Rape as a Tool of Warfare

Rape is defined under international law as "'The sexual penetration, however slight: (a) of the vagina or anus of the victim by the penis of the perpetrator or any other object used by the perpetrator; or (b) of the mouth of the victim by the penis of the perpetrator; where such sexual penetration occurs without the consent of the victim. Consent for this purpose must be consent given voluntarily, as a result of the victim's free will, assessed in the context of the surrounding circumstances.' It also defined the necessary intent as the intention to effect this sexual penetration and the knowledge that this occurs without the consent of the victim."[1]

To spite common belief, the use of rape during times of conflict is not a new phenomenon. In 1474, military officer and knight Peter van Hagenbach became the first individual to be tried under an international tribunal for the rapes committed against the women of Briesbach, Austria by troops under his command during the military occupation of the town.[2] For his crimes he was sentenced to beheading by the judges of the Holy Roman Empire.[3] However, had Hagenbach carried overseen these acts during a time of war he would never have been charged.

"A person born a female had rights over nothing: not their bodies, their own sexual integrity," clarifies Catherine Niarchos[4]. Early writers such as Aristotle and Cicero wrote of how to conduct a "justified" war, which included the right to rape the women of the conquered party.[5] This was common practice among the Greeks, as well as most ancient societies, who saw women as property rightfully "won" from their enemies.[6]

During the middle ages, the Ordinances of War proclaimed that rape during times of war was a capital crime.[7] The foundation for today's view of wartime rape descends from the European political systems of the 16^th and 17^th century.[8] These political systems objected to rape as a spoil of war because they saw it to be in their own best interest.[9] During the mid-1800s, Abraham Lincoln consulted Francis Lieber, a law professor, on the matter of how wars should be fought.[10] Consequently, the Lieber Code, which made rape punishable by death,[11] was instituted and became the basis for today's international law concerning the protection of women during wartime.[12]

Rape as a tool of warfare has also been employed in more recent history. During World War I German soldiers terrorized France and Belgium, using rape to intimidate their enemies.[13] This is the first known use of mass rape utilized as a weapon of war.[14] Subsequently, the Japanese forced approximately 200,000 women to become "comfort women" who were used as sex slaves by the military during World War II.[15] In addition, the Nazis committed widespread rape throughout the territories they occupied during World War II.[16] In retaliation for assaults on Russian women, the Soviets continued the practice of rape as a tool of warfare when they captured German women.[17] Following World War II, rape continued to be employed as a tool of war in numerous conflicts including El Salvador, Sri Lanka, Peru, Kuwait, Vietnam, Cyprus, Cambodia, Bangladesh, Algeria, Indonesia, Haiti, Kashmir, Afghanistan, and the Former Yugoslavia.[18] The use of rape as a weapon of war has also been widespread in Africa, effecting Sudan, Liberia, Uganda, Rwanda, the Democratic Republic of Congo, Cote d'Ivoire, Sierra Leone, Somalia, Mozambique, and many more African nations.

Amnesty International explains that "violence directed against women is often considered an attack against the values or 'honor' of a society and therefore a particularly potent tool of war."[19] There are several more tangible motives for the use of rape in armed conflicts. It can be used to threaten, disgrace, terrorize, gain information, or it can be utilized to carry out ethnic cleansing.[20] Women are also exploited to reward soldiers for "good behavior" such as carrying out the murder of prisoners of war.[21]

Rape manifests itself during conflicts in several ways. The most common use of rape as a tool of war is as a form of torture. The motive for torturing women through rape varies. In the Democratic Republic of the Congo, fighters used rape to penalize civilians for supposedly supporting their enemies.[22] Rape is also used to torture those of different ethnic groups who combatants see as their enemies. Additionally, combatants in the Sudan have used rape to extract information from women concerning the location of their husbands and other male family members.[23]

Another common practice is the exploitation of women as "wives" or "domestic helpers" to soldiers.[24] Soldiers in Sierra Leone called their systematic conquest of women for use as "wives" as "Operation Fine Girl".[25] In Uganda, women have been forced into "marriages" to members of the Lords Resistance Army where they are sexually dominated and physically abused.[26] Women are often abducted while going about their daily lives in their homes, the marketplace, or while working.[27] They are then brought to the camps where they can be kept for months for the purpose of rape or performing "women's work" such as cooking and cleaning.[28]

Forced pregnancy campaigns are also used as a weapon of war. R. Charli Carpenter describes this as "a worse crime against women than rape itself...because of pregnancy's unique role in corroding the victimized culture."[29] This practice is often used as a tool of genocide and ethnic cleansing because it forces women to give birth to the children of their attackers, "thus diluting bloodlines" according to Kathleen T. Mitchell.[30]

Women in conflict situations also face the threat of rape by peacekeepers, foreign soldiers, and even humanitarian workers. Those who have been entrusted to protect women in conflicts can become corrupt and demand sexual favors in exchange for things such as food, medicine, transportation, and education and skills training.[31] One study by the United Nations High Commissioner for Refugees (UNHCR) and Save the Children-UK revealed that peacekeepers paid large amounts of money to have sex with children in Liberia, Guinea, and Sierra Leone.[32]

Rape often goes underreported during times of war. Human Rights Watch explains:

"...many survivors feel ashamed of what happened to them and often blame themselves for the assault, a perception reinforced by different sectors of society. A rape victim is often seen as a disgrace to her extended family. Survivors are therefore hesitant to speak out lest they bring shame upon themselves and their family, and potentially be ostracized by their communities. Attitudes towards sexual violence and the subordinate status of women and girls create considerable societal pressure for women not to pursue their cases."[33]

For these reasons, victims do not report their rape for fear that they will be unable to marry.[34] Furthermore, if raped, a woman may be abandoned by her husband if she speaks out.[35] One woman from Sierra Leone describes the social stigma she has faced in the documentary "Operation Fine Girl: Rape Used As A Weapon of War In Sierra Leone."

"Some people think that you stay with the rebels out of your own free will. Some people understand that it wasn't your fault. Others think that you just didn't try to escape. So when someone says something to you, you feel ashamed and very hurt."[36]

Women also fear retribution from their attackers.[37] Moreover, many women are unaware of their rights or lack faith that the justice system will prosecute the crime.[38]

The effects of the use of rape as a tool of warfare are vast and devastating. In addition to the social stigma victims face by their families and communities, women face a variety of health issues, both physical and mental. Women's physical health is put at risk by several factors such as HIV/AIDS and STD contraction, damage to the reproductive system, birthing difficulties, miscarriages, infant mortality, and illegal and unsafe abortions.[39] One specific practice that physically harms victims is the use of objects such as broken bottles and knives to rape women. Psychologically, victims face anxiety, panic attacks, shame, psychosomatic pains, anger, depression, decreased self-esteem, fear of men and sex, and suicidal tendencies.[40] Many women have been raped in front of their family and community, only adding the psychological damage of their rape.[41]

Sources:

[1] "Global: Rape: Zero tolerance under international law," IRIN, UN Office for the Coordination of Humanitarian Affairs, .

[2] Sharon Frederick, Rape: Weapon of Terror, (River Edge, NJ: Global Publishing Co. Inc. 2001) 10.

[3] Fredrick 10.

[4] Catherine Niarchos, "Women, War, and Rape: Challenges Facing The International Tribunal for the Former Yugoslavia," Human Rights Quarterly 17.4 (1995): 660.

[5] Fredrick 11.

[6] "Rape as a Tool of War: A Fact Sheet," Amnesty International, < http://www.amnestyusa.org/women/pdf/rapeinwartime.pdf>.

[7] R. Charli Carpenter, "Surfacing Children: Limitations of Genocidal Rape Discourse," Human Rights Quarterly 22.2 (2000): 428.

[8] Fredrick 13.

[9] Fredrick 13.

[10] Fredrick 14.

[11] R. Charli Carpenter 430.

[12] Fredrick 14.

[13] Fredrick 15.

[14] Fredrick 15.

[15] Kathleen T. Mitchell, "Children Born from Rape: Overlooked Victims of Human Rights Violations in Conflict Settings," .

[16] Fredrick 16.

[17] Fredrick 17.

[18] Fredrick 21.

[19] "Rape as a Tool of War: A Fact Sheet."

[20] "Rape as a Tool of War: A Fact Sheet."

[21] "Rape as a Tool of War: A Fact Sheet."

[22] "Seeking Justice: The Prosecution of Sexual Violence in the Congo War," Human Rights Watch, < http://www.hrw.org/reports/2005/drc0305/>.

[23] "Sudan: Surviving Rape in Darfur," Amnesty International, < http://www.amnesty.org/en/library/info/AFR54/097/2004>.

[24] "Rape as a Tool of War: A Fact Sheet."

[25]Operation Fine Girl: Rape Used As a Weapon of War in Sierra Leone, prod. and dir. Lilibet Foster, < http://www.witness.org/index.php?option=com_mediaarchive&Itemid=212&task=view&archive_id=2739>, WITNESS/Oxygen Media LLC, 2001.

[26] "Rape as a Tool of War: A Fact Sheet."

[27] "Seeking Justice: The Prosecution of Sexual Violence in the Congo War."

[28] "Seeking Justice: The Prosecution of Sexual Violence in the Congo War."

[29] R. Charli Carpenter 430.

[30] Kathleen T. Mitchell 4.

[31]Lives Blown Apart: Crimes against women in times of conflict, (London: Amnesty International Publications 2004) 41.

[32]Lives Blown Apart: Crimes against women in times of conflict 41.

[33] "'My Heart is Cut': Sexual Violence by Rebels and Pro-Government Forces in Cote d'Ivoire," Human Rights Watch, < http://hrw.org/reports/2007/cdi0807/>.

[34] "Sudan: Surviving Rape in Darfur."

[35] "Sudan: Surviving Rape in Darfur."

[36]Operation Fine Girl: Rape Used As a Weapon of War in Sierra Leone.

[37] "'My Heart is Cut': Sexual Violence by Rebels and Pro-Government Forces in Cote d'Ivoire."

[38] "'My Heart is Cut': Sexual Violence by Rebels and Pro-Government Forces in Cote d'Ivoire."

[39] "'My Heart is Cut': Sexual Violence by Rebels and Pro-Government Forces in Cote d'Ivoire."

[40] "'My Heart is Cut': Sexual Violence by Rebels and Pro-Government Forces in Cote d'Ivoire."

[41] "Rape as a Tool of War: A Fact Sheet."