians Congolais pour la Democratie) reportedly killed at least 109
or persons hors de combat. people at Budaha in Burhinyi county. The massacre followed
several days of fighting in nearby Mukungwe and neighbouring
A deliberate attack on civilians results when an armed
villages of Ngweshe country between members of the RCD and
force intentionally targets and attacks civilians. Women
mayi-mayi, during which many RCD combatants were report-
and children often find themselves the victims of attacks
edly killed [...] The killings at Budaha were apparently in
because they are easily located in their homes by army and revenge for the losses the RCD suffered during the fighting
paramilitary patrols. [...]
Consideration of the impact of the attack: The attack
“Between 15 and 20 October 1999, RCD soldiers publicly killed is launched without any or sufficient consideration of its
at least 12 women — some of whom were buried alive after likely impact on civilians. The means or weapons used
being tortured, including raped — accused of witchcraft in
prove that the attack forces did not properly consider the
Mwenga, South-Kivu.
impact of the attack on civilians.
“According to several human rights groups and other sources in
Precautions to prevent civilian casualties: The attack is
eastern DRC, on 23 October 1999 RCD-Goma combatants shot
launched without any precautions taken to avoid civilian
dead at least 50 unarmed civilians, many of them women trad-
ers, at Kahungwe market which is situated some 40 kilometres
casualties. IHL specifically identifies a number of precau-
north of Uvira in South-Kivu province. tions that parties to the conflict should take before launch-
ing an attack on an area in which civilians are present.
“[...] In late July to early August 1999 Burundian government
soldiers attacked the villages of Bulunga and Buzimba, setting 2.1 Types of indiscriminate attacks
many houses on fire. Some of the victims were lepers living Indiscriminate attacks may include the following (in accor-
in Buzimba.”56 dance with article 51 of Additional Protocol 1):
2.1.1 Attacks that are not directed
at a specific military objective
2. Indiscriminate Attacks
These attacks include engaging in ‘blind fire’ into enemy ter-
An indiscriminate attack on civilians results when an armed ritory, firing without any reliable information on supposed
force attacks a military objective with reckless disregard targets, orders for aircrews to release bombs anywhere over
for the likely impact such an attack will have on civilian enemy territory before returning to base, attacks which treat
lives. Its main characteristics are as follows: as one military objective, and subject to ‘area bombardment’,
Circumstances: Presence of both military objectives and a number of clearly distinct and separated military objectives
civilians within a given area. located among the civilian population.
Purpose of the attack: civilians and civilian deaths are not Example:
the purpose of the attack. The attack is arguably directed In the case below, the two girls narrowly escaped death,
at the military objective in the area. (If the attack was having found themselves caught in an armed confronta-
aimed at civilians, then it would be a deliberate rather than tion.
an indiscriminate attack).
“[...] They almost killed two of my daughters in an armed
confrontation. The girls had gone to wash clothes in the
56 Amnesty International, Democratic Republic of Congo: Killing Human Decency, stream and the guerillas arrived to bathe. Then an army
May 31, 2000, AI Index: AFR 62/07/00, p.20.
patrol arrived and the girls ran back to the house with the 2.1.2 Attacks that employ a method or means of
patrol firing at them [...]” 57 combat that cannot be directed at a specific
military objective
Example:
The weapons used can be said to be indiscriminate by their
The attack described below reveals a reckless disregard for
very nature because they are not accurate, such as anti-
civilian lives by the armed forces. In some cases, soldiers
personnel landmines and cluster bombs. The use of some
from the other party to the conflict had already evacuated
weapons is strictly prohibited under IHL.
the areas before the attack took place, in others, civilians
fled early in the course of the attack. In addition, there Example: mines
does not appear to have been any attempt to distinguish
Scores of civilians, even after the war has ended, are killed
between civilians and specific military targets.
or maimed because of the use of indiscriminate weapons
“From mid-October onwards, the AFDL (Alliance of Demo- such as anti-personnel mines or anti-tank mines by all
cratic Forces for the Liberation of Congo-Zaire) attacked the parties to a conflict. In the large majority of cases, armed
refugee camps in South-Kivu, one after another [...] Some or forces do not erect warning signs to prevent unlawful ca-
all of the camps had a military presence. The United Nations sualties among civilians. They also often lay mines where
High Commissioner for Refugees (UNHCR) had sponsored a they are most likely to injure or kill civilians, such as on
contingent of Zairian soldiers to provide security in the camps, roads, near wells, around villages and in fields. They also
and some Zairian troops had been sent to areas near refugee do not always keep records of where mines have been
camps as part of the counter-insurgency operations. In at laid, rendering any de-mining efforts after the war has
least some instances, the Zairian soldiers fled before the at- ended very difficult and dangerous. In addition to being
tack started. The camps also contained armed members of indiscriminate in their effect, anti-personnel or anti-tank
the former Rwandese army and interahamwe militia respon- mines also cause unnecessary suffering to those taking an
sible for the genocide in Rwanda in 1994, and members of active part in a conflict.
a Burundian armed opposition group. However, the assaults
In 1997, the Convention on the Prohibition of the Use,
were not confined to military objectives, and there is evidence
Stockpiling, Production and Transfer of Anti-Personnel Mines
of indiscriminate killings of unarmed victims in the course of
and on Their Destruction (Mine Ban Treaty) was signed by
some of the attacks.” 58
122 countries and came into force on March 1, 1999. By May
25, 2000, 137 states had signed the Mine Ban Treaty, but
there are still many that have not yet signed. Some of these
57 Extract from Amnesty International, Just what do we have to do to stay alive? – countries are major producers or stockpilers, such as China,
Colombia’s internally displaced: dispossessed and exiled in their own land, London:
Amnesty International, AMR 23/048/1997, 1997.
India, Pakistan, Russia and the USA.
58 Extract from Amnesty International, Zaire: Hidden from Scrutiny, 1996 (Index:
62/029/1996)
Example: cluster weapons • Identifying patterns regarding the identity of the victims,
the locations of the attacks, the methods used, the cir-
Cluster weapons are not banned under international law, but
cumstances, the alleged perpetrators, official responses;
by their nature they are very likely to violate the prohibition
against indiscriminate attack. In addition, unexploded sub- • Conducting fact-finding missions, and asking yourself
munitions are a continued threat to anyone who comes into the following key questions:
contact with them. According to press reports, dozens of – Is it safe to go to the scene? Are there alternative places
civilians have been killed in Kosovo since the end of the where I can gather further information and evidence?
air campaign by the accidental detonation of unexploded
– What kind of evidence do I need in order to establish that
cluster bomblets and landmines. One year after the conflict,
abuse took place? (see below)
there are still thousands of unexploded canisters in Kosovo
alone. Many of these bomblets are embedded beneath the – Who is most likely to give me access to this evidence?
surface of the soil and are not easily detected. – Assessing information, including the following key issues:
2.1.3 Attacks that are likely to hit military – Whether the reported allegation or incident violates in-
objectives and civilians or civilian objects ternational humanitarian standards (see below);
without distinction because of the method – Reliability of the primary (and at times only) source;
or means of combat employed – Consistency of the allegation with the pattern of abuse;
This category refers to the use of weapons that affect wide – Validity or consistency of medical and other evidence;
areas, or attacks on military objectives whose destruction – Reliability of testimony;
is likely to impact on civilians. – Responsibilities and identification of the perpetrators.
Example: Attacks on chemical plants or nuclear power
plants.
In addition to the general steps identified in Chapters Three
and Four of this manual, to which you should refer, the
3. Evidence and Information Required investigation and assessment of attacks and killings require
the following specific set of information and evidence:
In essence, the investigation of attacks and killings require
the following actions to be carried out:
• Monitoring of the armed conflict;
• Keeping track of all allegations of attacks and killings
and their evolution;
• Identifying patterns regarding attacks and killings;
3.1 Identity of the Victims 3.2 Military objectives
Evidence Evidence
You must prove that the victims were civilians or persons hors You must discover whether there were any military objectives
de combat in the area.
Information required Information
– Victims’ names, occupation, occupation at the time of the Military objectives in the area; how far they are from civilians;
attack or killing, age, ethnicity, possible links to armed presence of military objectives in the area in the past and how
forces, etc.; long ago they were there; timing and duration of the attack.
– Number of civilians killed or wounded; Tips

– Number of armed forces’ members killed or wounded. Ask witnesses to identify the approximate location of the civil-
ian population, the military presence and potential targets,
Assessment or to assess the approximate distances. If you are outside the
area where the attack took place, refer to a detailed map.
Did the victims belong to any of categories considered to be
illegitimate targets under IHL? (see p. 112)
Assessment
– If there were no military objectives at the time of the
attack, you can safely conclude that the civilians were
deliberately targeted.
– If there were military objectives at the time of the attack,
then the attacks may have been indiscriminate.
3.3 Precautions taken before the attack 3.4 Nature and accuracy of the weapons
Evidence Evidence
You must prove that no or insufficient precautions were taken You may need to prove that the weapons used were inherently
before the attack. indiscriminate or that they lacked in accuracy.
Information Tips
– Ask witnesses whether they received any warning (i.e. leaf- Military personnel who were present at the time of the attacks
lets dropped from airplanes asking civilians to leave; broad- are your best sources for this type of inquiry. If you are unable to
casts informing them that they would be attacked) and interview them, ask other eye-witnesses to describe the attacks
how much time after these warnings they had to leave. (i.e. the noise made by the bombs, their effects, etc.). Their
information may allow your contacts who have military expertise
– Ask attacking forces what type of precautions they took
to draw conclusions on what kinds of weapons were used.
to prevent loss of civilian life, i.e. how much knowledge
did they have of the area under attack, and what, if any,
Information
type of system they used to locate their target (i.e. forward
observers, aerial surveillance, radar systems). – The type of weapons system used and its accuracy, taking
into account the range at which it was fired, the size of
Assessment the military objective, the weather or other conditions
(including any immediate threats faced by those firing it);
– Compare the precautions taken with the list of precautions
required according to IHL (provided at the end of this sec- – The type and quantity of ammunition used in the attack;
tion). If no warnings were issued to civilians, you can argue – If the attack was from the air (warplane, helicopter), the
that the attack was indiscriminate (unless it appeared that type of aircraft used in the attack and height and distance
warning them was totally impossible). from the target.
Assessment
– If the weapons used were prohibited under IHL or consid-
ered as inherently indiscriminate such as landmines, you
can conclude that the attack was indiscriminate and the
killings unlawful.
– If the weapons used were inaccurate because of the cir-
cumstances (i.e. bad weather), the forces attacking were
under the obligation to stop the attack. If they failed to do
so, the killings should be considered as unlawful.
4. Challenges to Documentation – Procure and study detailed accurate maps of the area.
– Gather and study the armed forces’ public statements
In your investigation of killings and attacks, you are likely
and reactions to allegations, its reports on how it con-
to face many challenges. The following section aims to
ducted the air campaign, its accounts of particular inci-
provide you with possible solutions to address these chal-
dents and general explanations of operational prac-
lenges.
tices.
4.1 Logistical and security risks – Gather and study news reports, government and UN
The best way to analyze any particular incident in which reports.
allegations of unlawful civilian killings are made is to send – Consult with experts.
a research mission to the site to investigate as soon as – Meet with official delegations to discuss your concerns
possible after the attack. The promptness of the mission is and to listen to their version of the attacks.
essential in order to assess the damage suffered before the
evidence is removed or altered. 4.2 Lack of military or weapon expertise
However, in many cases, you will be unable to get to the You may find yourself unable to assess the nature of the
area where the attack took place because of logistical or methods or weapons used, whether their effect could be
security risks. You will be unable to interview survivors, described as inherently indiscriminate, and whether they
gather material evidence, such as bullets or bomb shells, or may even be unlawful weapons by their very nature.
assess the distance between the possible military objectives Possible solution
and the civilians.
The only approach to this challenge, besides building your
Possible solutions own expertise over time (through researching such abuse
– Please refer to the section on fact-finding in Chapter and consulting specialized journals), is to seek assistance
Four of this manual. from experts in military engagement and weapons. Only then
will you be able to reach some conclusions regarding the
– Attempt to interview those who have fled the area. They
weapons or the methods used, i.e. whether they may have
include eye-witnesses to the attack (who may have found
been indiscriminate. To assist these experts in their analyses
refuge in other regions or in IDP or refugee camps. Some
and conclusions, you should gather as much information as
key witnesses may be able to escape and you may gain
possible and get detailed testimony from eye-witnesses.
access to them through your contacts). Others who you
may find it useful to interview include military or civilian 4.3 Deliberate versus indiscriminate attacks
personnel who have left the area, especially ICRC or Red
You may investigate many situations in which it is not
Cross/Red Crescent personnel, medical staff who treated
always clear whether the forces deliberately targeted civil-
casualties and UN and NGO staff.
ians or whether they sought to attack a military objective
without sufficient consideration of the impact of the attack preclude collateral damages. For instance, NATO has argued
on civilians. that its attack on the Serbian state television and radio sta-
tion (RTS) on April 23, 1999 was legitimate because RTS was
Solution
a propaganda organ and that propaganda is direct support
Remember that it may not always be necessary to deter- for military action. Both the ICRC and AI have convincingly
mine conclusively whether a particular attack was deliber- demonstrated that the target was not a legitimate military
ate as opposed to indiscriminate — if it was either, any objective, that the resulting civilian casualties were unlaw-
civilian deaths resulting from it were unlawful. ful, and therefore that the attack constituted a war crime.
They relied on the definition and expert interpretation of
4.4 Legitimate versus illegitimate targets
military objective provided by Article 52(2) of Protocol 1.59
Parties to the conflict may argue that the individuals tar-
Possible solutions
geted for killings were legitimate, in other words, that they
were not civilians or persons hors de combat. This line of Familiarize yourself with the definition of military objec-
argument may be especially used in the case of civilians tives provided by IHL (see above).
who may have some links with the armed forces, such
Many IHL standards have been interpreted by the ICRC,
as public servants, or, indeed, those providing shelter to
legal or military experts. You should study their interpreta-
armed forces.
tions, review the literature on the subject, if available, ask
Possible solutions legal students to find legal documentation on the subject,
etc. Whenever possible, you should contact ICRC representa-
Please refer to the list at the end of this section, which
tives, or legal or military experts for their opinion.
includes persons who should always be considered as il-
legitimate targets, according to IHL and human rights Even if the target was indeed legitimate as argued, this
work. does not necessarily imply that the killings of civilians
were legal. Two questions must be asked: Were the means or
Most importantly, you should remember that there must be
weapons used accurate enough? Were all necessary precau-
a presumption of civilian status unless shown otherwise.
tions taken to prevent civilian casualties?
The alleged perpetrators should explain why they consider
that their target was a legitimate one. It will then be up to 4.6 Precautions taken to avoid civilian casualties
you to prove that this was not the case.
Parties to the conflict may argue that they took all neces-
4.5 Collateral damages sary precautions to avoid civilian casualties.
Parties to the conflict may argue that an attack was aimed
at a legitimate military objective and that the deaths of 59 Amnesty International, NATO/Federal Republic of Yugoslavia. Collateral Damage”
civilians were unfortunate but that the laws of war do not or Unlawful Killings? Violations of the Laws of War by NATO during Operation Allied
Force, June 2000, AI Index EUR 70/18/00.
Possible solutions conflict may deny responsibility for particular attacks or
killings, or accuse the other parties to have launched the
Compare the official reports on the precautions taken with
particular attack or to be responsible for the particular
the list of measures identified by the laws of war, which
killings.
parties to a conflict should follow before attacking an area
with known civilian presence. Even the official version may Possible solutions
indicate gaps in what the forces should have done.
Here, your knowledge of patterns is essential. Although
Compare the official reports on the precautions taken with you may never be able to reach definite conclusions, you
what eye-witnesses are reporting. There may be discrepan- may be able to link the attack to an overall pattern and
cies, i.e. the armed forces may claim to have taken precau- allege where responsibility lies. The circumstances and tar-
tions that, in fact, were not implemented. The failure on gets of the attacks, the methods and type of weapons used,
the part of the attacker to take such measures should be the identity of the civilians, etc. may all fit a particular
seen as demonstrating the unlawful nature of the attack. pattern.
4.7 Use of human shields Please refer to Chapter Four of this manual for a list of
patterns and key issues, and questions to guide the assess-
Force A (responsible for the attack) may argue that Force B
ment of responsibilities.
was using civilians as human shields.
4.9 Exposing the gender dimension of the attack
Possible solution
Although an increasing number of reports on violations
The laws of war provide you with a response to this type of
of the laws of war list the gender and age of victims, or
assertion. The use of human shields to prevent an attack on
highlight the fact that many victims were women and
military targets is prohibited, so Force B would be clearly
children, many other gender-based dimensions of the at-
violating the laws of war. However, this violation does
tacks and the killings are overlooked. The reasons may
not justify the attack — in other words, under IHL, Force
include lack of time, too many abuses to document and
A still has the legal obligation not to attack civilians.
absence of a gender-sensitive approach.
Furthermore, again by virtue of IHL, the presence within
the civilian population of individuals who do not fall under Possible Solutions
the definition of civilians does not deprive the population
As stressed throughout this manual, abuses in armed con-
of its civilian character.
flicts are not gender-neutral. Some of the objectives of your
4.8 Difficulty in determining responsibility monitoring and advocacy work, besides seeking redress
and justice for the victims, is to ensure that the voices
You may find it difficult to determine which forces were
of women in armed conflicts and post-conflict situations
responsible for the attacks or the killings, whether deliber-
are not silenced, to shape knowledge, and to question
ate or indiscriminate. In some situations, all parties to the
traditional versions of warfare and history. It is therefore • Civilians who voluntarily or involuntarily provide shel-
essential that in the course of your documentation and ter or food to members of armed forces;
reporting, you always seek to expose the gender-specific
• Medical personnel (such as Red Cross and Red Crescent
dimensions of the attacks or killings, as well as their pos-
personnel);
sible interaction with other identity markers such as eth-
nicity, religion and race. • Civil defence personnel (meaning persons involved in
organizing assistance to the civilian population);
The key issues that guide this exercise have been identi-
fied in another manual.60 They can be summarized as the • Soldiers who are hors de combat (such as wounded, sick
research and analysis of the impact of gender and other or captured soldiers, or soldiers who have surrendered);
identity markers on the circumstances, causes and conse-
• Religious personnel, whether military or civilian,
quences of attacks, the identity of the victims and their
attached to the armed forces and exclusively engaged
access to remedies.
in offering spiritual assistance;
5. List of Illegitimate Targets of Attacks • Civilian journalists who are attached to or who accom-
pany armed forces.
Individuals killed who belong to any of the following cat-
egories are considered to be illegitimate targets. Their kill-
6. Standards Related to Precautions
ing is therefore unlawful.
to Prevent Civilian Casualties
• Civilians who have no direct link to armed forces, the or Collateral Damages
government, or armed opposition groups;
• Civilian officials who perform a public function which is Articles 57 and 58 of the Additional Protocols to the Geneva
not directly related to the conduct of hostilities (such Conventions relating to the Protection of Victims of Inter-
as mayors of cities or villages); national Armed Conflicts state the following:
• Civilians performing contract work for armed forces, 1. In the conduct of military operations, constant care shall
provided that this work is not directly related to the be taken to spare the civilian population, civilians and
conduct of hostilities (such as construction workers); civilian objects.
• Public servants (provided they are not members of the 2. With respect to attacks, the following precautions shall
armed forces); be taken:
• Workers in factories related to the war (such as arma- (a) those who plan or decide upon an attack shall
ment factories); (i) do everything feasible to verify that the objectives to
60 Agnès Callamard, Methodology for Gender-Sensitive Research, AI-Canada and be attacked are neither civilians nor civilian objects
ICHRDD, Montréal, 1999.
and are not subject to special protection but are 4. In the conduct of military operations at sea or in the
military objectives within the meaning of paragraph air, each Party to the conflict shall, in conformity with
2 of Article 52 and that it is not prohibited by the its rights and duties under the rules of international
provisions of this Protocol to attack them; law applicable in armed conflict, take all reasonable
precautions to avoid losses of civilian lives and damage
(ii) take all feasible precautions in the choice of means
to civilian objects.
and methods of attack with a view to avoiding, and
in any event to minimizing, incidental loss or civil- 5. No provision of this Article may be construed as author-
ian life, injury to civilians and damage to civilian izing any attacks against the civilian population, civil-
objects; ians or civilian objects.
(iii) refrain from deciding to launch any attack which Art. 58. Precautions against the effects of attacks
may be expected to cause incidental loss of civilian
The Parties to the conflict shall, to the maximum extent
life, injury to civilians, damage to civilian objects, or
feasible:
a combination thereof, which would be excessive in
relation to the concrete and direct military advan- (a) without prejudice to Article 49 of the fourth Conven-
tage anticipated; tion, endeavour to remove the civilian population, indi-
vidual civilians and civilian objects under their control
(b) an attack shall be cancelled or suspended if it becomes
from the vicinity of military objectives;
apparent that the objective is not a military one or is
subject to special protection or that the attack may be (b) avoid locating military objectives within or near dense-
expected to cause incidental loss of civilian life, injury ly populated areas;
to civilians, damage to civilian objects, or a combination (c) take the other necessary precautions to protect the ci-
thereof, which would be excessive in relation to the con- vilian population, individual civilians and civilian objects
crete and direct military advantage anticipated; under their control against the dangers resulting from
(c) effective advance warning shall be given of attacks which military operations.
may affect the civilian population, unless circumstances
do not permit.
3. When a choice is possible between several military objec-
tives for obtaining a similar military advantage, the
objective to be selected shall be that the attack on which
may be expected to cause the least danger to civilian
lives and to civilian objects.
DOCUMENTING 6
SEXUAL VIOLENCE
Violence against women, sexual violence in particular, is
neither an accident of war, nor an incidental adjunct to
armed conflicts. Individual and historical accounts, court
testimony, and NGO reports all testify to the readiness with
which parties to a conflict resort to violence against women
in the conduct of warfare. Its widespread use in armed con-
flicts reflects the individual, political and military gains it
gives the perpetrators, and the terror it holds for women and
their communities. All acts of sexual violence constitute a
weapon of war that is being used for one or several purposes:
rewarding soldiers, spreading political terror, destabilizing
a society, intimidating, humiliating, and extracting informa-
tion and as a method of ‘ethnic cleansing’.
These acts of violence and domination are committed within
a context characterized by the breakdown of the policing
or judicial system, of the family or of the community, all of
which may have provided women some degree of protection
or redress before the conflict erupted. In fact, in many situa-
tions, the breakdown of these mechanisms and networks may
prove to further increase women’s vulnerability to sexual
violence, as perpetrators are likely to be found not only
within the regular armed forces, but also within paramilitary
groups, the police or the community. Evidence from camps
for displaced persons also indicate that armed conflicts
and flight are likely to result in an increase in violence
against women within the family, while an overall situation
of deprivation means that women take more risks to feed
their family and may ‘submit’ to non-consensual sexual rela-
tions out of pressure or necessity. CRIMES OF SEXUAL VIOLENCE
The consequences of sexual violence remain for years, some- – Under customary international law, rape and other forms
times an entire lifetime. They include psychological trauma, of sexual violence committed by any parties to a conflict,
wounds, maiming, children resulting from rapes, infertility whether international or non-international, constitutes
torture.
and life-threatening diseases. To the absence of readily avail-
able medical care and medical consequences should be added – Rape and other forms of sexual violence by combatants in
social pressure and stigmatization of the victims and the the conduct of both types of armed conflict are now recog-
political unwillingness or inability to address violence against nized as war crimes, most recently in the Rome Statute of
women. These dynamics persist long after the conflict has the International Criminal Court.
ended, further contributing to the trauma, alienation, and – When acts of sexual violence are committed on a systematic
the sense of injustice that women experience. basis or a large scale, or, as upheld in the Rome Statute,
when they are committed as part of a widespread or sys-
The consequences of sexual violence are further explored
tematic attack directed against any civilian population,
in Chapter Nine of this manual on post-conflict situations.
they are considered as crimes against humanity.
But knowledge of these consequences should guide every
step of your work, from monitoring the status of women – Acts of sexual violence constitute a grave breach of the
and allegations, interviews of the victims and witnesses, to Geneva Conventions.
assessment of the information. – Sexual violence may also constitute an element of geno-
cide.
1. Definitions – In all the above cases, acts of sexual violence are subject
to universal jurisdiction.
Sexual violence includes many different types of acts, such
as rape, indecent assault (i.e. fondling a woman’s breasts),
sexual slavery, forced marriage, forced impregnation and The Geneva Conventions do not define what constitutes
forced maternity and sexual mutilation. sexual violence. Human rights law provides definitions of
some acts of sexual violence, such as slavery, but not of
Acts of sexual violence are prohibited under both interna-
others, such as rape.
tional human rights law and humanitarian law.
This situation, however, evolved considerably in the 1990s
with the judgements of the International Criminal Tribunal
for the Former Yugoslavia (ICTY) and the International Cri-
minal Tribunal for Rwanda (ICTR), and with the negotiation
and adoption of the Rome Statute for the International
Criminal Court (ICC), and the ensuing work in determining The key elements to keep in mind are that (i) rape may
the Rules of Procedures and Evidence for each of the crimes include vaginal, anal or oral penetration; (ii) a single act of
identified by the Rome Statute. The definitions arising from rape is sufficient to be prosecuted and to constitute a war
the work of the ICTY and ICTR and those included in the crime; (iii) a coercive environment is not limited to the
Rome Statute are especially useful to your documentation use of physical force but may include threats, intimidation,
work and have filled a fundamental international legal gap. extortion, etc.
1.1 Rape Example: Sierra Leone
The ICTR, in its Akayesu decision of September 2, 1998, Mariatu (not her real name), now aged 16, was abducted
has provided the international community with the widest from the village of Mamamah, some 40 kilometres from
interpretation of the crime of rape at the time of writing Freetown, as rebel forces retreated from the capital in Janu-
and one which is considered hard law, that is, binding on ary 1999. Both her parents were killed by rebel forces when
the parties. The court further noted that coercive circum- they attacked the village. Mariatu was repeatedly gang-raped
stances did not need to be proven by a show of physical by a number of rebels. If she attempted to resist rape she
force. Threats, intimidation, extortion and other forms of was denied food and beaten.
duress that prey on fear or desperation could be considered
Often victims of rape have suffered further brutality, includ-
coercion.
ing having objects inserted into their vaginas. A 14-year-old
DEFINITION girl was stabbed in the vagina with a knife because she had
refused to have sex with the rebel combatant who abducted
Rape consists of a physical invasion of a sexual nature, com- her. Another woman had small pieces of burning firewood
mitted on a person under circumstances which are coercive. put into her vagina. One 16-year-old girl was so badly injured
Sexual violence, including rape, is not limited to physical after repeated rape that, following her escape, she required a
invasion of the human body and may include acts which do not hysterectomy. Beatings have been common and most victims
involve penetration or even physical contact. who have subsequently been released have bruising. 61
The ICC has defined rape as the invasion of any part of Example: Chechnya
the body of the victim or of the perpetrator with a sexual “Musa” witnessed a 14-year-old girl being raped by a dozen
organ, or of the anal or genital opening of the victim with prison guards in the corridor outside the cells in which he
any object or any other part of the body. The invasion must and other detainees were held. The girl had come to visit her
be committed by force, threat of force, coercion, by taking detained mother and for the price of 5,000 roubles she was
advantage of a coercive environment, or against a person permitted a five-minute meeting. Her five-minute meeting
incapable of giving genuine consent.
61 Amnesty International, Sierra Leone: Rape and other forms of sexual violence against
girls and women, London: AI, 2000 (AI Index: AFR 51/35/00).
became a four-day ordeal during which she was locked in a Example: Foca, Former Yugoslavia
cell, beaten and repeatedly raped by guards.62
Sexual assaults, rapes, gang rapes and humiliation were a
1.2 Sexual Slavery daily occurrence from the outset of their detention [....] they
found themselves in different numbers at different houses,
According to the 1926 Slavery Convention, slavery should
moved to and from, but they would always have to serve the
be understood to be the status or condition of a person
men sexually as well as to perform household chores.63
over whom any or all the powers attached to the right of
ownership are exercised, including sexual access through As they are considered ‘property’, their ‘owners’ may sell,
rape or other forms of sexual violence. barter, or lend them to others to provide sexual services or
for forced labour.
The ICC defines the crime of ‘enslavement’ as the exercise of
any power related to the right of ownership over a person, Example: Foca, Former Yugoslavia
including in the course of trafficking in persons, in particu-
Usually the girls and women were taken out from the de-
lar women and children. Sexual slavery is not specifically
tention centres, were kept for a couple of hours and then
defined in the ICC Statute.
returned. But while most women were eventually transferred
Although the ICC does not detail the crime of sexual slav- to Montenegro and released mid-August 1992, several girls
ery, prosecutors for the ICTY have sought to indict eight and young women were kept as slaves in different houses
men on various grounds, including on the grounds of sexual and apartments up to February 1993. They had to perform
slavery, in the so-called Foca indictment, first issued on household chores and were kept as private property of some
June 26, 1996. At the time of writing, the judgement, and of the men. Some of them were eventually sold to Montene-
the definition of sexual slavery, were not yet known. grin soldiers who, again, kept them as slaves.64
The circumstances leading to the Foca indictment are de- The sexual slavery of women and girls is regulated and
scribed in this section, along with a description of sexual organized.
slavery in another context, that of the Northern Uganda
Example: Foca, Former Yugoslavia
conflict.
The testimonies of witnesses showed that the soldiers would
The review of both situations allows some conclusions to be
mostly come at night to select women and girls when they
drawn regarding the crime of sexual slavery.
were off-duty from fighting on the front line or mopping up
Sexual slavery consists of women and girls being the prop- surrounding villages. Not every soldier, however, was allowed
erty of one or several persons and forced to engage in to do so. There are indications that soldiers needed permis-
sexual acts with their owner or owners.
63 From Amnesty International, Bosnia-Herzegovina: How can they sleep at night?,
62 Amnesty International, Chechnya: Rape and torture of children in Chernokozovo “filtration September 1997 (Index: EUR 63/022).
camp”, News Service: 056/00; AI INDEX: EUR 46/19/00; March 23, 2000. 64 Ibid.
sion from either the Chief of Police in Foca or from their of armed forces, including cooking pots, water, jerrycans,
paramilitary leaders, who were in charge of the houses in clothes, etc. Whether in Sudan or Uganda, both boys and girls
which the girls and women were raped.65 are expected to provide domestic services, including carrying
heavy loads, cooking, fetching water and wood, etc. After
The enslavement of women and girls is preceded by their ab-
military training, girl soldiers continue to provide domestic
duction, and the use of various forms of violence against the
services, whether in military campaigns or not, assisted in
victims and others, including killings of family members.
their tasks by newly abducted girls and boys.67
Example: Northern Uganda
In some cases, as in Northern Uganda or Sierra Leone, sexual
“One afternoon [in 1996], the rebels came and asked for my slavery of women and girls may also involve them being
two children, a boy and a girl. My daughter was 14 years old forced to marry their owners.
and had already developed breasts. My son was 13 years old.
Example: Sierra Leone
My daughter was captured and remained with the rebels for
2 days. My son remained in the bush for 2 months and was Studies by UNICEF have shown that 75% of abducted girls
rescued [by the UPDF (Uganda People’s Defense Force)] after and young women have been sexually abused; other esti-
an ambush [...]The day the rebels captured my children they mates put the figure at 90%. In some cases girls and women
beat me terribly and raped me. There were many of them. have been forced to become the sexual partner or ‘wife’ of a
I was left unconscious in my compound. [...] My daughter single combatant. In other cases they have been abused by
was raped as well: the commander took her as his wife the several combatants.68
same day she was abducted.”66
1.3 Other Acts of Sexual Violence
Sexual slavery is often accompanied by forced labour, includ-
Forced pregnancy is defined in the Rome statute as the
ing domestic chores. In some situations, women and girls are
unlawful confinement of a woman forcibly made pregnant
also forced to fight.
with the intent of affecting the ethnic composition of
Example: Northern Uganda any population or carrying out other grave violations of
international law.
Life with the rebels is one of unremitting hardship and priva-
tion for both girl and boy abductees. It begins immediately Example: Foca
following the abduction when the newly captured children are
Fikreta’s four-year-old daughter was also taken with her; she
forced to carry heavy loads that have just been looted from
was able to watch through an open door as her mother was
the villages or are part of the typical logistical equipment
stripped, searched for valuables, and as a pistol was put
65 Ibid. 67 Ibid.
66 Amnesty International, Uganda: Breaking God’s Commands : The Destruction of 68 Amnesty International, Sierra Leone: Rape and other forms of sexual violence against
Childhood by the Lord’s Resistance Army, 1997 (AI Index : AFR 59/01/97). girls and women, London: AI, 2000 (AI Index: AFR 51/35/00).
to her head. She reported that she was then raped by four Examples
men. “They told me they would like us to give birth to Cetnik
Direct deprivation of reproductive capacity would include
children [...] They told me ‘we will do everything so that you
forcing women to undergo hysterectomies. Indirect depriva-
never even think of returning’.” 69
tion could include affecting women’s reproductive health
Persecution: According to the Rome Statute, gender-based through the deployment of chemical weapons, nuclear
persecution involves the intentional and severe deprivation weapons testing, or environmental damage.
of fundamental rights by reason of the victim’s gender
According to the Rome Statute, other acts of sexual violence
[Rome Statute, Articles 7(1)(h) and 2(h)]. Gender persecu-
consist of the perpetrator carrying out an act of a sexual
tion may be based solely on gender or be combined with
nature with one or more persons, or causing such persons to
other grounds, such as political opinion or ethnicity. Per-
engage in an act of a sexual nature by force, threat of force,
secution may involve acts which, in and of themselves, are
coercion, or by taking advantage of a coercive environment
less atrocious than other crimes, but when taken together
or of such person’s inability to give genuine consent.
amount to an extreme deprivation of fundamental rights
so as to reach the level of a crime against humanity. The Examples: fondling a woman’s breasts or other parts of the
crime of persecution must be “in connection with any act body, forced nudity, etc.
referred to in [the crimes against humanity section under
1.4 Coercion
the Rome Statute] or any crime within the jurisdiction of
the Court.” Coercion includes fear of violence, duress, detention, psy-
chological oppression or abuse of power. Thus, the crime of
Example: Afghanistan
rape could include situations in which the victim submits
The most extreme example of gender-based persecution is to a sexual act to avoid harm, to obtain the necessities
the sexual apartheid regime maintained by the Taliban in of life, or for other reasons that have effectively deprived
Afghanistan. her/him of the ability to consent.
Enforced Sterilization Example: Sierra Leone
According to the Rome Statute, enforced sterilization oc- Girls and women abducted by rebel forces have been raped
curs when the perpetrator deprives one or more persons as a matter of course. Many have been threatened that they
of biological reproductive capacity which was not justified would be killed if they tried to resist rape. One rape victim
by medical or hospital treatment or carried out with the quoted the combatant who abducted her as saying: “You
victim’s genuine consent. don’t understand. This is the reason we go and capture you
people. If you don’t sleep with me today, I’ll kill you.”70
69 From Amnesty International, Bosnia-Herzegovina: How can they sleep at night?, 70 Amnesty International, Sierra Leone: Rape and other forms of sexual violence against
September 1997 (Index: EUR 63/022). girls and women, London: AI, 2000 (AI Index: AFR 51/35/00).
Example: East Timor there, women were taken every night to be raped, both
within the premises of the Partizan Sports Hall and to other
“Indonesian academic George Aditjondro [...] has conducted
locations. Furthermore, women and girls who were injured
extensive research on the social and environmental impact
because of sexual abuse or because of beatings received no
of Indonesia’s invasion of East Timor. He concluded that
medical care, the prisoners were denied blankets or towels
circumstances surrounding the military occupation have re-
and given only meagre amounts of food. Two women report-
sulted in sexual harassment being rife. Aditjondro’s research
edly died there due to beatings.
led him to conclude that the more prevalent form of sexual
relations between soldiers and East Timorese women was as One 12-year-old girl was detained at the Partizan Sports Hall
a result of military pressure.” 71 in August 1992. During her 10-day detainment, she said that
she was taken from the centre 10 times to be raped; her
mother was taken twice.
2. Specific Cases
One night in September, a group of Bosnian Serbs took a
2.1 Systematic rape and sexual enslavement group of women and their children from the Partizan Sports
in Foca 72 Hall to a nearby apartment building; three of them were
The conflict in Foca, a town in the south of Bosnia-Herze- Sanela, Fikreta and Nusreta [these names are pseudonyms;
govina near the border with Montenegro, began in early their real names are known to AI]. Sanela reported: “I
April 1992. As Bosnian Serb and Yugoslav armed forces was raped by two of them. Then they brought in more
took control of the town and surrounding villages, Bosniacs Cetniks73 who wanted to rape me. I said no. They said that
(Bosnian Muslims) and Bosnian Croats were rounded up and they would throw my child out the window. I cried and
arrested or kept confined in their homes. Men were taken screamed, and they did nothing.”
to a number of detention centres, including one where hun- Rape was a systematic practice in Foca. The ICTY has issued
dreds if not thousands were detained, the Kazneni Popravni an indictment against eight men, several of whom are al-
Dom (KPD) prison in Foca; many are still ‘missing’ from that leged to have directly participated in the repeated rapes
prison, although it is likely they were killed. Women and over several months of two victims who were allegedly
girls were held in those centres as well as in places organized detained and repeatedly and systematically raped for more
specifically for sexual enslavement or rape. than six months. Both were held in numerous detention
One place where scores of women, children, and the elderly centres, including the Buk Bijela settlement, the Foca High
were held in inhuman conditions was the Partizan Sports School and the Partizan Sports Hall (where they were held
Hall. According to testimony of those who were detained
73 Cetniks were Serbian fascists in the Second World War. Although some Serb
paramilitary troops used the term to refer to themselves in the recent conflict,
71 Amnesty International, Women in Indonesia and East Timor, ASA 21/51/95, p.14.
most find the term derogatory. The term is also sometimes used to distinguish
72 Source: Amnesty International, Bosnia-Herzegovina: How can they sleep at night?, Bosnian Serbs supportive of Republika Srpska from those loyal to the Federation
September 97 (index: EUR 63/022). of Bosnia-Herzegovina.
with scores of other detainees), as well as being held in of rape of Bosnian Muslim women in Foca. Several of the
sexual enslavement with several other women in private women who were raped have already testified at the ICTY;
residences, including Nusret Karaman’s house and an apart- others are testifying in secret to guard their identity and
ment in the Brena apartment complex.74 to protect them from retribution from other indicted men
still at large, or their associates.
The eight men indicted by the Tribunal are accused of com-
mitting gang rape, systematic rape, sexual assaults, torture
and enslavement of Bosnian women and girls. According Extract from the ICTY Indictment
to the indictment, “Acts of forcible sexual penetration of a COUNTS 45-48
person, or forcing a person to sexually penetrate another Enslavement and Rape of FWS-75, FWS-87 and Seven Other
[...] can constitute an element of a crime against humanity, Women in Karaman’s House
violations of the laws and customs of war, and a grave breach 8.1 Pero Elez, a Serb paramilitary leader in a position of regional
of the Geneva Conventions.” 75 authority commanded an elite unit of Vukovar fighters. Pero
Elez’s headquarters were in the Miljevina Hotel. On 2 August
This is the first trial at the ICTY in which the rape and 1992, Dragoljub Kunarac, in concert with Pero Elez, took
sexual enslavement of Bosnian Muslim women was seen as FWS-5, FWS-87 and D.B. from the Montenegrin headquarters
a crime against humanity. In previous cases, rape has been in Foca to the Miljevina Hotel because the women had
regarded as a violation of the rules or customs of war. In spoken to journalists the day before about the living condi-
his opening statement, prosecutor Dirk Ryneveld stated, tions in Partizan Sports Hall. Pero Elez ordered the detention
“What happened to these Muslim women occurred purely of the three women in a house, which was close to the Hotel
because of their ethnicity and their religion and because [...] Some were as young as twelve and fourteen years of
they are women.” age. The number of women and girls detained at Karaman’s
house between 2 August 1992 and at least until 30 October
The trial of three of the indicted men began on March 20, 1992 totalled nine. RADOVAN STANKOVIC, a soldier from
2000. The three are jointly accused of 33 counts of crimes the elite unit commanded by Pero Elez, was in charge of
against humanity and violations of the rules and customs Karaman’s house after the death of Pero Elez. RADOVAN
of war, and charges against them include rape, torture, STANKOVIC ran Karaman’s house similar to a brothel.
enslavement and deprivation of dignity. 8.2 In contrast to Partizan Sports Hall, the detainees at Kara-
All three men are accused of personally committing rape, man’s house had sufficient food. They were not guarded
and of bringing women to locations where they were raped or locked inside the house. The detainees even had a key
they could use to lock the door and prevent soldiers, not
by others, and of taking part in an organized campaign
belonging to Pero Elez’s group, from entering. The detainees
were also given the telephone number of the Miljevina
74 Information from the indictment of eight people confirmed on June 26, 1996 by motel, and were told that they should call this number if any
the Tribunal, Case No. IT-96-23- I. soldier without authorization tried to enter the house. When
75 Foca indictment, at paragraph 4.8.
the women did call this number, either RADOVAN STANKOVIC they knew too much. FWS-87 felt suicidal during the entire
or Pero Elez would come to prevent other persons from enter- time of her detention in Karaman’s house.
ing the house. Although the detainees were not guarded,
8.8 By the foregoing acts and omissions, RADOVAN STANKOVIC
they could not escape. They had nowhere to go as they were
committed:
surrounded by Serbs, both soldiers and civilians.
COUNT 45 (Enslavement)
8.3 FWS-75 and FWS-87 were detained in Karaman’s house
between or about 3 August until or about 30 October 1992, Count 45: Enslavement, a CRIME AGAINST HUMANITY pun-
together with 7 other women. Pero Elez treated the women ishable under Article 5 (c) of the Statute of the Tribunal.
as his personal property.
2.2 Rape and sexual slavery
8.4 During the entire period of their detention at Karaman’s
in the northern Uganda conflict 76
house, FWS-75, FWS-87 and the other female detainees
were subjected to repeated rapes and sexual assaults at Both boys and girl abductees are human livestock owned
night. All the perpetrators were Serb soldiers who belonged by the Lord Resistance Army (LRA) leadership, but within
to Pero Elez’s group. Among the soldiers who frequently the strict and hierarchical organizational structure of the
raped FWS-75 and FWS-87 (vaginal and anal penetration) rebels, girls and women, as a group, are at the bottom;
was RADOVAN STANKOVIC.
they are chattel denied every right, and subjected to forced
8.5 The first time both women were raped in Karaman’s house marriage amounting to institutionalized rape.
was on or about 3 August 1992, shortly after their arrival.
An unidentified soldier raped FWS-75 (vaginal penetration)
The right of ownership over the girls and women is exer-
while RADOVAN STANKOVIC raped FWS-87 that day. cised first by Kony himself, as the supreme leader of the
LRA, followed by the leader and commanders of the group
8.6 In addition to the rapes and other sexual assaults, all the who abducted the girls, and then the boy or man to which
female detainees were forced to work for the Serb soldiers, the girl has been allocated, either as wife or as ‘helper’.
washing uniforms, cooking and cleaning the house. FWS-87
was taken three times from Karaman’s house to other build- The powers exercised by the ‘owners’ of girls as wives or
ings in Miljevina. On these occasions, she was forced to helpers are enormous. They include the power to allocate
clean rooms in the buildings, cook for the soldiers and and rape girls (and women) in total impunity, including
paint the window-frames. On one of the three occasions, raping the girl helper, as well as the power to transfer them
when she was taken out with another woman, two Monte- to another owner.
negrin soldiers sexually assaulted both women.
8.7 At Karaman’s house, the detainees constantly feared for
their lives. If any woman refused to obey orders, she would
be beaten. Soldiers often told the women that they would 76 From Amnesty International, Uganda: Breaking God’s Commands: The Destruction
of Childhood by the Lord’s Resistance Army, London: AI, 1997 (AI Index:
be killed after the soldiers were finished with them because
AFR/59/001/1997).
Both boy and girl abductees are subject to other forms of The nature and function of forced marriage within the LRA
power: the imposition of hard labour and physical punish- social system is further demonstrated by the strict regula-
ment amounting, in the worst cases, to torture, and the tions imposed on the sexual behaviour of both boys and
power to kill, a power that can be exercised by the girl or girls. The moment a girl has been forced into the ranks of
boy’s owner, a higher commander within the group or Kony the LRA, rape or consensual sexual relationships outside
himself. the forced marriage are strictly forbidden and punished by
the killing of both boys and girls (in the case of consensual
Wife ownership, polygamy, a husband’s exclusive sexual
sex) or of the boy (in the case of rape). Such rules, however,
rights over his wife, including rape, and various forms of
are spatially bound, in that they do not apply to the vil-
violence against women are not specific to the LRA social
lages. Amnesty International has gathered testimony dem-
system. These and other practices have been acknowledged
onstrating the frequent occurrence of the rape of women
by recent governmental reports that point to women’s
and girls during the attacks and looting of villages, and the
vulnerability through marriage and to Ugandan women
total impunity surrounding it.
and girl’s lower status within the family, community, and
society at large.77 What is specific to the LRA is the extent, Within the political and military space constituted by
nature, and functions of violence against women, and the urban and rural communities, rape is clearly considered,
particularly brutal, hierarchical and institutionalized con- along with killings and torture, as a strategy of warfare, a
ditions in which violations of women’s human rights are means of intimidation and control over the populations. It
carried out. does take, however, another dimension and function within
the LRA ranks: once a girl has been forced to join the rebel
Ownership of women and girls resulting from forced con-
group, she becomes the property of the movement, and
scription and forced marriage is part and parcel to both the
rape through forced marriage a regulated and naturalized
military strategies of the LRA and the social order devised
activity fundamental to the socio-military engineering and
by the leadership. It is a reward distributed to people who
functioning of the group.
are rigorously carrying out the orders of their commanders,
including the killing of prisoners of war and captured vil-
lagers, and as such may be said to constitute an incentive 3. Steps Involved in Documentation
for such behaviour. It is also a source of prestige and proof
of status, the reflection and foundation of the LRA social Documenting sexual violence requires several steps to be
order, as the higher the rank within the LRA hierarchy, the carried out, which are summarized in this section.
greater the number of ‘wives’ and domestic ‘helpers’. 3.1 Preliminary stages
77 The Government of Uganda, Uganda National Council for Children, Equity and – Monitor the armed conflict and the situation of women.
Vulnerability: A Situation Analysis of Women, Adolescents, and Children in Uganda,
– Keep track of all cases brought to your attention.
1994. Ministry of Gender and Community Development, Country Reports in Preparation
for the fourth World Conference on Women 1995. – Identify patterns regarding acts of sexual violence.
These patterns may refer to the identity of the victims, 3.2 Knowledge of the medical and social
the location of the attacks, the methods used, the circum- consequences of sexual violence
stances of the abuses, the alleged perpetrators and the
Understanding the nature of sexual violence and its impact
official responses.
on victims will allow you to conduct proper interviews
Conduct fact-finding within or outside the area. The key and to refer the victims to medical or legal experts who
questions guiding fact-finding activities include the fol- may be in a better position to help the female victim. The
lowing: following are key steps:
– Is it safe to go to the scene? Could my presence endanger – Familiarize yourself with the medical consequences of
the lives of the witnesses and contacts? Are there al- sexual violence, referred to as Rape Trauma Syndrome, a
ternative places where I can gather further information form of Post-Traumatic Stress Disorder (PTSD).79
and evidence? – Collect information on the medical consequences for the
– What kind of evidence do I need to assert that an act of victim in the context of her country (i.e. high prevalence
sexual violence took place? of sexually transmitted diseases, including HIV).
– Who is most likely to give me access to this evidence? – Find out whether there are any facilities and provisions
for medical check-ups for sexually transmitted diseases,
– How best can I interview victims and witnesses?
(including HIV), and reproductive health.
Assess information. The key questions include the follow-
– Identify institutions or professionals working with vic-
ing:
tims of sexual violence.
– Does the abuse violate IHL?
– Learn about the social and economic consequences for
– How reliable is my primary source of information? victims of sexual violence (i.e. rejection, alienation,
– Is the allegation consistent with the patterns regarding pressure, divorce, prostitution, etc.).
such abuses? – Seek expert advice and possibly assistance to conduct
– How valid or consistent is medical and other evidence? the interviews: medical practitioners specializing in
– How reliable and consistent are the testimonies? sexual violence, members of women’s NGOs offering sup-
port to victims of sexual violence, etc.
– Who is responsible?
In addition to these general steps, the investigation and
assessment of sexual violence require specific precautions,
78 Agnès Callamard, Methodology for Gender-Sensitive Research, AI-Canada and ICHRDD:
preparations, evidence and information. The following is a
Montréal, 1999; Documenting Human Rights Violations by State Agents: Sexual
summary of what is involved with regard to this subject, Violence, AI-Canada and ICHRDD: Montréal, 1999; Ukweli: Documenting Sexual
which has been discussed in other booklets to which the Violence, AI-Netherland and CODESRIA: London, 2000.
79 Documenting Human Rights Violations by State Agents: Sexual Violence,
reader should refer.78
pp.23-24.
3.3 Necessary precautions and preparations the necessary information to document the allegation. The
for interviewing victims and witnesses interview should never reinforce the survivor’s feeling of loss
of control. She should always be given choices and decisions,
It cannot be overemphasized that interviewing survivors
including the decision to end the discussion.
of violations requires many precautions and much prepara-
tion. Precautions concern the safety and well-being of the
survivors, family members and contacts during and after INTERVIEWING VICTIMS OF SEXUAL
they have agreed to talk to you. Preparations include skills VIOLENCE: PRECAUTIONS
in terms of interviewing and knowledge of the consequences Please refer to “Interview Guidelines” in the booklet Meth-
of the abuses the survivors have endured and of the impact odology for Gender-Sensitive Research.
of the interview itself. – Consider all possible risks to the safety of the victims and
witnesses or their families; identify and implement protec-
Be especially aware that it is your obligation to conduct the
tion measures; if necessary, seek assistance from trusted
interviews in the safest, least traumatic, and most respectful
diplomatic missions or governments for relocation and re-
manner. settlement.
The interview is likely to re-awaken post-traumatic stress. – Rely on trusted local contacts (the so-called gate-keepers)
After disclosure, the survivor or witness frequently experi- to approach victims and witnesses.
ences traumatic reactions, including flashbacks, and night- – Assure the victims of the confidentiality of their testimony,
mares. Ideally, all interview sessions should be followed by explain what will be done with their testimony and do ev-
a debriefing, the same or next day, in which you ask the erything to ensure that the victims understand the implica-
survivor or witness, alone or with other interviewees, what tions of giving their testimony.
it felt like to be interviewed. – Ascertain whether they have been interviewed before, by
whom and for what purpose.
Sexual torture is one of the most difficult allegations that
can be made because of the social, cultural, moral, and – If the victims are unwilling to speak about their own ordeal,
political environment. In almost all societies, a woman, man ask questions about any other abuses they may have wit-
nessed: they may be willing to talk about what happened
or child coming forward with allegations of rape, sexual
to others.
violence or sexual humiliation, has a great deal to lose and is
likely to face extraordinary pressures and ostracism from the – Include debriefing sessions: the interview is likely to re-
closest members of her/his family and the society at large. awaken post-traumatic stress. After disclosure, the survivor
or witness frequently experiences traumatic reactions, in-
The victims of sexual violence may be unwilling to report cluding flashbacks, and nightmares.
the abuses. It will take all your skills, knowledge and sensi- – Be aware of your own fears and reluctance to talk about
tivity as an interviewer to elicit from the interviewee an certain abuses and the hidden messages you may com-
acknowledgement that sexual violence did take place and municate to the survivors.
4. Evidence Required 4.3 Official or semi-official statements
The quality of the interviews is key to the investigation and These statements may be made with reference to a specific
assessment of the information. Because of this, it is very allegation or may be of a more general nature, such as
important to be well prepared for your interviews, well- statements that incite violence against women or women
versed in the definition of the crimes you are investigating of a specific community, or that condemn certain types of
and the nature of the information required from the survi- abuses, such as sexual violence.
vors and witnesses, familiar with the patterns of abuses, Section 4 of Chapter Four of this manual provides details
and to elicit all required information from the witnesses on assessment of allegations.
and survivors.
4.4 Evidence of physical marks
In most cases, the evidence regarding acts of sexual vio- of sexual violence
lence will consist of interviews and testimony, medical
records and/or expert opinions, official or semi-official In a smaller number of cases, you may also be able to obtain
statements, physical marks on the victim’s body and pho- physical evidence of sexual violence. This evidence may
tographs. include genital trauma, bruising or other signs of violence,
which have been documented by medical doctors or other
4.1 Interviews and testimony of the victims practitioners. In many cases, however, survivors of sexual
themselves and witnesses violence are unable to seek medical assistance or are only
Conclusive demonstration that rape, sexual slavery or enable to do so long after the abuse took place. Physical
forced prostitution (in addition to rape) took place, or that marks may have disappeared and a medical certificate may
coercion was involved (as subtle as it may be, i.e. food in be inconclusive.
exchange of sexual services) will rely to a large extent on 4.5 Photographs
the quality of the testimony and information provided by
the survivors and witnesses. In some cases, photographs of the victims’ bruises or other
forms of sexual violence may have been taken after the
4.2 Medical evidence: expert evaluation by Rape abuse took place. Again, as with the physical evidence of
Trauma Syndrome or PTSD specialists sexual violence, there are few cases in which victims or their
Evidence of post-traumatic stress disorder is considered friends or families take pictures of the physical marks of
valid medical evidence that abuse took place. Whenever their abuse. In addition, in many situations, access to a
possible, you should therefore seek assistance from experts functioning police or medical system responsible (in peace-
in this area and, provided the victims agree to it, ask them time) for carrying out these activities is very difficult.
to evaluate the mental state of the survivors. Be aware that
evidence of PTSD is not always considered as evidence of
rape, other forms of torture or ill-treatment.
5. Key Information Required – Whether sexual acts were forced upon women for the
financial gain of those who were detaining them.
The nature of the acts: demonstration that an act of a
sexual nature (most often accompanied by other forms of Forced labour: whether women had to perform forced
violence) has taken place, such as fondling the breasts and labour, engage in combat, etc.;
other parts of the body, stripping the victims, penetrating Other abuses: whether women were beaten, ill-treated,
the anal or genital opening, fellatio, etc. victims of other forms of torture, etc.;
The circumstances surrounding the abuses: demonstra- Abuse inflicted upon others: description of the abuse and
tion that the act was accompanied by the use of force, threat the circumstances.
of the use of force, duress, psychological oppression, abuse
of power, etc.
The identity of the perpetrators: by name or nickname,
rank, uniform, etc.
In addition, if you are seeking to demonstrate that the vic-
tims were the victims of sexual slavery, forced pregnancy,
etc., you will need further information from them on the
following aspects:
Behaviours and statements of the perpetrators (i.e.
“explanations” for the acts, such as making the women
pregnant);
Duration of the detention (i.e. until the women become
pregnant or give birth);
Nature of the coercive relations
– Statements and acts indicating that women are the
property of a specific individual or individuals (i.e.
forced marriage, women being sold, bartered or lent by
their “owners”).
– Nature of the power and prerogatives allocated to the
individuals who are detaining them.
DOCUMENTING 7
TRAFFICKING IN PERSONS
1. Definition
At present the only definition of trafficking is that con-

tained in the 1949 Trafficking Convention, ratified by only
69 nations and largely irrelevant to present practices. The
Draft Convention on Transnational Organized Crime has
two Protocols, one of which deals with the trafficking of
human beings. Although the exact wording has yet to
be agreed upon, this Convention will ultimately provide
the international legal definition.80 At present, a working
definition, and one that has been adopted by the Special
Rapporteur on Violence Against Women, brings together
the following elements:
Trafficking in persons means the recruitment, transporta-
tion, purchase, sale, transfer, harbouring or receipt of
persons by threat or use of violence, abduction, force,
fraud, deception or coercion (including the abuse of
authority), or debt bondage, for the purpose of placing
or holding such a person, whether for pay or not, in
forced labour or slavery-like practices, in a community
other than the one in which such a person lived at the
time of the original act.
Clearly, there are a variety of offences under both national
and international law committed during the trafficking
process. The distinction is the element of coerced transport
and coerced end labour.
80 Discussions resumed in October 2000.
The lack of a specific international definition of trafficking of national law, prosecutable as rape, assault, sexual assault,
in persons should not mean that it cannot be prosecuted, illegal detention, etc., depending on the circumstances of
it merely necessitates the identification of the range of each case. If not prosecuted, then such practices constitute
offences that are committed during the trafficking process. human rights violations under various provisions of the
Many individuals voluntarily choose to leave their country international conventions, among others, relating to the
of origin, notoriously because of economic necessity, and right to freedom from torture and other CID treatment,
some choose to work in the sex industry. To exclude these the right to bodily integrity, prohibitions on forced labour,
persons from protection because they do not fall into the privacy, and freedom of movement.
original, coerced category would be to perpetuate the dis-
There is a tendency to apply the concept of trafficking
crimination and to fail to apply human rights norms.
only to women and children and only for the purposes of
1.1 Forced prostitution forced prostitution. This ignores the violations faced by
the men and women who work in sweat shops, as domestic
Forced prostitution 81 generally refers to conditions of co-
labourers, women who are bought for marriage and for
ercive control over a person who is held by another for the
a multiplicity of other uses. The broad definition that
purposes of sexual activity.
includes all forms of coerced labour is the one that human
During armed conflict, forced prostitution is considered a rights defenders should seek to uphold.
violation of the Geneva Conventions and the Additional
1.2 Prostitution of minors
Protocols as they apply to the combatant states.
The CRC defines a minor as anyone under the age of 18.
Forced prostitution, in all situations, while not specifically
Under the CRC, necessary protection for minors is provided
listed in the principal human rights treaties, is a violation
on the basis of their changing capacities without discrimina-
tion.
81 The crime of enforced prostitution is listed in Articles 7(1)(g), 8(2)(b)(xxii) and
8(2)(e)(vi) of the Rome Statute for an International Criminal Court. The ICC Elements Most states have legislation that makes a distinction with
of Crimes states the following elements for enforced prostitution: respect to the legal liability of minors, considering those
1. The perpetrator caused one or more persons to engage in one or more acts of over the age of 16 to be ‘senior minors’ with different
a sexual nature by force, or by threat of force or coercion, such as that caused
by fear of violence, duress, detention, psychological oppression or abuse of sentencing regimes. Article 37 of the CRC states that there
power, against such person or persons or another person, or by taking advantage must be separate detention facilities and that children
of a coercive environment or such person’s or persons’ incapacity to give
genuine consent.
should not be incarcerated with adults. For all states, re-
2. The perpetrator or another person obtained or expected to obtain pecuniary gardless of whether prostitution is a criminal offence,
or other advantage in exchange for or in connection with the acts of a sexual national regimes will regulate what is considered a criminal
nature.
offence, using either an absolute age level or a graduated
See Article 7 (1) (g)-3 and Article 8 (2) (b) (xxii)-3, Finalized draft text of the
Elements of Crimes, Report of the Preparatory Commission for the International age scale, with particular concern for the abuse of authority
Criminal Court, 6 July 2000, UN Doc. PCNICC/2000/INF/3/Add.2 by an adult.
During international armed conflict, there is no derogation pulled out of the province last June and turned it over to UN
from the position stated above. In addition, the Geneva Con- control, thousands of East European women have been lured
ventions and Protocol 1 apply to the combatant states and over Kosovo’s unsettled borders to a life of violence, abuse,
additional obligations are found in Article 38 of the CRC. starvation and disease that police describe as subhuman.
Behind the doors of dimly lit makeshift bars, women are
During intra-national armed conflict, Article 3 of the Geneva
forced to receive 10 to 20 clients a night on filthy backroom
Conventions and Protocol 2 apply together with Article 38
cots [...] The criminals, who operate across Europe, kidnap-
of the CRC.
ping, terrorizing, and enslaving women, have become a small
There is a tendency to treat women and children as a homo- but particularly dangerous force in Kosovo’s burgeoning
genous and vulnerable group. This is both legally and politi- underworld. Those who have tried to liberate the women
cally incorrect. Human rights defenders must ensure that from the lucrative sex trade have been threatened with
they apply the relevant sections of humanitarian law and mob violence. It is believed some of the captives have been
treaty body law as it applies to and affects men, women, murdered trying to escape [...] “Kosovo is a great big mar-
girls and boys, taking into account that the manner in which ketplace,” says Barbara, an administrator with one of the
violations occur and the subsequent remedies may well be organizations that help shelter the women on their way
different, in relation to both gender and age. back to their home countries, placing them in secret, heavily
guarded locations [...] The women are not voluntary sex
According to a study by the UN on the impact of armed
workers, and they are abused and degraded in a life of daily
conflict on children, in half of the country study reports,
terror [...] [Survivors describe] being locked into a squalid
“on sexual exploitation of children in situations of armed
unheated basement without running water, toilets, or beds
conflict, the arrival of peacekeeping troops has been associ-
to sleep in. Some of the trapped women tried to commit
ated with a rapid rise in child prostitution.” 82
suicide. Others were penned in an attic. All were kept under
lock and key, and women who tried to escape said they were
2. Advice for Documentation beaten [...]
Example: Even aid workers make use of sex slaves in There are 100,000 ‘internationals’ in Kosovo, about 60,000
Kosovo 83 of them aid workers and the rest members of the military
[...] Most disturbing, nearly half of the men who patronize
Pristina, Kosovo – Post-war Kosovo has become the latest the women are international aid workers and peacekeepers,
hotspot in Europe for sexual slavery. Since Yugoslav forces even though it is obvious from the conditions at the sleazy
underground bars that double as local brothels that this
82 United Nations, The Impact of Armed Conflict on Children: Report of the Expert of
the Secretary General, New York, UN, 1996, p. 22. is not prostitution, but slavery. And, according to aid
83 Excerpts from Olivia Ward, “Falling Prey to Peace: Even Aid Workers Make Use workers and KFOR officials who asked not to be identified,
of Sex Slaves as Europe’s Human Traffickers Exploit the War Zone,” Toronto Star, members of at least one of the peacekeeping contingents
European Bureau, May 7, 2000.
are involved in running a brothel in Kosovo. One bar in stood to include what has been defined as “contem-
the Pristina suburb of Slatina, which was raided by Italian porary forms of slavery” such as forced prostitution.
members of the UN police, operated near the headquarters References to slavery, forced and or bonded labour, and
of the Russian forces. Its clients, said police, were American servitude are consistent with existing international
as well as Russian troops [...] Male aid workers, on short- law.
term contracts away from wives and girlfriends, also have
• Coercion in the form of threats or use of force, vio-
little difficulty finding ‘action’ in notorious bars. “Some of
lence, abduction, fraud, deception, or abuse of author-
the women have begged the humanitarian workers to help
ity, or the use of other means that result in the lack
them, and they’re just ignored,” says Barbara. “We are very
of informed consent at any point of the trafficking
shocked by this, and we have urged their organizations to
process.
discipline them [...]”
• Procurement through various methods of recruitment,
According to the Organization for Security and Co-Opera-
including but not limited to sale and purchase.
tion in Europe “[...]More than 174,000 are estimated traf-
ficked each year from the former Soviet Union and East • Transportation, either within national or across inter-
Europe. Most are under 25 but a lot of them are aged 12 national boundaries, which often results in the increased
to 18.” vulnerability of the trafficked persons vis-a-vis protection
of their human rights. As such, it includes the transfer,
As there is no universally accepted definition of traffick-
harbouring, or receipt of persons being trafficked.
ing in persons, in pragmatic terms, those working on the
issue are best served by analyzing the various abuses that The use of these concepts helps to clarify the nature of
occur during the trafficking cycle, identifying where they the types of violations and thus enables intervention to
constitute violations of human rights, and then using in- protect the human rights of those trafficked and to facilitate
ternational human rights standards as a framework for prosecution of perpetrators under existing domestic legisla-
intervention at appropriate points in the cycle. tion.
In Bosnia and Herzegovina, the UNOHCHR and United Na- Protection of the rights of the individual is paramount.
tions Mission in Bosnia and Herzegovina (UNMIBH) have Hence, the policy followed by the international community
developed a trafficking project based on a concept of traf- in Bosnia and Herzegovina encompasses persons who volun-
ficking that is both broad and comprehensive and includes tarily come to Bosnia and Herzegovina to work, in whatever
the following operative elements. capacity, but who then become the victims of crimes, which,
if not prosecuted, constitute human rights violations.
• Exploitation as an end purpose in the trafficking cycle,
which places individuals in conditions of slavery, forced
or bonded labour and servitude that violate fundamen-
tal human rights. The term slavery should be under-
2.1. The Trafficking Project – To work with the relevant ministries and the interna-
tional community to ensure legislative reform and to
The Trafficking Project was launched in March 1999. The
provide witness protection.
gender expert of the UNOHCHR worked with UNMIBH’s Hu-
man Rights Office to design the project. At the same time the – To assist, through IPTF, in the identification and prose-
UNOHCHR enlisted the cooperation of the International Or- cution of traffickers and procurers.
ganization for Migration (IOM) to develop a complementary – To assist in the development of information campaigns.
programme providing both logistical support and counsel-
The main actors in the Trafficking Project are from internatio-
ling to assist the victims of trafficking in returning to their
nal organizations. However, this approach could be replicated
home countries. The programme became fully operational
in jurisdictions where there is no international presence. The
in August 1999. Implementation of the Trafficking Project
work being done by the UN could be done by a combination
was ensured by UNMIBH’s appointment of a Human Rights Of-
of local actors, including the police, judiciary, and health
ficer in March to oversee, coordinate, and advise members of
authorities, with vital input and monitoring by NGOs.
the International Police Task Force (IPTF) working through-
out the country on the policing aspects of trafficking cases. While the international community has taken the lead
The UNOHCHR has overall responsibility for developing poli- in this area, it is also clear that it is in part as a result
cy, liaising with government Ministries other than Internal of its presence that the problem arose in the first place.
Affairs, and coordinating inter-agency responses to traffick- Women are transported to areas where there is a market,
ing issues generally. of whatever kind. 84
The goals of the Trafficking Project are as follows: 2.2 Accountability of peacekeeping forces,
– To ensure appropriate police response to trafficking the UN and international agencies
cases, through IPTF activities in the field as overseen All members of peacekeeping forces are under obligation to
by UNMIBH’s Human Rights Office. comply with national law. Most UN and other international
– To monitor the whereabouts and treatment of trafficked agencies have functional immunity, although international
individuals and take appropriate action to ensure pro- NGOs do not. Essentially, this means that the former are
tection of their human rights. immune from prosecution for activities that occur during
– To provide a temporary place of safety for those victims the course of their work or function in the host country.
who seek assistance. This means that an individual who commits offences while
off-duty could face prosecution. However, in practice this
– To facilitate, where possible, the provision of counsel-
is unlikely to occur; more likely, offending individuals
ling, health care, and legal advice.
would be repatriated. What happens next depends on the
– To provide safe and orderly repatriation for those vic-
tims who wish to return home. 84 There has yet to be evidence of trafficking in Bosnia and Herzegovina for any
purposes other than forced prostitution.
policy of the country of origin. In theory, investigation
and prosecution should occur in the home state, although DOCUMENTING ABUSES 8
OF REFUGEE WOMEN
obvious problems arise here regarding witnesses, collection
of evidence, and so on.
Human rights defenders should obtain the policy of each
agency on the treatment of those who commit crimes while According to the UNHCR, approximately 70% of the dis-
on mission. Where possible, follow up cases and ensure placed world population is comprised of women and chil-
information is provided as to whether prosecutions have dren. This means that between 22 and 28 million women
taken place or not. If the country of origin is a member and children have been uprooted and forced to leave their
of the Council of Europe and no action is taken, consider homes in search of safety. Available evidence indicates that
making an application to the Strasbourg court against the women likely constitute the majority of adult displaced
state in question. populations. Unfortunately, research also points to a gap
between what the empirical data reveals and the policies
and practices in effect in situations in which populations
are displaced. While some progress has been made towards
the integration of a gender-specific dimension to refugee
protection, this progress has been sporadic and limited.
Abuse of displaced women’s rights is a constant in all situ-
ations, and it will be your responsibility to document it
and make recommendations geared not only to providing
remedies for the specific abuses you have identified but,
more generally and in a longer-term perspective, to assist-
ing a process of radical transformation in how emergency
assistance and protection is conceived and implemented.
This chapter focuses on the abuses against women that oc-
cur in mass-influx situations, whether outside the country
of origin (refugee populations) or within (displaced popula-
tions). It begins with an overview of the rights framework
within which you will be operating, and in this context
includes a brief review of the gender-sensitive approach
to the refugee determination process, which many legal
scholars and practitioners have been advocating in Western
countries.
1. International Standards for the The established principle of non-refoulement is a norm
Protection of Displaced Populations of customary international law, binding on all states ir-
respective of whether they are party to the UN Refugee
Displaced populations fall within two broad categories: Convention, and states cannot derogate from it. Other in-
refugees outside their country of origin, and populations ternational human rights instruments also prohibit refoule-
displaced within their own country. Whereas the former ment in all cases in which a person would be at risk of seri-
have been the subject of legally binding standards (the ous human rights violations. Furthermore, the principle is
Refugee Convention), the latter have, until recently, been generally considered to be a rule of international customary
largely neglected by the international community. The law — it is binding on all states, whether or not they have
protection of IDPs is now the subject of specific principles signed any of the treaties governing international refugee
(Guiding Principles on Internal Displacement), but these law and international human rights law.
are not legally binding instruments and have not been
integrated into programmatic and operational work. They The Statute of the Office of the UNHCR, adopted by General
remain simply a set of directions and principles to guide Assembly resolution 428 (V) of December 14, 1950, stipu-
the activities of governments and humanitarian actors. lates that the UNHCR shall:
1.1 The Refugee Convention (i) provide international protection, under the auspices of
the UN, to refugees who fall within the scope of the
The UN Refugee Convention of 1951 defines a refugee as present Statute; and
[someone who] “[...] owing to well-founded fear of being
persecuted for reasons of race, religion, nationality, mem- (ii) seek permanent solutions for the problem of refugees
bership of a particular social group or political opinion is by assisting governments and private organizations to
outside the country of his/her nationality and is unable facilitate the voluntary repatriation of such refugees, or
or, owing to such fear, unwilling to avail himself/herself of their assimilation within new national communities.
the protection of that country [...]” In addition to the Refugee Convention, regional instru-
Central to the concept of refugee protection is the principle ments have also been developed, including the 1969 OAU
of non-refoulement, which prohibits states from sending Convention governing the specific situation of refugee
anyone against their will to a country where they would be problems in Africa, and the 1984 Cartagena Declaration on
at risk of serious human rights violations. Refugees. The OAU Convention and the Cartagena Declara-
tion (Latin America) expand the definition of refugees who
Article 33(1) of the Refugee Convention prohibits state par- must be protected. Essentially, refugees in these regions
ties from expelling or returning (refouler) a refugee to ter- benefit from protection for a wider number of reasons (i.e. if
ritories in which his/her life or freedom would be threatened they must flee from generalized violence, foreign domination
on account of his/her race, religion, nationality, political or other events seriously disturbing public order).
opinions or membership in a particular social group.
In mass exodus situations, governments may not be in a
SOME STANDARDS OF PROTECTION
position to examine each case individually, but will grant
FOR REFUGEES
temporary protection to the entire group. There is a prima
facie presumption of refugee status. Before any people The Expert Group on Temporary Refuge in Situations of Large-
who have been part of a mass exodus are returned to the Scale Influx has set forth several standards, which form the
country they fled, they should be given an opportunity to basis and framework for action by the UNHCR to ensure protec-
individually state their reasons for fearing persecution if tion of refugees in an emergency situation.
returned.
a) they [asylum-seekers] should not be penalized or exposed
1.2 Refugees’ human rights to any unfavourable treatment solely on the grounds that
their presence in the country is considered unlawful and they
The Refugee Convention is meant to address the specific should not be subjected to restrictions on their movements
needs of the refugee populations. It does not override other other than those which are necessary in the interests of
international standards with universal application. It is public health and order;
therefore best to think of the Refugee Convention as an
b) they should enjoy all internationally recognized fundamental
additional instrument rather than as the only one protect-
civil rights, in particular those set out in the Universal
ing refugees and identifying their rights. In fact, one of Declaration of Human Rights;
the standards identified by the Expert Group on Temporary
Refuge in Situations of Large-Scale Influx clearly states c) they should be treated as persons whose tragic plight requires
that refugees should enjoy internationally-recognized fun- special understanding and sympathy;
damental civil rights, in particular those set out in the d) there should be no discrimination on the grounds of race,
UDHR, and that they should be treated as persons whose religion, political opinion, nationality or country of origin;
tragic plight requires special understanding and sympathy.
e) they are persons before the law enjoying free access to courts
Refugees are therefore covered by all human rights instru- of law and other competent administrative authorities;
ments, primarily by the UDHR, ICCPR, ICESCR and others, f) the location of asylum-seekers should be determined by their
and by IHL. safety and well-being as well as by the security needs of the
With respect to refugee women, their rights are also spelled receiving state;
out by gender-specific international legal texts, such as the g) they should be provided with the basic necessities of life
CEDAW (1979), the CRC (1989) and the Declaration on the including food, shelter and basic sanitary and health facili-
Elimination of Violence against Women (December 1993). ties;
h) family unity should be respected;
I) all possible assistance should be given for the tracing of
relatives;
of the European Union have adopted a joint position on the
j) adequate provision should be made for the protection of
meaning of the term ‘refugee’ according to which victims
minors and unaccompanied children. 85
of generalized armed conflicts are seen to fall outside the
meaning of the Convention.
1.3 Specific problems facing asylum claimants
Yet, as the UNHCR itself has argued, it is clear that the
Both male and female asylum claimants fleeing armed con- definition of refugee applies in situations in which an
flict may face two main problems with respect to their status. entire group has been displaced and members of the group
However, female claimants fleeing gender-based persecution are at risk of human rights violations because of some
are likely to face additional problems, identified in the fol- shared, albeit individual, characteristic. There is nothing
lowing section. These problems emerge because of a restric- in the definition that excludes its application to claimants
tive interpretation of the Refugee Convention. who fear returning to situations of civil war.
1.3.1 Human rights violations in civil wars It will be up to you as a human rights activist to ensure
not treated as persecution that the correct interpretation of the Convention is fol-
lowed by national authorities (i.e. through lobbying) so
Persecution that takes place in the framework of counter-
that asylum claimants fleeing armed conflict situations
insurgency operations or civil wars is frequently not con-
are not rejected on the basis that they are the victims of
sidered as grounds for asylum, even if the asylum-seekers
generalized armed conflict.
or their relatives have suffered gross human rights viola-
tions. The argument behind this position is that human 1.3.2 Persecution other than by the state
rights violations in armed conflict situations are generalized,
Many countries interpret the UN Refugee Convention crite-
and do not target specific individuals, while the requirement
ria for those deserving of protection in such a way as to
of a “well-founded fear of persecution” implies that a refugee
exclude persecution by people other than state agents,
must be individually at risk of persecution. Violations are
such as armed opposition groups and private individuals,
also viewed as a ‘normal’ by-product of the war, the so-
known as ‘non-state actors’. They also deny refugee recogni-
called collateral damages that cannot be avoided. Thus, even
tion to those at risk of persecution when the authority
victims of rape by military forces face difficulties in obtain-
of the state has broken down. This approach has major
ing refugee status when the adjudicators of their claim view
implications for female asylum seekers in general, and
such attacks as a normal part of warfare.86 Member states
those fleeing armed conflicts in particular.
85 Executive Committee of High Commissioner’s Programme, Sub-Committee of the This approach clearly contradicts the stated intention of
Whole on International Protection, Report on the Meeting of the Expert Group
on Temporary Refuge in Situations of Large-Scale Influx, Geneva, April 21-24, the UN Refugee Convention that protection should be given
1981, UN Doc. EC/SCP/16 (1981). to those whom the state is unwilling or unable to protect,
86 UNHCR, Guidelines on the Protection of Refugee Women, Geneva: UNHCR, 1991, and runs counter to the spirit of protecting those at risk
par. 36.
of persecution.
The UNHCR position is that recognition of refugee status founded fear of gender-related persecution by reason of any
under the Convention is also justified when persecution one, or a combination of, the enumerated grounds.
is perpetrated by non-governmental entities, for example,
This gender-specific approach to the Refugee Convention can
irregular forces or the local populace, toward an individual
be said to be based on three main precepts. The first is that
because of the grounds enumerated in the 1951 Conven-
women may suffer gender-specific forms of harm. The second
tion, under circumstances indicating that the state was
is that such harm may constitute persecution, provided that
unwilling or unable to offer effective protection against
the claimant can demonstrate that the state was party to
the threatened persecution. That position is set out in
the abuse, or unwilling or unable to offer protection to the
paragraph 65 of the UNHCR Handbook on Procedures and
victims of the abuse. The third is that such persecution is
Criteria for Determining Refugee Status (1979).
based on one or several of the elements listed in the Refugee
1.4 Gender-sensitive approach to asylum claims Convention, namely race, religion, nationality, political
opinions or membership in a particular social group.
Since the mid-70s, efforts have been made to use a gender-
based approach for the definition of ‘refugee’ and particu- 1.4.1 Gender-specific forms of harm
larly for the definition of ‘persecution’ through a focus on
As gender-sensitive research methodology indicates, 87 the
women’s rights. A number of legal scholars, and the UNHCR,
harm inflicted upon women is often gender-specific with re-
have pointed out the gender-biases of the refugee defini-
spect to its form, causes or consequences, or all three. Some
tion and/or its interpretation by immigration officials.
gender-specific forms of harm may include various forms of
They have especially called for a broader interpretation
sexual violence, gender-specific social mores amounting to
of the definition of persecution, and have stressed the
discrimination (i.e. employment or education restrictions,
‘gendered’ nature of both the ‘social groups’ and ‘political
dress codes, voting rights), traditional harmful practices
opinions’ components in the 1951 definition.
(i.e. female genital mutilation), violence within the family
In recent years, a number of countries, most notably Aus- or the community (i.e. domestic violence, forced marriage,
tralia, Canada, the USA, and New Zealand have introduced dowry deaths, honour killings).
guidelines for the assessment of asylum requests involving
1.4.2 Persecution: failure of state protection
gender-related persecution. The intention of these guide-
lines is to clarify the interpretation of the refugee definition As the UNHCR handbook, the UNHCR guidelines on the pro-
by recognizing the specific forms of persecution encountered tection of refugee women and various national guidelines
by women. These guidelines, along with those of the UNHCR, have demonstrated, many such gender-specific forms of
state that although gender is not specifically enumerated harm constitute serious harm, rising to the level of persecu-
as one of the grounds for establishing Convention refugee tion, with respect to the Refugee Convention. Persecution
status, the definition of refugee may properly be interpreted
as providing protection for women who demonstrate a well- 87 Agnès Callamard, Methodology for Gender-Sensitive Research, Montréal, ICHRDD
and AI Canada, 1999.
can be said to occur whenever failure of state protection can In the context of the Convention refugee definition, the
be demonstrated. notion of religion may encompass, among other freedoms,
the freedom to hold a belief system of one’s choice or not to
Failure of state protection may be noted in the following
hold a particular belief system and the freedom to practice
three types of situations: 88
a religion of one’s choice or not to practice a prescribed
– Serious harm has been committed by state authorities or religion. In certain states, the religion assigns certain roles
organizations informally related to them. In the context to women; if a woman does not fulfill her assigned role and
of armed conflicts, serious harm may include deliberate is punished for that, she may have a well-founded fear of
attacks, sexual violence, forced conscription, abductions, persecution for reasons of religion. A woman may also be
etc. Such acts may be committed by members of the perceived as expressing a political view (and have a political
national armed forces or para-military forces. opinion attributed to her) because of her attitude and/or
– Serious harm has been committed by others (i.e. armed behaviour towards religion.
groups, private individuals) but the authorities are
Nationality: A gender-related claim of fear of persecution
unwilling to provide protection because they support the
may be linked to reasons of nationality in situations where
actions of the private persons concerned, they tolerate
a national law causes a woman to lose her nationality (i.e.
them or they have other priorities.
citizenship) because of marriage to a foreign national. What
– Serious harm has been committed by others and the would constitute good grounds for fearing persecution is not
authorities are unable to provide protection. the fact of losing her nationality as such (notwithstanding
1.4.3 Grounds for persecution that such laws are discriminatory in that they do not apply
to men married to foreign nationals), but the consequences
The Refugee Convention identifies five grounds for persecu- she may suffer as a result.
tion. Each one of them can be interpreted from a gender
perspective. The following is based on the Canadian Im- Political opinion: A woman who opposes institutional-
migration and Refugee Board Guidelines: ized discrimination on the basis of gender, or expresses
independent views that run counter to male social/cultural
Race: There may be cases in which a woman claims a fear dominance in her society, may fear persecution by reason
of persecution because of her race and her gender. For of her actual political opinion or a political opinion attrib-
example, a woman from a minority race in her country may uted to her (i.e. she is perceived by the agent of persecu-
be persecuted not only for her race, but also for her gender. tion to be expressing politically antagonistic views).
Religion: A woman who, in a theocracy for example, choos- Social group: Women who fear persecution as the con-
es not to subscribe to or follow the precepts of a state sequence of failing to conform to, or for transgressing,
religion may be at risk of persecution for reasons of religion. certain gender-discriminating religious or customary laws
and practices in their country of origin. Such laws and
88 James Hathaway, The law of refugee status, Butterworth, 1991.
practices, by singling out women and placing them in a are consistent with international human rights law and IHL.
more vulnerable position than men, may create conditions They apply to the various phases of displacement, providing
for the existence of a gender-defined social group. The protection against arbitrary displacement, access to protec-
religious precepts, social traditions or cultural norms that tion and assistance during displacement and guarantees
women may be accused of violating may range from choos- during return or alternative settlement and reintegration.
ing their own spouses instead of accepting an arranged
Although all principles must be applied without discrimi-
marriage, to such matters as wearing make-up, the vis-
nation of any kind, including discrimination based on
ibility or length of hair, or the type of clothing they choose
gender, the guiding principles have also sought to address
to wear.
the specific protection needs of IDP women. This gender-
1.5. Guiding principles on internal displacement specific approach characterizes protection of women from
sexual violence and other forms of harm, participation of
An estimated 25 to 30 million people have been uprooted
women in the planning and distribution of assistance, ac-
from their homes and forced to flee in fear of their lives,
cess to assistance and education, etc. (see Appendix One).
but remain within the borders of their country of origin.
As a result, they are deemed to be “internally displaced 1.6 Accountability
people,” rather than refugees, by the international com-
As human rights activists documenting abuses in the con-
munity. IDPs, by virtue of remaining within their country
text of mass influx of populations, you will face a situation
of origin are covered by all international human rights
with a large number of actors, some of which may not be
standards ratified by their governments, as well as by IHL.
necessarily or directly bound by international human rights
In 1991, the UN Commission on Human Rights adopted instruments, such as non-governmental organizations, or
the first of several resolutions concerning the internally donor countries.
displaced. This led in 1992 to the appointment by the UN
This section provides some possible directions in terms of the
Secretary General of a Representative for Internally Displaced
instruments and other documents to refer to and the identity
Persons, who studied relevant legal issues and held discus-
of the actors to be held accountable whenever situations of
sions with governments about how to improve the condi-
abuses have been documented.
tions of internally displaced people. In 1998, the Special
Representative submitted the Guiding Principles on Internal 1.6.1 Treatment of refugees by the authorities
Displacement. 89 of the receiving state
The purpose of the Guiding Principles is to address the spe- The treatment of refugees by the authorities of the receiving
cific needs of IDPs worldwide by identifying rights and guar- state is bound by the Refugee Convention, domestic law,
antees relevant to their protection. The principles reflect and all international standards ratified by the governments or
considered customary, primarily the UDHR, ICCPR, CAT and
89 E/CN.4/1998/53/Add.2: Guiding Principles on Internal Displacement, February
11, 1998. others, and IHL in situations of armed conflicts (this also
applies to armed groups that may be active around the of assistance. The extent and nature of the UNHCR’s re-
camps). sponsibilities are determined by the following instruments
and documents:
1.6.2 Treatment of refugees by the authorities
of the state of origin – The 1951 Convention;
– The UNHCR statute (adopted by the UN General Assem-
Authorities of the country of origin may target individual
bly);
refugees (i.e. through abduction or killing) or refugee
populations in camps (i.e. through attacks on camps). They – The Executive Committee of the UNHCR’s (ExCom) deci-
may also pressure the authorities of countries of asylum to sions or recommendations;
turn down applications for asylum. Such actions contravene – The specific agreement signed between the UNHCR, and
the international obligations of the countries. Their treat- all or several of the following actors: the receiving state,
ment of the population or individuals who have sought the government of the state of origin, non-governmen-
refuge outside their countries of origin is bound by their tal organizations;
international obligations, as defined by human rights and – Various internal guidelines, primarily the UNHCR Guide-
humanitarian instruments, for instance. lines on the Protection of Refugee Women (1991) and
1.6.3 Treatment of IDPs by national authorities Sexual Violence against Refugees: Guidelines on Preven-
tion and Response: Guidelines on the Protection of Refu-
If the situation amounts to an armed conflict, authorities’ gee Women (1995).
treatment of their internally displaced population is bound
by IHL, along with domestic law and human rights stan- 1.6.6 Protection of refugees and IDPs
dards which are non-derogable. Although the Guiding Prin- by non-governmental organizations
ciples on Displacement is not a legally binding instrument, The nature and extent of the responsibilities of NGOs have
you should attempt to increase its relevance and legiti- been the subject of some debate and action within the
macy by calling on national authorities (and other actors international humanitarian community. Many NGOs have
included in the Principles) to respect it. developed codes of conduct that identify the governing
1.6.4 Treatment of refugees or IDPs by armed groups principles and criteria of their interventions, such as the
Sphere standards or the ICRC Code of Conduct (see Ap-
According to IHL, armed groups should never target civilian pendix Three). They also enter into special agreements
populations (See previous sections). with the UN, the national authorities of the country within
1.6.5 Treatment of refugees or IDPs by the UNHCR which they are operating, local authorities and possibly the
national authorities of the country of asylum (especially
The UNHCR is responsible for the protection of refugees, by when repatriation is being considered). Finally, they are
virtue of its statute. In addition, it may also be requested also likely to have contractual relationships with the donor
to provide protection to IDPs and to coordinate the delivery countries or agencies funding their programmes. These vari-
ous agreements set the framework and objectives of NGO resources, the international community is obliged to play a
operations, along with their legal status. Taken together, the determining role in situations of mass influx. Major arenas
codes of conduct or internal guidelines and the bilateral or for debates and decision-making include the UN Security
multilateral agreements provide activists with a framework Council, the UN General Assembly, the capitals of Western
to assess the nature and extent of the responsibilities of countries, UN agencies, etc. These arenas should be a major
these crucial actors and how they are put into practice. focus of your lobbying actions and provide an opportunity
to remind these countries of their responsibilities.
You may also wish to argue that these national and interna-
tional organizations are somehow bound by international The principle of burden-sharing should guide the actions of
human rights instruments. Claims of this sort have been these countries, and in particular their financial assistance.
made regarding the responsibilities of multinational corpora- The burden of providing asylum can be very great and
tions and other economic actors, with respect to the protec- many less-developed countries need help to sustain the
tion of human rights. Such legal arguments are complex and immediate additional costs of caring for refugees. Moreover,
beyond the scope of this manual. However, the UDHR could as stricter controls are imposed by the developed countries
guide your work and help your argument. It is designed to on the admission of asylum-seekers, there is a risk that
include actors other than states with respect to the protec- an even greater share of the burden of caring for refugees
tion and promotion of human rights. This is clearly the inten- may be shifted to the countries immediately adjacent to
tion of the preamble, which “proclaims this Universal Decla- the refugees’ countries of origin. As a result, the fabric of
ration of Human Rights as a common standard of achieve- international protection may be weakened by an apparent
ment for all peoples and all nations, to the end that every decrease in international solidarity.
individual and every organ of society, keeping this Declara-
International burden-sharing of the kind that UNHCR,
tion constantly in mind, shall strive by teaching and educa-
through its assistance programmes, seeks to provide with
tion to promote respect for these rights and freedoms and by
the support of donor countries and the cooperation of
progressive measures, national and international, to secure
non-governmental organizations and other international
their universal and effective recognition and observance,
agencies can be extremely important to the international
both among the peoples of Member States themselves and
protection of refugees by helping to relieve a part of the
among the peoples of territories under their jurisdiction.”
material, political and social costs of providing asylum.
1.6.7 Protection of refugees and IDPs by the However, the costs of receiving refugees in most cases
international community go well beyond those covered by UNHCR assistance pro-
The scope of all international programmes of assistance, grammes. It is important to acknowledge both the enor-
protection, repatriation, and others is largely determined mous contribution made, without recompense, by host
by the commitment of and resources from donor countries. countries and their need for additional development and
Whether by providing political clout, security arrange- rehabilitation assistance to compensate for costs, such as
ments, so-called humanitarian interventions or financial to their infrastructure and environment.
As an activist, you should attempt to pressure donor coun- and the Geneva Convention (please see previous chapters).
tries to ensure that they fund programmes and policies These attacks are also prohibited by the Guiding Principles.
meant to address the protection needs and rights of popula-
2.2 Forced return or refoulement
tions fleeing armed conflict areas, both inside or outside
their country. Displaced women, along with men, are vulnerable to the
risks of forced return, or refoulement, in the case of refu-
2. Abuses Committed Against Displaced gees. They may also be turned back at the border by border
Women guards or made to wait for days without any assistance.
Both refoulement and prohibitions from seeking asylum
The UNHCR Guidelines on the Protection of Refugee Women contravene the Refugee Convention.
(1991) and Sexual Violence against Refugees: Guidelines
Refoulement violates refugee law, the Geneva Convention
on Prevention and Response: Guidelines on the Protection
and international human rights treaties, such as the CAT
of Refugee Women (1995) identify the various forms of
and ICCPR, both of which proscribe the return of a person
abuse suffered by refugee women during their flight and
to a place where they may be at risk of torture or CID
in refugee camps (such as sexual violence and discrimina-
treatment or punishment. Forced return is also prohibited
tion), the causes for these abuses and possible remedies.
by the Guiding Principles.
Internally displaced women may suffer similar types of
abuses. The following overview is based on these guidelines 2.3 Attacks on refugee camps
and conclusions from independent research.
The risk of attacks on refugee camps is especially height-
2.1 Attacks and sexual violence during flight ened when they are located near the borders or areas of
conflict. The danger faced by refugees was recognized by
Women are vulnerable to attacks during their flight to safer
the ExCom of the UNHCR in 1987, which recommended that
areas, both by road or over water. These attacks may be
whenever possible, refugee camps should be located “at
committed by the national armed forces or armed groups.
a reasonable distance from the frontier of the country of
Women may be the victims of sexual violence. Those who
origin.” 90 Attacks on refugee camps clearly contravene
escape in boats are frequently attacked by pirates. Others
IHL and human rights law and cannot be justified even
who travel by road are assaulted and sexually abused by
if members of armed groups or armed forces are located
bandits, security forces, border guards, smugglers and other
within the camps.
refugees. Refugees are often forced to turn to smugglers
as the only way to cross the border and escape. Women in 2.4 Sexual violence in the refugee camps
this situation are frequently abused by smugglers or border
Violence against women is likely to continue once they
guards who offer to ‘help’ them in exchange for sex.
have reached ‘safe’ areas within or outside their country.
Attacks and acts of sexual violence against displaced women 90 ExCom Conclusion no. 48 1987 - Military or armed attacks on refugee camps
violate human rights standards, the Refugee Convention, and settlements, para. 4, c).
Perpetrators of such violence include soldiers from the other kind, including race, colour, language, religion or
country of asylum, members of armed groups and fellow belief, political or other opinion, national, ethnic or social
refugees. The abuse may be as flagrant as rape and abduc- origin, legal or social status, age, disability, property, birth,
tion, or as subtle as an offer of protection in exchange for or by any other similar criteria. Discrimination against
sexual favours. 91 All studies, including the UNHCR guide- displaced and refugee women also violates CEDAW, which
lines, point to the prevalence of prostitution and sexual obliges states parties to condemn discrimination against
favours in all camp situations. They also indicate that these women in all its forms, to adopt appropriate legislative and
develop as a result of the shortcomings and inadequacies other measures, and to establish legal protection for the
of relief programmes, including the lack of physical protec- rights of women.
tion provided to women. Existing evidence also tends to
The principle of non-discrimination is applicable as well
reveal an increase in domestic violence in camps, along
to emergency and camp situations, in the case of both
with depression and alcoholism.
refugees and IDPs. As stated previously, displacement does
Any acts of violence against displaced women violate hu- not strip individuals of their human rights, including the
man rights standards, the Refugee Convention, and the right not to be discriminated against, one of the corner-
Geneva Convention. They are also prohibited by the Guiding stones of international human rights standards.
Principles.
For instance, women and men have equal rights in receiv-
2.5 Discrimination and gender-bias ing assistance programmes and basic supplies, such as
food, and to obtain all documents necessary for the enjoy-
Studies have indicated that relief projects and structures
ment and exercise of their legal rights, such as passports,
for refugee representation tend to exacerbate existing gen-
personal identification documents, birth certificates and
der inequality within the affected communities. The struc-
marriage certificates.
tures for representation tend to be clearly male-dominated
and generally insensitive to representing the needs of According to the Guiding Principles, internally displaced
women, including being unsympathetic with regard to the persons, such as children (especially unaccompanied mi-
resolution of domestic disputes. Sexual discrimination in nors), expectant mothers, mothers with young children,
the delivery of goods and services has been frequently female heads of households, persons with disabilities and
documented. The UNHCR (1991) itself has acknowledged elderly persons, are entitled to protection and assistance
the shortcomings of its programmes and the lack of gender- required by their condition and to treatment that takes
awareness of its staff. their special needs into account.
Discrimination on the basis of gender is prohibited under According to the UNHCR Guidelines, and the Guiding Prin-
international human rights law, as is discrimination of any ciples, special efforts should be made to ensure the full
participation of women in the planning and distribution of
91 United Nations High Commissioner for Refugees, Guidelines on the Protection of
Refugee Women, Geneva, July 1991, p.18.
basic supplies. For instance, special efforts should be made
to ensure the full and equal participation of women and walk long distances along dark or isolated paths to collect
girls in educational programmes. food, water and fuel. The lack of adequate lighting at night
and lockable sleeping and washing areas are factors that
Signatories to the ICRC Code of Conduct recognize the cru-
erode the security of women. Design of communal latrines
cial role played by women in disaster-prone communities
and washing facilities and the distance they are from living
and endeavour to ensure that this role is supported, not
quarters are also important.
diminished, by aid programmes. They also endeavour to
find ways to involve programme beneficiaries in the man- 3.3 Absence of adequate facilities
agement of relief aid: “Disaster response assistance should
Facilities at camps are sometimes provided without thought
never be imposed upon the beneficiaries. Effective relief
to women’s special needs. The absence of what may seem
and lasting rehabilitation can best be achieved where the
to men as trivialities, such as supplying sanitary napkins,
intended beneficiaries are involved in the design, manage-
can immobilize women and young girls. They may end up
ment and implementation of the assistance programme. We
staying inside their shelters while they are menstruating
will strive to achieve full community participation in our
for one week in four. Inappropriate or inadequate health
relief and rehabilitation programmes.”
services, such as the absence of female doctors or experts
in sexual violence, further increase women’s vulnerability.
3. Factors Contributing
3.4 Discrimination against women
to the Prevalence of Abuse
Structures of representation and camp management are
Several factors contribute to increasing women’s vulner- almost invariably dominated by men who may not be sensi-
ability to abuse within refugee or internally displaced tive to women’s concerns, thus increasing their dependence
camps. Many are not only contributing factors, they are or vulnerability. Discrimination in the distribution of goods
also abuses of women’s rights. and services may result in the sexual and physical abuse of
3.1 Overcrowded camps refugee women. According to the UNHCR, “refugee women
who are unable to feed, clothe and shelter themselves
In many camps the physical conditions increase the likeli- and their children will be more vulnerable to physical and
hood of violence against women. Camps are often over- sexual abuse in order to obtain such necessities [...] Refu-
crowded, with strangers having to share communal living gee women who must bribe guards in order to obtain fire-
spaces. wood, water or other essential goods will be more suscep-
3.2 Poor design of refugee camps tible to sexual harassment.” 92
Poor design can have major repercussions on those living One of the reasons some refugee women are forced into
in camps. It can render women vulnerable to attack from prostitution is that they have been deprived of the ap-
outside the camp. An example is when women are forced to
92 Ibid, p.3.
propriate documents, including ration cards and documents Many die in epidemics that sweep through crowded encamp-
showing they are legally in the country, both of which are ments in the first weeks of a refugee crisis. Families are
often distributed to the male heads of the households. separated during flight, sometimes never to be reunited.
The marginalization of women within the formal political
and economic structures of the camp (as well as within POWER STRUCTURES WITHIN THE CAMP
the household) contributes to subjecting refugee women to The formal and informal power structures within a camp may
gender-specific abuses that, are, often enough, interrelated, be particularly insensitive to women. They may be at the root
as the following quotation reveals. “Victims of repeated of institutional discriminatory practices against women. Rep-
resentatives of these structures may collude in abusing women,
sexual assault, and responsible for the survival of their
condone abuse or fail to take necessary measures to protect
children, many of the most destitute women refugees decide
women against abuse.
to make a profit out of their situation and [...] resort to
prostitution as a living.” (Nyakabwa and Lavoie, 1995, p.28). You should seek to identify both formal and informal power
structures and understand their workings. There is not a single
3.5 Absence of protection model for such structures, but an exhaustive list of the actors,
The police are often unable or unwilling to protect refu- decision-makers, and division of labour in the camp may be a
gees, especially refugee women. In many circumstances, starting point. Actors and decision-makers include, at a mini-
police officials themselves may be among the perpetrators. mum, camp managers (usually national civil servants), UNHCR
field staff, other UN agencies, international and national non-
Refugee women may be unwilling to report any abuses
governmental organizations and refugees’ ‘representatives’.
because they are afraid that their complaint may result in
a worsening of the situation. More often than not, there is It is fairly common practice that the formal power structures
no mechanism in place that allows refugee women to report within the camp include refugees’ representatives. You should
abuses and seek redress. In addition, existing evidence seek to identify how these representatives have been selected
tends to demonstrate that single women are particularly or elected, and the nature and extent of their role. Any refer-
vulnerable to abuse, including sexual violence and discrimi- ence to ‘traditional’ chiefs should be made very cautiously
nation with respect to access to resources. given the circumstances (i.e. war, sudden flight, deaths, family
and community disintegration, etc.).
3.6 Trauma and inadequate counselling
A common thread that runs throughout the literature on refu-
Many women have been the victims of abuse, and/or wit- gee experiences is the profound loss of individuality, self-es-
nessed abuse committed against family members, neigh- teem, and independence endured by refugees. Refugee camps
bours, friends or fellow displaced. They may have lost mem- have been also compared to a “controlling institution,” a
bers of their families — husbands who have died in fighting “nightmare in totally controlled living,” and a “generalized
or have joined military forces, or children or older relatives technology of power” with the refugees subjected to tech-
who have died of hunger or disease on the way to refuge. niques of control, investigation or intervention.
4. Investigation in a Camp for Displaced 4.1.1 Approach the UNHCR headquarters
Persons: General Advice
This step may be especially useful if you are not already
Investigation in a camp for displaced persons may have located in the country or region where the camp is located.
two major purposes. The first purpose is to find the reasons The UNHCR should be made aware of your plan and the
behind the mass movement and the abuses that have taken relevant staff at the UNHCR headquarters may grant you
place prior to the arrival in the camp, including during the assistance in getting access to a camp, in addition to vital
flight itself. The second purpose is to learn about the living information about its history and the international pro-
conditions and possible human rights abuses within the gramme of assistance.
camp. This second subject of inquiry includes a focus on 4.1.2 Seek proper authorization
the treatment of displaced persons by the national and
camp authorities, i.e. whether the rights of refugees or More than one authorization is usually required. You may
displaced persons are being respected, and/or whether the need official authorization from the national Ministry re-
assistance programme for displaced persons meet the stan- sponsible for the running of the camp, from the local au-
dards that humanitarian actors have set for themselves. thorities and from the UNHCR or other agencies with overall
responsibilities for the camp. You will be asked to explain
This section focuses on the second objective. The first has the purpose of your visits. If any of the above refuse to
been dealt with in the previous chapters of this manual. grant you authorization, you may need to ask others to
4.1 Preparing for investigation in a camp intercede on your behalf, such as the headquarters of the
UNHCR, other UN agencies, local or international NGOs or
All field visits require preparation, and field work in a refu- individuals with influence.
gee or IDP camp is no different. You should never arrive at
the gate (visible or invisible) of a camp without first having 4.1.3 Coordinate your visit with the local UNHCR
received the proper authorization and coordinated your office and/or other agencies and organizations
visit with some of the international and national agencies You should announce your visit in advance, pay a visit to
working on the site. In addition to the fact that you may the UNHCR regional or local office and meet the representa-
not be authorized to enter, you are also likely to face many tive and field officers. The same approach applies to other
difficulties in the pursuit of your inquiries and by your ac- agencies or NGOs. These may simply be courtesy visits. More
tions you may make it more difficult for other investigators likely, however, they will also be research visits, as you will
to follow suit. need to get information about the security situation in the
Before visiting a camp, it is therefore imperative that you camp, possibly a map of the camp, and general information
follow the steps laid out in this section. about the work and division of labour among the various
actors.
4.1.4 Consider security risks 4.2.1 The history of the camp
Investigation in a refugee camp may present many risks for Camps for displaced persons differ greatly from one to the
your delegation and the people you are seeking to speak next, for instance, in terms of size. Some are huge cities,
with. Security problems may result from the proximity of others are small villages. They also differ with respect to
the camps to border areas and/or areas of conflict, pres- how close or how far they are from border areas, how long
ence of armed groups nearby, armed intrusion or attacks they have been in existence, whether they are opened or
on the camps. Individuals or groups within the camp may closed, etc.
also contribute to an atmosphere of violence and fear or ac-
You should seek to develop an overview of the camp with
tively participate in, or condone acts of violence. There may
information such as the following:
be criminal activities linked to the assistance programme
and the resources and revenues it is creating. Relations – Date of and reasons for its opening;
with the local populations may be tense: instances of at- – National and local circumstances;
tacks on displaced persons, including rape of women, by – Population size and evolution;
members of the local populations are often reported. Fi-
– Ethnic composition of the displaced populations;
nally, humanitarian actors may be the target of acts of
violence or hostility either by the displaced populations – Religion;
themselves or by outsiders. – Relations with the local population;
You should get detailed and accurate information on the – Major events (i.e. outbreak of a communicable disease
security incidents within the camps you are proposing to such as cholera, attacks by armed groups, instances of
visit, including dates, alleged motives or factors, identity violence against displaced or humanitarian actors, etc.);
of the victims, alleged identity of the perpetrators, etc. – Demographic data (i.e. mortality, morbidity, number
Security officials within the UNHCR may be a good source of of children in intensive feeding centres and evolution,
information and advice. You should list all possible security etc.).
concerns (i.e. your own physical security and the security 4.2.2 Division of labour and responsibilities among
of your contacts) and develop contingency plans to deal UN agencies, national authorities, international
with each one of them (i.e. how evacuation would be car- and national NGOs, and displaced persons, and
ried out). the nature of the assistance programme
4.2 Gathering background information You will need to identify the different types of responsibil-
on the camp(s) ity-sharing and division of labour among actors, including
Background information is also important for your mission. the UNHCR (or another UN agency), the government of
This section lays out the type of information you should the country of asylum and the NGOs. Factors to be noted
seek. include the following:
– Existence of a tripartite agreement among the afore- violence. If at all possible, you should therefore plan several
mentioned actors (as is usually the norm for refugee visits. Within the camp itself, some individuals may be
movement) or another form of agreement; better positioned than others in terms of access to possible
– Whether the UNHCR (or another UN agency) has been victims. They include nurses, health workers, teachers, NGO
involved from the beginning in setting up the camp workers (both national and international) and possibly
(or whether its involvement was preceded by a national refugee women leaders. Anyone who is in daily contact with
initiative); refugee women may be able to give you some information
on victims of violence or discrimination.
– Nature of the assistance programme at the time of the
investigation (i.e. emergency phase, or care and mainte- Always be aware that the refugee leaders may be among the
nance program, or consolidation and integration phase); perpetrators or may be condoning the abuse. While meeting
– Review of the coordination mechanisms among all part- with these representatives is necessary, sole reliance on
ner agencies and of the (usual) problems associated them to identify refugees is questionable and potentially
with them; biassed. ‘Representatives’ have their own agendas, political
or otherwise, and they may select refugees on this basis.
– Status under domestic law of the international and
national agencies operating in the camp. Other methods of selecting refugees must be identified.
The main sources of this information include yearly reports They may include the following:
from UN agencies or NGO web sites, situational reports – Random sample survey of refugee households: select
(sitrep) from various UN agencies and NGOs, government a couple of sections (or neighbourhoods) within the
reports, statistics, and interviews with key contacts (such camp and interview each 10th or 20th (or any other
as government officials and country representatives of the number) household;
UNHCR and NGOs, field officers of the UNHCR and NGOs and – Representative sample survey of selected neighbour-
camp managers). hoods or households within the camp (selected on the
Note that in the course of monitoring, the abovementioned basis of the religion of the refugees, ethnic group, date
contacts will most likely be met with several times. of arrival, etc.);
4.3 Selecting and interviewing displaced – Random interviews at water points;
or refugee women – Random interviews at the marketplace in the camp;
You should refer to the step-by-step approach laid out in – Random interviews at the camp clinic and the inten-
Methodology for Gender-Sensitive Research and Documenting sive feeding centre (for access to the most vulnerable
Human Rights Violations by State Agents: Sexual Violence. households);
– Interviews at the registration point (where newly
It is highly unlikely that a single unaccompanied visit
arrived refugees are supposed to be registered);
to the camp will allow you to investigate cases of sexual
– Interviews with key informants (i.e. elected representa- One of the most common types of gender-specific abuse
tives, school teachers, nurses, market traders, refugees of displaced women is in discrimination in the delivery of
working for NGOs, refugees responsible for food distri- services and in the structures of representation within the
bution, etc.); camp. In addition, women may face abuses which are not,
– Interviews during food distribution. a priori, gender-specific, such as insufficient or inadequate
food rations, inadequate sanitation facilities, unsafe water,
4.4 Adopt a gender-sensitive research method etc. However, whenever investigating such problems, you
At all stages, you should adopt a gender-specific approach should bear in mind that they may present gender-specific
to the investigation. elements (see previous section).
Besides documenting one or several cases of abuse within 5.1 Relief items and methods
a camp, your main contribution to the well-being of the The following list identifies some of the issues you may
refugee women resides in being able to identify policy and wish to investigate.93 Many may require a certain level of
structural factors or conditions that allow these abuses to expertise and knowledge and it is therefore highly recom-
take place and continue and possibly in proposing remedies. mended that experts such as nutritionists, planners, medi-
Applying a gender-sensitive research methodology to in- cal doctors, etc., accompany you in the research.
vestigating abuses against women in a camp consists of – Stock levels of relief supplies: a system should be in
highlighting and analyzing the significance of gender on the place to safeguard and prevent loss of supplies.
circumstances of the abuses, the nature of the harm, the – Stock distribution system: food and other items
causes, the consequences and women’s access to remedies. should be distributed without discrimination and diver-
sion. If both are taking place (all too often at the
5. Investigating Living Conditions expense of women or children), you will need to deter-
in a Camp: Instances or Patterns mine whether the humanitarian actors and the camp
of Gender Discrimination authorities are seeking to address the problem and
how.
Many humanitarian agencies have now agreed to codes – Food rations: does the food provided satisfy energy,
of conduct that identify professional standards for the protein, vitamin, and mineral requirements, as well as
delivery and implementation of assistance programmes. local dietary preferences?
Your first line of inquiry should consist of determining
– Shelter: you should seek to determine whether the
whether the agencies operating in the camp have done so.
camp provides adequate shelter for its occupants.
If they have not, you should recommend that they do as a
way of ensuring accountability and efficiency.
93 Extract from UNHCR Handbook for Emergencies (Part I: Field Operations) (1982).
– Sanitation and health services: this should be a pri- – Whether there are mechanisms in place that allow dis-
mary focus of your inquiry, as correctly gathered health placed persons to raise grievances and receive redress;
data may alert you to many problems or abuses in the – Whether the social welfare service needs of the displaced
camp. Health services should include primary health or refugees are being met. As the trauma of becoming a
care, mother and child health care, child immunization, refugee can create or exacerbate social and psychological
disease-control plan for the prevention, control, and problems, a social welfare service is necessary to iden-
treatment of communicable diseases. tify and treat the problems. Any social welfare program
– Unaccompanied minors: a programme should be in should be culturally sensitive, and to the greatest extent
place to identify unaccompanied minors and reunite possible, organized and administered by members of the
them with their families. community.
– Special measures for women and girls: you should 5.2 Investigating Food Distribution
determine whether there are any specific measures or
assistance programmes targeting girls and women. The investigation of food distribution is difficult and po-
tentially risky: situations of wide-spread food diversion,
– Education programmes: are the educational needs of
mismanagement, and unfair distribution, are fairly fre-
boys and girls in the camp being met?
quent. In many camps, these situations contribute to the
Other issues to be considered may include water supply, power stratification within the camp, provide economic
topography and drainage, accessibility to the camp, en- means to armed groups and sustain the armed conflicts,
vironmental conditions, vegetation and land rights. and/or involve high-ranking officials. Security concerns
(for you and the displaced persons victimized by the diver-
The methods of implementation of the assistance pro-
sion) should therefore be first in your mind. Some of the
gramme may also be a main focus of research. Most specifi-
possible investigative approaches include the following:
cally, you need to discover the following:
– Interviewing displaced persons, the UN agencies, NGO
– Whether displaced persons are being consulted with
field workers;
respect to the design and implementation of the pro-
gram; – Analyzing medical data to determine whether there is a
discrepancy between the ration officially allocated and
– Whether displaced persons are involved in the implemen-
the rate of malnutrition or diet-related diseases;
tation of the program (i.e. use of paid staff, volunteers,
etc.); – Surprise monitoring of food distribution (whereby
rations of sampled refugees are weighed by the moni-
– If such consultation and involvement take place, whether
tors after distribution);
it tends to favour some persons at the expense of
others; – Interviewing workers responsible for food distribution;
– Whether women are involved and consulted and how; – Interviewing representatives of the NGOs or UN agencies
responsible for food distribution;
– Visiting clinics and intensive feeding centres and inter- – Is there a police or military station within the camp
viewing patients, etc. and/or a jail?
5.3 Investigating attacks on camps 5.4 Investigating sexual abuse against displaced
or displaced individuals women
Some key questions guiding the investigation include the When investigating instances and patterns of sexual abuse
following: against displaced women, you should especially keep in
– Is the location of the camp potentially dangerous? mind the following:
The camp should be as far removed from the border areas – The nature of the political and power structures within
and/or potential military targets as possible. You should the camp and the possible function of their representa-
be aware that such a policy is often not very popular tives in terms of perpetrating abuses, condoning them,
among the displaced populations themselves who may or failing to protect women.
resent being moved further away from their area of ori- – Women’s dependency on these structures in terms of
gin. Armed groups who find refuge in the camps as well access to food and services. They may be afraid to lose
as access to food and economic power may actively and access to these services if they complain; they may be
violently prevent the displacement of population away afraid for their lives and those of their children.
from the border areas. Displaced ‘leaders’ whose position
– Women’s lack of protection. This is especially true for
and power may be linked to the proximity of the camp
single women. Once you have left, women may be left
with border areas may also seek to prevent any attempt
alone to deal with the consequences of reporting their
to displace the camps.
abuses.
– Are members of armed groups or national armies known
– Absence of mechanisms within the camp for women
to have found refuge in the camp?
to report the abuses. Few camps have established and
– Have there been instances of shooting or attacks? recognized mechanisms that allow refugees or displaced
– Are ‘criminal’ gangs known to be operating in the camp? persons to raise their concerns or receive redress. When
(the distinction between criminal and political gangs they do exist, such mechanisms may not be particularly
may be very blurred.) sensitive to women’s concerns, fears or abuse.
– Have there been instances of violent acts against dis- – Vulnerability of refugees in general. If the abuses are
placed persons or humanitarian workers? perpetrated by the local police or local men, women
– Has the local population been known to target displaced may be afraid to be expelled or forcibly repatriated if
persons (attacks, rape, killings, etc.)? Have any investi- they report them.
gations been conducted and arrests made? More gener- – Sexual abuse may take many forms within the context
ally, does the local population resent the presence of the of a camp. In particular, sexual services in exchange
camp(s) and the reasons for this resentment. for food, wood, other items, or for protection may be
common. As identified in Chapter Six, Documenting
Sexual Violence, such acts constitute rape. WOMEN IN 9
POST-CONFLICT
RECONSTRUCTION
Post-conflict reconstruction periods are times of tremen-
dous change that lay the groundwork for the future of the
state and society. Reconstruction occurs in three broad
areas, political, economic, and social, all of which are
intertwined. Women’s previous positions and experiences
prior to and during the conflict heavily influence their
roles in and experiences of the post-conflict period.94 It
is a time in which new gains for women can be made (as
in South Africa, Guatemala, the Philippines, and Rwanda)
or where women’s rights can be eroded (as in El Salvador,
Serbia, Somalia, and Zimbabwe).
In pre- and post-conflict situations, international human
rights law applies even in situations where tensions, dis-
turbances, or disasters have contributed to an escalation
of armed conflict that is not considered systematic and
sustained.
However, as many of the issues women face in post-conflict
situations result from their experiences during conflict,
you should be able to draw upon international humanitar-
ian law for prosecution in the post-conflict period for
violations that occurred during armed conflict.
94 Birgitte Sorensen, Women and Post-Conflict Reconstruction: Issues and Sources, The
War-Torn Societies Project, Occasional paper no.3, Geneva: United Nations Research
Institute for Social Development, 1998.
In all post-conflict situations, as a human rights activist you
infections, urinary tract problems — problems that are sexually
should be able to demand that representatives of the state
transmitted. You cure the direct illness, but psychologically,
adhere to international human rights laws. Additionally, they are not healed. They continue to come back complaining of
each state will have laws regarding the political, economic, cramps or pain, but there is nothing physically wrong with them.
and social rights of women. It is crucial that you familiarize The women are profoundly marked psychologically. Medically,
yourself with the relevant domestic legal standards (state, they are healed, but they continue to be sick. And there are no
and where applicable, customary laws). services that specifically deal with the problems these women
have. There are some groups for widows, and the like, but
there are no groups to help women who have gone through this
1. The Consequences of Rape [rape].
and Sexual Violence
Example: Consequences of rape and sexual violence Survivors of violations during armed conflicts must deal
in post-conflict Rwanda 95 with a variety of physical, psychological, political, eco-
nomic, social and cultural repercussions during the post-
The silence surrounding rape affects women in a myriad of conflict period.
ways, but particularly with respect to their sexual and repro-
ductive health. Many women who have been raped or mutilated Physical ailments may include sexually transmitted dis-
continue to suffer health problems, but have not consulted eases, such as HIV/AIDS, vesico-vaginal fistula, trauma,
a doctor because of the stigma attached and the cost and mutilation, complications from botched abortions, uterine
inaccessibility of health care. Dr. Rwamasirabo, the director of problems, scarring of the vagina and problems having a
Kigali Central Hospital, noted that rape victims were reluctant normal sexual life or giving birth in the future. Survivors
to come forward to seek medical treatment because of the fear
also suffer a wide array of psychological trauma. 96 As stated
of being judged because ‘society is looking at you’ and because
above, the physical and psychological consequences of rape
of the shame of being raped. Even women who have sought
and sexual violence continue long after the conflict has
medical treatment often have not disclosed to their doctor the
fact that they have been raped. ended. Many women do not seek medical attention because
of a fear of the stigma of sexual assault, their inability
Dr. Etienne Mubarutso, a gynecologist at University Hospital in to afford medical care, and a general lack of health care
Butare, who has examined hundreds of rape victims since the facilities. Without treatment, many of the physical and
genocide, described his experience with rape cases: psychological afflictions will worsen.
It has been two years since the war, but these patients are very
difficult to cure. Initially, they come in with infections, vaginal 96 Human Rights Watch/Women’s Rights Project, Shattered Lives: Sexual Violence
during the Rwandan Genocide and its Aftermath, New York, 1995; Human Rights
Watch/Women’s Rights Project, Kosovo: Rape as a Weapon of Èthnic Cleansing´,
Volume 12, No.3, New York, March 2000; Human Rights Watch/Women’s Rights
95 Human Rights Watch/Women’s Rights Project, Shattered Lives: Sexual Violence during Project, The Human Rights Watch Global Report on Women’s Human Rights,
the Rwandan Genocide and its Aftermath, New York, 1995, pp. 13-14. New York, 1995.
Survivors of abuse may face a number of threats, such as 2. Protection of Witnesses
revenge attacks and/or death threats against them or their
families. In addition, political or military leaders may use their In the post-conflict period, survivors of violations of in-
experiences to justify or fuel future conflicts or politically ternational humanitarian and international human rights
motivated prosecutions. These threats are likely to increase standards may choose to testify. Issues surrounding wit-
and to be carried out whenever survivors agree to testify ness protection and support are central for women willing
against those who committed abuses during the conflict. to speak out and testify against the perpetrators of sexual
violence, many of whom may still be at large or operating
Economic consequences can include loss of property, inheri- in their former positions with impunity.
tance or land, inability to work or find work, increased
poverty and economic marginalization resulting from the
destruction of economic infrastructure. These consequences Example: Kosovo 97
are especially acute in the case of widows, single women Testimony provided to Human Rights Watch also suggested
without family support and households headed by women. that women held in prisons were raped and sexually assaulted
[...] A man, M.J., described being taken with others by truck
Social and cultural repercussions may include rejection, or a to the prison in Lipljan (Lipjan), which also had a women’s
profound fear of rejection, of the survivor by family members facility. When the detainees arrived at the prison, they were
and community, and a variety of social stigmas, including tortured and interrogated, he told Human Rights Watch. M.J.
the inability to marry. spent forty-two days in the prison. He told a Human Rights
Watch investigator that women also were detained and raped
In all cases, as a human rights activist, you should adhere to in the prison. The women, held in a cell near the men, could
the principles of protecting and promoting the well-being of be heard screaming. According to the prisoner, “I heard the
the survivor while working toward justice. police tell the women to take off their clothes. I will never
forget their screams. The police would walk by our room and
It is imperative that women’s rights in domestic and inter-
say to each other, ‘Tonight we will be with the girls’[...]”
national human rights standards be promoted and enforced
in the post-conflict area. In particular, these include the Many women who survived [such] attacks do not want to
right of women to non-discriminatory treatment in political, report for a variety of reasons. Some women victims of rape
social, economic, and cultural spheres, but most importantly expressed fear that they would never be able to marry. Others
here, rights to health care, including reproductive health, felt terrified that they would be shunned by society. But other
and the right to adequate health care facilities as enshrined
in Articles 2, 3, 4, 12 and 14 in CEDAW. 97 Human Rights Watch interview, M.J., Dobrotin, July 13, 1999, as quoted in
Human Rights Watch/Women’s Rights Project, Kosovo: Rape as a Weapon of ‘Ethnic
Depending on the form of discrimination women are facing, Cleansing’, Volume 12, No.3, New York, March 2000, p. 23. See also, James
Hider, “Post-war women must work to overcome conflict trauma,” Agence France
you should be able to draw upon domestic and international Presse, November 27, 1999, as presented in Human Rights Watch/Women’s
standards, especially CEDAW. Rights Project, Kosovo: Rape as a Weapon of ‘Ethnic Cleansing’, Volume 12, No.3,
New York, March 2000, p. 24.
Finally, victims and advocates could draw from the experi-
women have expressed anger at their attackers and willingness ence of American, European, Asian, and African lawyers
to testify at the ICTY [International Criminal Tribunal for the
who have, on behalf of survivor’s groups, brought class
Former Yugoslavia]. That willingness to testify is tempered,
action suits against perpetrators in several countries. The
however, by the fear that their attackers may still be at large
in Kosovo, or that they may return. benefit of such suits is that if successful they allow victims
to sue perpetrators and can compel the state to provide
compensation to the survivor. They are also useful in that
The attacks against these women and men are in clear violation they can be pursued outside of the jurisdiction of the ter-
of the standards of IHL and international human rights laws, ritory where the alleged perpetrator(s) reside. However, not
most notably those regarding torture and the detainment and all legal systems provide for such actions and it is therefore
treatment of prisoners. crucial for you to be familiar with the options available
under domestic laws. 99
Witnesses who are willing to testify must receive proper
treatment and protection both during and after testifying.
3. Discriminatory Treatment
Witnesses should not be pressured to give testimony under
Under the Law
circumstances that may heighten their feelings of fear or
shame. “It has been reported, in fact, that a number of
Example: Property and Inheritance Rights in Post-
victims of rape or other sexual torture became severely
Conflict Rwanda100
depressed and committed suicide after interviews.” 98
In Rwanda, under customary law, women do not inherit (and,
Witnesses should receive moral support and there should in fact, may form part of the husbands ‘belongings’ subject
be strong consideration given to preserving confidentiality to inheritance). Upon the death of the husband, the eldest
or anonymity when the victim fears repercussions. son becomes the head of the family or the husband’s family
claims the inheritance. According to Rwandan women survivors
Judges and legal personnel should receive training to raise of the genocide:
their awareness of issues ranging from discriminatory treat- It is a big problem for women in the rural areas. When a married
ment by the courts of survivors of sexual violence to sexual woman tries to get her parents’ property, she is told that she
violence during armed conflict to ensure interviews, inves- has a husband and that she should go to his home. Sometimes
tigations, and court proceedings are carried out in the most the woman herself thinks like that and does not even pursue
just manner. the property to which she is entitled. Then the surviving male
relatives take it. Orphaned children are also having problems
98 Ariane Brunet and Stephanie Rousseau, “Acknowledging Violations, Struggling

against Impunity,” Indai Lourdes Sajor editor, Common Grounds: Violence against 99 Ibid., pp. 33-60.
Women in War and Armed Conflict Situations, Quezon City, Philippines: Asian Center 100 Human Rights Watch/Women’s Rights Project, Shattered Lives: Sexual Violence
for Women’s Human Rights, 1998, p. 50. during the Rwandan Genocide and its Aftermath, New York, 1995.
• Ensuring through competent national tribunals and other
getting their parents’ land. The property is rightfully theirs,
public institutions the effective protection of women
but sometimes conflicts within the family make it difficult. The
orphans are usually absorbed by the mother’s side of the family. against any act of discrimination.
Yet, it is the father’s side that wants to take the property (and • Refraining from engaging in any act or practice of dis-
not always the children)[...]Women lost their families, their crimination against women and ensuring that public
houses, their property—everything[...]They are often chased
authorities and institutions act in conformity with this
away from the family property[...]
obligation.
Another genocide survivor stressed that in many cases, women • Taking all appropriate measures to eliminate discrimi-
are just trying to get access to what they are entitled to, stat-
nation against women by any person, organization or
ing, “The new government is not doing enough for women. We
enterprise.
need a policy for widows and their children. Many women can’t
get their money or their property back. We’re not begging. We • Taking all appropriate measures, including legislation,
just want our rights recognized.” to modify or abolish existing laws, regulations, customs
and practices which constitute discrimination against
women; and
Article 1 of CEDAW defines “discrimination against women”
as “any distinction, exclusion or restriction made on the • Repealing all national penal provisions that constitute
basis of sex which has the effect or purpose of impairing discrimination against women.
or nullifying the recognition, enjoyment or exercise by
In the example above, Rwanda, which has ratified CEDAW,
women, irrespective of their marital status, on a basis of
should be held to its obligations. In 1995, the government
equality of men and women, of human rights and funda-
began revising the discriminatory laws affecting women
mental freedoms in the political, economic, social, cultural,
and children, but by 2000 the reforms were still proceeding
civil or any other field.”
slowly with little or no interim protection for the women
As mandated in Article 2 of the CEDAW, state parties are implemented.
obliged “to pursue by all appropriate means and without
delay a policy of eliminating discrimination against wom-
en.” This obligation includes the following:
• Adoption of legislation and other measures, including
sanctions where appropriate, prohibiting all discrimina-
tion against women.
• Establishment of legal protection of the rights of women.
4. Women’s Political Participation Importantly, while at the local level women’s grassroots
organizations are active during and after the conflict, they
Example: A Hostile Reception in Northern Ireland 101 are often marginalized during national peace negotiations.
When the Northern Ireland Women’s Coalition won seats in the Their participation in national peace accords most often
election and gained access to the Forum, an arena where the occurs via two routes: i) Women mobilize politically and
political parties aired their views, they encountered a heavy demand inclusion and a voice in the process, as seen in
mix of sexism and sectarianism. Men labeled them the ‘ladies Guatemala, Northern Ireland, Palestine, South African,
coalition’ and addressed them with a mixture of ridicule and and the Sudan or ii) UN, governmental, or NGO-facilitated
hostility. “Whingeing, whining, silly, feckless women,” says peace conferences include women, as witnessed recently in
[representative] Monica McWilliam, were just some of the
Somalia and the Sudan.
insults thrown at her and her colleagues in the Forum. “Calls
of ‘sit down you silly woman,’ and being told that it was the
duty of the good loyal Ulster woman to ‘stand by her man’ did
not make for a good working environment.”
The ICCPR, the Convention on the Political Rights of Women,

and CEDAW enshrine women’s equal ability with men to
participate in public and civil life. Articles 3, 7, and 8 of
CEDAW prohibit discrimination against women in political
and public life and in particular, ensures for women, on
equal terms with men, the right to vote, to stand for election
for all public bodies, to participate in the formulation of
government policy, to hold public office at all levels of gov-
ernment, including international levels, and to participate in
non-governmental organizations and civil associations.
It is essential that women play an active role in the re-
construction of the political sphere. Attempts to deny
women’s political and civil participation should be identi-
fied for what they are, violations of women’s domestic and
international human rights.
101 Sanam Naraghi Anderlini, Women at the Peace Table: Making a Difference,
New York: UNIFEM, 2000.
APPENDIX ONE Principle 3
Extract from Guiding Principles 1. National authorities have the primary duty and responsibility
to provide protection and humanitarian assistance to inter-
on Internal Displacement
nally displaced persons within their jurisdiction.
2. Internally displaced persons have the right to request and to
A publication of the United Nations Office for the receive protection and humanitarian assistance from these
Coordination of Humanitarian Affairs (OCHA) authorities. They shall not be persecuted or punished for
making such a request.
Section I
GENERAL PRINCIPLES Principle 4
Principle 1 1. These Principles shall be applied without discrimination of

any kind, such as race, colour, sex, language, religion or
1. Internally displaced persons shall enjoy, in full equality, the belief, political or other opinion, national, ethnic or social
same rights and freedoms under international and domestic origin, legal or social status, age, disability, property, birth,
law as do other persons in their country. They shall not be or on any other similar criteria.
discriminated against in the enjoyment of any rights and
freedoms on the ground that they are internally displaced. 2. Certain internally displaced persons, such as children, espe-
cially unaccompanied minors, expectant mothers, mothers
2. These Principles are without prejudice to individual criminal with young children, female heads of household, persons
responsibility under international law, in particular relating with disabilities and elderly persons, shall be entitled to
to genocide, crimes against humanity and war crimes. protection and assistance required by their condition and to
Principle 2 treatment which takes into account their special needs.
1. These Principles shall be observed by all authorities, groups

and persons irrespective of their legal status and applied Section II
without any adverse distinction. The observance of these PRINCIPLES RELATING TO PROTECTION
Principles shall not affect the legal status of any authorities, FROM DISPLACEMENT
groups or persons involved. Principle 5
2. These Principles shall not be interpreted as restricting, All authorities and international actors shall respect and ensure
modifying or impairing the provisions of any international respect for their obligations under international law, including
human rights or international humanitarian law instrument human rights and humanitarian law, in all circumstances, so as
or rights granted to persons under domestic law. In particu- to prevent and avoid conditions that might lead to displacement
lar, these Principles are without prejudice to the right to of persons.
seek and enjoy asylum in other countries.
Principle 6 nutrition, health and hygiene, and that members of the
same family are not separated.
1. Every human being shall have the right to be protected
against being arbitrarily displaced from his or her home or 3. If displacement occurs in situations other than during the
place of habitual residence. emergency stages of armed conflicts and disasters, the fol-
lowing guarantees shall be complied with:
2. The prohibition of arbitrary displacement includes displace-
ment: (a) A specific decision shall be taken by a State authority
empowered by law to order such measures;
(a) When it is based on policies of apartheid, “ethnic cleans-
ing” or similar practices aimed at/or resulting in alter- (b) Adequate measures shall be taken to guarantee to those
ing the ethnic, religious or racial composition of the to be displaced full information on the reasons and
affected population; procedures for their displacement and, where applicable,
on compensation and relocation;
(b) In situations of armed conflict, unless the security of
the civilians involved or imperative military reasons so (c) The free and informed consent of those to be displaced
demand; shall be sought;
(c) In cases of large-scale development projects, which (d) The authorities concerned shall endeavour to involve
are not justified by compelling and overriding public those affected, particularly women, in the planning and
interests; management of their relocation;
(d) In cases of disasters, unless the safety and health of (e) Law enforcement measures, where required, shall be
those affected requires their evacuation; and carried out by competent legal authorities; and
(e) When it is used as a collective punishment. (f) The right to an effective remedy, including the review of
such decisions by appropriate judicial authorities, shall
3. Displacement shall last no longer than required by the cir-
be respected.
cumstances.
Principle 8
Principle 7
Displacement shall not be carried out in a manner that violates
1. Prior to any decision requiring the displacement of persons, the rights to life, dignity, liberty and security of those affected.
the authorities concerned shall ensure that all feasible
alternatives are explored in order to avoid displacement Principle 9
altogether. Where no alternatives exist, all measures shall be States are under a particular obligation to protect against the
taken to minimize displacement and its adverse effects. displacement of indigenous peoples, minorities, peasants, pas-
2. The authorities undertaking such displacement shall ensure, toralists and other groups with a special dependency on and
to the greatest practicable extent, that proper accommoda- attachment to their lands.
tion is provided to the displaced persons, that such displace-
ments are effected in satisfactory conditions of safety,
Section III Principle 11
PRINCIPLES RELATING TO PROTECTION DURING
1. Every human being has the right to dignity and physical,
DISPLACEMENT
mental and moral integrity.
Principle 10
2. Internally displaced persons, whether or not their liberty has
1. Every human being has the inherent right to life which shall been restricted, shall be protected in particular against:
be protected by law. No one shall be arbitrarily deprived
of his or her life. Internally displaced persons shall be (a) Rape, mutilation, torture, cruel, inhuman or degrading
protected in particular against: treatment or punishment, and other outrages upon per-
sonal dignity, such as acts of gender-specific violence,
(a) Genocide; forced prostitution and any form of indecent assault;
(b) Murder; (b) Slavery or any contemporary form of slavery, such as
(c) Summary or arbitrary executions; and sale into marriage, sexual exploitation, or forced labour
(d) Enforced disappearances, including abduction or un- of children; and
acknowledged detention, threatening or resulting in (c) Acts of violence intended to spread terror among inter-
death. nally displaced persons.
Threats and incitement to commit any of the foregoing acts Threats and incitement to commit any of the foregoing acts
shall be prohibited. shall be prohibited.
2. Attacks or other acts of violence against internally displaced Principle 12
persons who do not or no longer participate in hostilities are
1. Every human being has the right to liberty and security
prohibited in all circumstances. Internally displaced persons
of person. No one shall be subjected to arbitrary arrest or
shall be protected, in particular, against:
detention.
(a) Direct or indiscriminate attacks or other acts of violence,
2. To give effect to this right for internally displaced persons,
including the creation of areas wherein attacks on civil-
they shall not be interned in or confined to a camp. If in
ians are permitted;
exceptional circumstances such internment or confinement
(b) Starvation as a method of combat; is absolutely necessary, it shall not last longer than required
(c) Their use to shield military objectives from attack or to by the circumstances.
shield, favour or impede military operations;
3. Internally displaced persons shall be protected from discrimi-
(d) Attacks against their camps or settlements; and natory arrest and detention as a result of their displacement.
(e) The use of anti-personnel landmines.
4. In no case shall internally displaced persons be taken hos-
tage.
Principle 13 organizations engaged in this task. They shall inform the
next of kin on the progress of the investigation and notify
1. In no circumstances shall displaced children be recruited nor
them of any result.
be required or permitted to take part in hostilities.
3. The authorities concerned shall endeavour to collect and
2. Internally displaced persons shall be protected against
identify the mortal remains of those deceased, prevent their
discriminatory practices of recruitment into any armed forces
despoliation or mutilation, and facilitate the return of those
or groups as a result of their displacement. In particular
remains to the next of kin or dispose of them respectfully.
any cruel, inhuman or degrading practices that compel
compliance or punish non-compliance with recruitment are 4. Grave sites of internally displaced persons should be pro-
prohibited in all circumstances. tected and respected in all circumstances. Internally dis-
placed persons should have the right of access to the grave
Principle 14
sites of their deceased relatives.
1. Every internally displaced person has the right to liberty of
Principle 17
movement and freedom to choose his or her residence.
1. Every human being has the right to respect of his or her
2. In particular, internally displaced persons have the right to
family life.
move freely in and out of camps or other settlements.
Principle 15
family members who wish to remain together shall be
Internally displaced persons have: allowed to do so.
(a) The right to seek safety in another part of the country; 3. Families which are separated by displacement should be
reunited as quickly as possible. All appropriate steps shall be
(b) The right to leave their country;
taken to expedite the reunion of such families, particularly
(c) The right to seek asylum in another country; and when children are involved. The responsible authorities shall
facilitate inquiries made by family members and encourage
(d) The right to be protected against forcible return to or reset- and cooperate with the work of humanitarian organizations
tlement in any place where their life, safety, liberty and/or engaged in the task of family reunification.
health would be at risk.
4. Members of internally displaced families whose personal
Principle 16 liberty has been restricted by internment or confinement in
1. All internally displaced persons have the right to know the camps shall have the right to remain together.
fate and whereabouts of missing relatives. Principle 18
2. The authorities concerned shall endeavour to establish 1. All internally displaced persons have the right to an ade-
the fate and whereabouts of internally displaced persons quate standard of living.
reported missing, and cooperate with relevant international
2. At the minimum, regardless of the circumstances, and with- the authorities concerned shall issue to them all documents
out discrimination, competent authorities shall provide necessary for the enjoyment and exercise of their legal
internally displaced persons with and ensure safe access to: rights, such as passports, personal identification documents,
birth certificates and marriage certificates. In particular, the
(a) Essential food and potable water;
authorities shall facilitate the issuance of new documents or
(b) Basic shelter and housing; the replacement of documents lost in the course of displace-
(c) Appropriate clothing; and ment, without imposing unreasonable conditions, such as
(d) Essential medical services and sanitation. requiring the return to one’s area of habitual residence in
order to obtain these or other required documents.
3. Special efforts should be made to ensure the full partic-
ipation of women in the planning and distribution of these 3. Women and men shall have equal rights to obtain such
basic supplies. necessary documents and shall have the right to have such
documentation issued in their own names.
Principle 19
Principle 21
1. All wounded and sick internally displaced persons as well
as those with disabilities shall receive to the fullest extent 1. No one shall be arbitrarily deprived of property and posses-
practicable and with the least possible delay, the medical sions.
care and attention they require, without distinction on any
2. The property and possessions of internally displaced persons
grounds other than medical ones. When necessary, internally
shall in all circumstances be protected, in particular, against
displaced persons shall have access to psychological and
the following acts:
social services.
(a) Pillage;
2. Special attention should be paid to the health needs of
women, including access to female health care providers (b) Direct or indiscriminate attacks or other acts of vio-
and services, such as reproductive health care, as well as lence;
appropriate counselling for victims of sexual and other (c) Being used to shield military operations or objectives;
abuses. (d) Being made the object of reprisal; and
3. Special attention should also be given to the prevention of (e) Being destroyed or appropriated as a form of collective
contagious and infectious diseases, including AIDS, among punishment.
internally displaced persons. 3. Property and possessions left behind by internally displaced
Principle 20 persons should be protected against destruction and arbi-
trary and illegal appropriation, occupation or use.
1. Every human being has the right to recognition everywhere
as a person before the law.
Principle 22 Section IV
PRINCIPLES RELATING TO HUMANITARIAN
1. Internally displaced persons, whether or not they are living
ASSISTANCE
in camps, shall not be discriminated against as a result of
their displacement in the enjoyment of the following rights: Principle 24
(a) The rights to freedom of thought, conscience, religion or 1. All humanitarian assistance shall be carried out in accord-
belief, opinion and expression; ance with the principles of humanity and impartiality and
(b) The right to seek freely opportunities for employment without discrimination.
and to participate in economic activities; 2. Humanitarian assistance to internally displaced persons
(c) The right to associate freely and participate equally in shall not be diverted, in particular for political or military
community affairs; reasons.
(d) The right to vote and to participate in governmental and Principle 25
public affairs, including the right to have access to the
means necessary to exercise this right; and 1. The primary duty and responsibility for providing humanitar-
ian assistance to internally displaced persons lies with
(e) The right to communicate in a language they under-
national authorities.
stand.
Principle 23 2. International humanitarian organizations and other appro-
priate actors have the right to offer their services in sup-
1. Every human being has the right to education. port of the internally displaced. Such an offer shall not
2. To give effect to this right for internally displaced persons, be regarded as an unfriendly act or an interference in a
the authorities concerned shall ensure that such persons, State’s internal affairs and shall be considered in good
in particular displaced children, receive education which faith. Consent thereto shall not be arbitrarily withheld,
shall be free and compulsory at the primary level. Education particularly when authorities concerned are unable or unwill-
should respect their cultural identity, language and religion. ing to provide the required humanitarian assistance.
3. Special efforts should be made to ensure the full and 3. All authorities concerned shall grant and facilitate the
equal participation of women and girls in educational pro- free passage of humanitarian assistance and grant persons
grammes. engaged in the provision of such assistance rapid and unim-
peded access to the internally displaced.
4. Education and training facilities shall be made available
to internally displaced persons, in particular adolescents Principle 26
and women, whether or not living in camps, as soon as Persons engaged in humanitarian assistance, their transport and
conditions permit. supplies shall be respected and protected. They shall not be the
object of attack or other acts of violence.
Principle 27 against as a result of their having been displaced. They
shall have the right to participate fully and equally in public
1. International humanitarian organizations and other appropri-
affairs at all levels and have equal access to public services.
ate actors when providing assistance should give due regard
to the protection needs and human rights of internally dis- 2. Competent authorities have the duty and responsibility to
placed persons and take appropriate measures in this regard. assist returned and/or resettled internally displaced persons
In so doing, these organizations and actors should respect to recover, to the extent possible, their property and pos-
relevant international standards and codes of conduct. sessions which they left behind or were dispossessed of
upon their displacement. When recovery of such property
2. The preceding paragraph is without prejudice to the protec-
and possessions is not possible, competent authorities shall
tion responsibilities of international organizations mandated
provide or assist these persons in obtaining appropriate
for this purpose, whose services may be offered or requested
compensation or another form of just reparation.
by States.
Principle 30
Section V All authorities concerned shall grant and facilitate for interna-
PRINCIPLES RELATING TO RETURN, RESETTLEMENT tional humanitarian organizations and other appropriate actors,
AND REINTEGRATION in the exercise of their respective mandates, rapid and unimpeded
access to internally displaced persons to assist in their return or
Principle 28
resettlement and reintegration.
1. Competent authorities have the primary duty and responsi-
bility to establish conditions, as well as provide the means,
which allow internally displaced persons to return voluntar-
ily, in safety and with dignity, to their homes or places
of habitual residence, or to resettle voluntarily in another
part of the country. Such authorities shall endeavour to
facilitate the reintegration of returned or resettled internally
displaced persons.
2. Special efforts should be made to ensure the full participation
of internally displaced persons in the planning and manage-
ment of their return or resettlement and reintegration.
Principle 29
1. Internally displaced persons who have returned to their

homes or places of habitual residence or who have resettled
in another part of the country shall not be discriminated
APPENDIX TWO community, we recognize our obligation to provide humanitarian
assistance wherever it is needed [...]
Extract from the Code of Conduct
for the International Red Cross 2. Aid is given regardless of the race, creed or nationality
of the recipients and without adverse distinction of any
and Red Crescent Movement
kind. Aid priorities are calculated on the basis of need
and NGOs in Disaster Relief alone
Wherever possible, we will base the provision of relief aid upon

Prepared jointly by the International Federation of Red a thorough assessment of the needs of the disaster victims and
Cross and Red Crescent Societies and the ICRC 102 the local capacities already in place to meet those needs. Within
the entirety of our programmes, we will reflect considerations of
proportionality. Human suffering must be alleviated whenever it
Purpose is found; life is as precious in one part of a country as another.
This Code of Conduct seeks to guard our standards of behaviour. Thus, our provision of aid will reflect the degree of suffering it
It is not about operational details, such as how one should seeks to alleviate. In implementing this approach, we recognize
calculate food rations or set up a refugee camp. Rather, it the crucial role played by women in disaster-prone communities
seeks to maintain the high standards of independence, ef- and will ensure that this role is supported, not diminished, by
fectiveness and impact to which disaster response NGOs and the our aid programmes. The implementation of such a universal,
International Red Cross and Red Crescent Movement aspires. It impartial and independent policy, can only be effective if we
is a voluntary code, enforced by the will of the organization and our partners have access to the necessary resources to
accepting it to maintain the standards laid down in the Code. provide for such equitable relief, and have equal access to all
disaster victims.
The Code of Conduct
3. Aid will not be used to further a particular political or
Principles of Conduct for the International Red Cross and Red
religious standpoint
Crescent Movement and NGOs in Disaster Response Programmes
Humanitarian aid will be given according to the need of indi-
1. The humanitarian imperative comes first
viduals, families and communities. Notwithstanding the right of
The right to receive humanitarian assistance, and to offer it, is Non-Governmental Humanitarian Agencies (NGHAs) to espouse
a fundamental humanitarian principle which should be enjoyed particular political or religious opinions, we affirm that assis-
by all citizens of all countries. As members of the international tance will not be dependent on the adherence of the recipients
to those opinions [...]
102 Sponsored by: Caritas Internationalis, Catholic Relief Services, The International
Federation of Red Cross and Red Crescent Societies, International Save the Children
Alliance, Lutheran World Federation, Oxfam, The World Council of Churches, The
International Committee of the Red Cross (members of the Steering Committee
for Humanitarian Response)
4. We shall endeavour not to act as instruments of 8. Relief aid must strive to reduce future vulnerabilities to
government foreign policy disaster as well as meeting basic needs
NGHAs are agencies which act independently from governments. All relief actions affect the prospects for long-term development,
We therefore formulate our own policies and implementation either in a positive or a negative fashion. Recognizing this, we
strategies and do not seek to implement the policy of any will strive to implement relief programmes which actively reduce
government, except insofar as it coincides with our own inde- the beneficiaries’ vulnerability to future disasters and help cre-
pendent policy [....] ate sustainable lifestyles. We will pay particular attention to
environmental concerns in the design and management of relief
5. We shall respect culture and custom programmes. We will also endeavour to minimize the negative
We will endeavour to respect the culture, structures and customs impact of humanitarian assistance, seeking to avoid long-term
of the communities and countries we are working in. beneficiary dependence upon external aid.
6. We shall attempt to build disaster response on local 9. We hold ourselves accountable to both those we seek to
capacities assist and those from whom we accept resources
All people and communities — even in disaster — possess We often act as an institutional link in the partnership between
capacities as well as vulnerabilities. Where possible, we will those who wish to assist and those who need assistance during
strengthen these capacities by employing local staff, purchasing disasters. We therefore hold ourselves accountable to both
local materials and trading with local companies. Where pos- constituencies. All our dealings with donors and beneficiaries
sible, we will work through local NGHAs as partners in planning shall reflect an attitude of openness and transparency [...]
and implementation, and co-operate with local government 10. In our information, publicity and advertising activities,
structures where appropriate. We will place a high priority on we shall recognize disaster victims as dignified
the proper co-ordination of our emergency responses. This is humans, not hopeless objects
best done within the countries concerned by those most directly
involved in the relief operations, and should include representa- Respect for the disaster victim as an equal partner in action
tives of the relevant UN bodies. should never be lost. In our public information we shall portray
an objective image of the disaster situation where the capacities
7. Ways shall be found to involve programme beneficiaries and aspirations of disaster victims are highlighted, and not just
in the management of relief aid their vulnerabilities and fears [...]
Disaster response assistance should never be imposed upon the
beneficiaries. Effective relief and lasting rehabilitation can best
be achieved where the intended beneficiaries are involved in
the design, management and implementation of the assistance
programme. We will strive to achieve full community participa-
tion in our relief and rehabilitation programmes.
APPENDIX THREE Red Crescent Movement and Non-Governmental Organizations in
Disaster Relief (1994).
Extract from the Sphere Project’s
The Humanitarian Charter affirms the fundamental importance
Humanitarian Standards and
of the following principles:
Minimum Standards in Disaster
Response 1.1 The right to life with dignity
This right is reflected in the legal measures concerning the right

to life, to an adequate standard of living and to freedom from
THE HUMANITARIAN CHARTER cruel, inhuman or degrading treatment or punishment [...]
Humanitarian agencies committed to this Charter and to the 1.2 The distinction between combatants
Minimum Standards will aim to achieve defined levels of service and non-combatants
for people affected by calamity or armed conflict, and to pro-
mote the observance of fundamental humanitarian principles. This is the distinction which underpins the 1949 Geneva Conven-
tions and their Additional Protocols of 1977 [...] Non-combat-
The Humanitarian Charter expresses agencies’ commitment to ants are protected under international humanitarian law and are
these principles and to achieving the Minimum Standards. This entitled to immunity from attack.
commitment is based on agencies’ appreciation of their own
ethical obligations, and reflects the rights and duties enshrined 1.3 The principle of non-refoulement
in international law in respect of which states and other parties This is the principle that no refugee shall be sent (back) to
have established obligations. a country in which his or her life or freedom would be threat-
The Charter is concerned with the most basic requirements for ened on account of race, religion, nationality, membership of a
sustaining the lives and dignity of those affected by calamity or particular social group or political opinion; or where there are
conflict. The Minimum Standards which follow aim to quantify substantial grounds for believing that s/he would be in danger
these requirements with regard to people’s need for water, sani- of being subjected to torture.
tation, nutrition, food, shelter and health care. Taken together, 2. ROLES AND RESPONSIBILITIES
the Humanitarian Charter and the Minimum Standards contribute
to an operational framework for accountability in humanitarian 2.1 We recognize that it is firstly through their own efforts
assistance efforts. that the basic needs of people affected by calamity or
armed conflict are met, and we acknowledge the primary role
1. PRINCIPLES and responsibility of the state to provide assistance when
We reaffirm our belief in the humanitarian imperative and its people’s capacity to cope has been exceeded.
primacy [...] We will act in accordance with the principles of 2.2 International law recognizes that those affected are entitled
humanity and impartiality, and with the other principles set to protection and assistance. It defines legal obligations on
out in the Code of Conduct for the International Red Cross and states or warring parties to provide such assistance or to
allow it to be provided, as well as to prevent and refrain
from behaviour that violates fundamental human rights.
These rights and obligations are contained in the body of
international human rights law, international humanitarian
law and refugee law.
2.3 As humanitarian agencies, we define our role in relation to
these primary roles and responsibilities. Our role in provid-
ing humanitarian assistance reflects the reality that those
with primary responsibility are not always able or willing
to perform this role themselves. This is sometimes a matter
of capacity. Sometimes it constitutes a wilful disregard of
fundamental legal and ethical obligations, the result of
which is much avoidable human suffering.
2.4 The frequent failure of warring parties to respect the human-
itarian purpose of interventions has shown that the attempt
to provide assistance in situations of conflict may poten-
tially render civilians more vulnerable to attack, or may on
occasion bring unintended advantage to one or more of
the warring parties. We are committed to minimizing any
such adverse effects of our interventions insofar as this is
consistent with the obligations outlined above. It is the
obligation of warring parties to respect the humanitarian
nature of such interventions.
2.5 In relation to the principles set out above and more gener-
ally, we recognize and support the protection and assistance
mandates of the International Committee of the Red Cross
and of the United Nations High Commissioner for Refugees
under international law.
224 Investigating Violations of Women’s Human Rights in Armed Conflicts

Amnesty International is a worldwide volun-
tary activist movement working towards the
observance of all rights as enshrined in the
Universal Declaration of Human Rights and
other international standards. The focus of its
campaigning work is to free all prisoners of
conscience, ensure fair trials for all political
Amnesty International-Canada prisoners, abolish the death penalty, torture
214 Montreal Road, 4th floor and other ill-treatment of prisoners, and end
Vanier (Ontario) political killings and "disappearances".
Canada K1L 1A4 Amnesty International is a democratic, self-go-
verning movement. It is funded largely by its
Tel: 1 (613) 744-7667 worldwide membership and by donations from
Fax: 1 (613) 746-2411 the public. No funds are sought or accepted
[email protected] from governments for Amnesty International's
www.amnesty.ca work in documenting and campaigning against
human rights violations. Amnesty International
has more than a million members and sup-
porters in over 140 countries and territories.
1001 Blvd. de Maisonneuve East Rights & Democracy is a Canadian organiza-

Suite 1100 tion with an international mandate. It works
Montréal (Québec) with civil society and governments in Canada
Canada H2L 4P9 and abroad to promote human rights and
democratic development through dialogue,
Tel.: 1 (514) 283-6073 advocacy, capacity building and public educa-
Fax.: 1 (514) 283-3792 tion. It focuses on four themes: democratic
[email protected] development, women’s rights, globalization
www.ichrdd.ca and human rights, and indigenous peoples’
rights.

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Investigating Women’s Rights Violations

2– THE INTERNATIONAL CRIMINAL COURT

7– DOCUMENTING TRAFFICKING IN PERSONS ..........................145

11 Please refer to Chapter Eight of this manual, Documenting Abuses of Refugee

4. IHL and States Which Have Not Ratiﬁed

37 Rome Statute, Art. 15(3).

43 Rome Statute, Art. 54(1)(b), 57(3)(c), 64(2) and 68.

52 OXFAM UK/I-ACORD, Development in conﬂict: the gender dimension, London,

53 AI, Women in Colombia, 1995, (AMR/23/41/95).

6.5 Health • Killings of civilians and non-combatants;

Killings and Attacks According to the Laws of War

Information required Information

– Number of civilians killed or wounded; Tips

At present the only deﬁnition of trafﬁcking is that con-

80 Discussions resumed in October 2000.

98 Ariane Brunet and Stephanie Rousseau, “Acknowledging Violations, Struggling

The ICCPR, the Convention on the Political Rights of Women,

Principle 1 1. These Principles shall be applied without discrimination of

1. These Principles shall be observed by all authorities, groups

2. To give effect to this right for internally displaced persons,

1. Internally displaced persons who have returned to their

Wherever possible, we will base the provision of relief aid upon

This right is reﬂected in the legal measures concerning the right

224 Investigating Violations of Women’s Human Rights in Armed Conﬂicts

1001 Blvd. de Maisonneuve East Rights & Democracy is a Canadian organiza-

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