Module 5 Application Paper Women as
Victims of War
Course Outcome
disaster and mass violence events at the macro, meso, and micro levels of practice.
Assignment
Slack. (2017). Women as victims of war. Obstetrics & Gynaecology
Forum, 27(4), 36–40.
For this assignment, review the Slack article (2017) in this week’s resources.
• Define sexual violence historically.
• Describe two reasons that for sexual violence in war.
• Highlight two conclusions that were drawn about how sexual violence as a
weapon of war must be addressed in the future?
• Identify the implications for social work practice in addressing sexual violence in
mass violence events, especially in war.
Requirements
1. The written assignment is worth 100 points and will be graded on use of
citations, use of Standard English grammar, sentence structure, and overall
organization based on the required components as summarized in the
directions and grading criteria/rubric.
2. Create your exercise using Microsoft Word (a part of Microsoft Office), which is
the required format for all Chamberlain College documents. You can tell that the
document is saved as a MS Word document because it will end in “.docx.”
3. Follow the directions and grading criteria closely. Any questions about your
assignment may be posted under the Q & A Forum.
4. The length of the exercise is to be no less than 2 pages and no greater than 3
pages excluding title page and reference pages.
5. APA format is required with both a title page and reference page but no
abstract. Use the required components of the review as Level 1 headings
(upper and lower case, centered, boldface):
Note: Introduction – Write an introduction but do not use “Introduction” as a
heading in accordance with the rules put forth in the Publication manual of the
American Psychological Association (2010, p. 63). Also remember that the APA
manual provides students with much information related to the general rules for
writing grammatically correct.
6. In addition to the required readings (course textbook(s) and module readings),
you are also required to incorporate and cite a minimum of (3) outside credible
and relevant sources, including peer-reviewed journal articles published
between 2014-2019. The best journal sources for this course are the Journal of
Human Rights and International Social Work. Depending on the topic, you might
find resources in other journals to support the application paper assignment.
7. Write a 2 to 3-page paper that includes the following elements:
o Introduce the purpose and what you intend to address in the
paper.
o Definition of sexual violence historically.
o Two explanations of sexual violence against women in war.
o How sexual violence against women in war will be addressed in
the future.
o Suggest implications for how social work might address the
difference in perspective to enhance intergroup relations.
See the detailed directions and grading criteria in the table below.
Directions and Grading Criteria
Criteria Points Description
Introduction 10 Illustrates the purpose of the assignment and the topics
to be addressed in the paper (purpose, three general
topics).
Organization relative to the assignment
prompts
15 Organizes paper in a way that follows the prompts
sequentially.
Define sexual violence against women in
war
20 Identify the meaning of sexual violence in the historical
sense.
Two explanations of sexual violence
against women in war
20 Provide two explanations of violence against women in
war situations.
Implications for social work in addressing
the use of sexual violence as a weapon of
war
20 Describe how social workers might address the use of
sexual violence as a weapon of war.
Clarity of writing relative to guidelines
for APA format
15 Writes with clarity relative to correct grammar and
guidelines for APA format (correct citations, use of
words, paragraphs.
Total 100 A quality assignment will meet or exceed all of the
above requirements.
.
Rubric
Module 5 Application Paper Grading Rubric
Module 5 Application Paper Grading Rubric
Criteria Ratings Pts
This criterion is
linked to a
Learning
Outcome
Introduction
10 pts
Highest Level of
performance
Provides short but
succinct introduction
related to the purpose of
the paper and topics
covered
8 pts
Very Good or High
Level of
Performance
Partially addresses
the purpose of the
paper and topics
covered
4 pts
Acceptable Level of
Performance
Minimal introduction
of the purpose of the
paper and topics
covered
0 pts
Failing Level of
Performance
Introduction is
incomplete or
missing.
10 pts
This criterion is
linked to a
Learning
Outcome
Organization
Organizes the
paper very
well
sequentially
relative to the
assignment
prompts.
15 pts
Highest Level of
performance
Organizes the paper
very well sequentially
relative to the
assignment prompts.
13 pts
Very Good or High
Level of
Performance
Partially addresses
the purpose of the
paper and topics
covered
11 pts
Acceptable Level of
Performance
Minimal introduction
of the purpose of the
paper and topics
covered
0 pts
Failing Level of
Performance
Introduction is
incomplete or
missing.
15 pts
Module 5 Application Paper Grading Rubric
Criteria Ratings Pts
This criterion is
linked to a
Learning
Outcome
Sexual
Violence
20 pts
Highest Level of
performance
Identifies very well
the meaning of sexual
violence from a
historic perspective.
17 pts
Very Good or High
Level of
Performance
Identifies partially the
meaning of sexual
violence from a
historic perspective.
15 pts
Acceptable Level of
Performance
Identifies minimally
the meaning of sexual
violence from a
historic perspective.
0 pts
Failing Level of
Performance
Lacking is the
meaning of sexual
violence from a
historic perspective.
20 pts
This criterion is
linked to a
Learning
Outcome
Weapon of
War
20 pts
Highest Level of
performance
Provides very well
two explanations of
sexual violence
against women as a
weapon of war.
17 pts
Very Good or High
Level of
Performance
Describes partially
two explanations of
sexual violence
against women as a
weapon of war.
15 pts
Acceptable Level of
Performance
Describes minimally
two explanations of
sexual violence
against women as a
weapon of war.
0 pts
Failing Level of
Performance
Lacking are any
explanations of
sexual violence
against women as a
weapon of war.
20 pts
This criterion is
linked to a
Learning
Outcome
Social Work
Implication
20 pts
Highest Level of
performance
Explains very well an
implication for social
work practice in
addressing the use of
sexual violence
against women as a
weapon of war.
17 pts
Very Good or High
Level of
Performance
Explains partially an
implication for social
work practice in
addressing the use of
sexual violence
against women as a
weapon of war.
15 pts
Acceptable Level of
Performance
Explains minimally
an implication for
social work practice
in addressing the use
of sexual violence
against women as a
weapon of war.
0 pts
Failing Level of
Performance
Lacking is an
implication for social
work practice in
addressing the use of
sexual violence
against women as
weapon of war.
20 pts
Module 5 Application Paper Grading Rubric
Criteria Ratings Pts
This criterion is
linked to a
Learning
OutcomeClarity
of Writing
Relative to
Guidelines for
APA Format
and Standards
15 pts
Highest Level of
performance
Excellent clarity of
writing relative to the
guidelines for APA
format and use of
standard English
grammar and
sentence structure.
13 pts
Very Good or High
Level of
Performance
Very good clarity of
writing relative to the
guidelines for APA
format and use of
standard English
grammar and
sentence structure.
11 pts
Acceptable Level of
Performance
Good clarity of
writing relative to the
guidelines for APA
format and use of
standard English
grammar and
sentence structure.
0 pts
Failing Level of
Performance
Lack of clarity in
writing relative to the
guidelines for APA
format and use of
standard English
grammar and
sentence structure.
15 pts
Total Points: 100
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Correspondence
Mark Slack
email: [email protected]
Introduction
Few exposed to the ravages of war escape unscathed.
Ultimately all participants, both active and passive are victims.
The role of the soldier is well chronicled with tales of valour
and fortitude. More recently the long term consequences of
battle have gained prominence and there are numerous articles
on both the physical injuries and the psychological impact such
as post traumatic stress disorder (PTSD). War, however,
remains a quintessentially masculine realm. Men are perceived
to start wars, do the fighting and dying and finally negotiate
the peace. Memorial services perpetuate this with dedications
to fallen soldiers and supports marches through the streets to
encourage recognition of the returning soldiers.
As the boundaries of conventional war blur, civilians are
increasingly intimately involved and become victims. Their
story is less well known. Amongst these the plight of women
cries out for greater attention. Historically women have been
left behind at times of war without sufficient means to fend for
the family. In addition, in occupied zones women become
victims from small arms and land mines but also suffer gender
related violence. It is estimated that there are 9 indirect deaths
for every direct death in recent African conflicts.1
Rape has been a feature of war throughout history. Cicero
(106-43 BC) urges soldiers to observe the rules of war, since
obeying the regulations separated the “men” from the “brutes”.
The cry, “To the Victor the spoils go,” seemed to justify the
systematic rape of female captives. Rape in war, although it can
be, is seldom for sexual gratification and is used more for the
ritual humiliation of the vanquished or to ensure dominance
over the defeated. For some armies looting was a perk of the
job and rape was seen as a form of looting. Often the woman
was the property of the defeated and in episodes of lengthy
occupation became the property of the victor and in many
cases were repatriated with the other spoils of war.
This is a reflection of the fact that women still struggle for
equal recognition in a male dominated world. Despite the
many achievements of the feminist movement and some
notable advances made as a result, gender discrimination
continues to prevail with most of the advantages weighted in
favour of the male.
Margaret Atwood’s 1985 novel “The Handmaids Tale” is
set in the dystopian republic of Gilead where women are
relegated to the roles of wives, domestic workers or
reproductive vessels forbidden to work or read. They are
physically punished with torture, rape and execution if they
disobey the male leaders. The film version makes disturbing
viewing.2 The vision of a society where women are relegated to
serving men and producing children is stark and upsetting.
This vision as a far-fetched fantasy is uncomfortable enough
without drawing parallels to modern society. Recent legislation
under the Trump administration seeks to limit women’s access
to contraception. The photograph of the all male team in the
White House enacting this legislation, the utterances of the
Vice President on abortion, the enslaving of Yazidi women by
Islamic State militia all paint a picture not a million miles from
the Atwood novel.
Women as victims of war
Mark Slack
Head of Department of Gynaecology, Urogynaecology and Pelvic Reconstructive Surgery, Addenbrooke’s Hospital,
University of Cambridge Teaching Hospital Trust, Hills Road, Cambridge, UK
Abstract
Throughout history rape has been an inevitable accomplice of war. Sexual violence in war is defined as “Rape or other forms
of sexual violence committed by combatants (or peacekeepers) during armed conflict or military occupation”. It is clear that
there is no single cause but that sexual violence is a reflection of the struggle that women have for equal recognition in a
male dominated world. Recent conflicts from the Second World War to the current crisis in the Democratic Republic of the
Congo confirm the ongoing problem associated with sexual violence in military conflict.
Despite this, prior to 1998 there had been little formal recognition of the problem or appropriate legislation. The ethnic
conflicts in Yugoslavia and Rwanda seemed to jolt the International Community out of complacency and resulted in
legislation that equated rape with genocide. Despite this, pitifully few individuals have been charged with crimes against
humanity and suffered the consequences of their actions. This remains an international problem in need of greater
recognition and an added impetus to prosecute the perpetrators.
Research has shown that health professionals have a poor understanding of the issues around domestic violence. It is
also clear that most have little knowledge of the horrors meted out to women exposed to war. Increased awareness of the
suffering and health consequences of sexual violence during times of conflict and war will enable health professionals to
more efficiently provide appropriate care and support for such victims.
Keywords: War; Conflict; Rape; Humanitarian crimes; Genocide
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In times of war women function as combatants, carers,
bread-winners, prisoners, sex slaves and weapons of war.
When the men are away at war the women step up to be
breadwinners while at the same time providing care and
protection for the children, the elderly and the sick. They
protect property and maintain society. Very often they are
without sufficient means to fend for the family. In occupied
zones women become victims because of their sexuality. While
rape has always been a feature of war it has largely gone
unrecognised in the chronicles of war, and has been almost
totally bypassed in post war reparations.
Sexual violence in war is defined as “Rape or other forms of
sexual violence committed by combatants (or peacekeepers)
during armed conflict or military occupation.”3 This is often
accentuated in ethnic conflict and is usually motivated by
violence rather than sexual gratification. This is a reflection of
its broader sociological motives. It often involves gang rape,
prostitution and sexual slavery. Sexual violence in war can be
opportunistic or a systematic tactic aimed at the demoralization
of the community. It can mean sexual slavery aimed at
providing sexual services to the army, exploitation in exchange
for food and humanitarian relief or even to provide “protection”
against mass rape. It has also been used to impregnate victims
as a means of ethnic cleansing via the dilution of bloodlines.
Deuteronomy is the fifth book of the Torah (section of the
Hebrew Bible) and the Christian Old Testament. The book
consists of three sermons delivered by Moses to the Israelites
before they enter the promised land. In this he exhorts the
Israelites that,
“When you go out to war against your enemies, and the Lord
your God gives them into your hand and you take them
captive, and you see among the captives a beautiful woman,
and you desire to take her to be your wife, and you bring her
home to your house, she shall shave her head and pare her
nails. And she shall take off the clothes in which she was
captured and shall remain in your house and lament her
father and her mother a full month. After that you may go in
to her and be her husband, and she shall be your wife. But if
you no longer delight in her, you shall let her go where she
wants. But you shall not sell her for money, nor shall you
treat her as a slave, since you have humiliated her”.
Deuteronomy 21:10-14
There is evidence of rape in the writings of the Crusades, the
American and French revolutions, and through the Second
World War, to the more recent conflicts in the latter part of the
20th century and the early 21st century. Sexual domination as a
form of control has been perpetrated by multiple societies.
From the Lebensborn programme of the Third Reich
intended to create more members of the Aryan race via State
control of women in Saudi Arabia to the encouragement by
Hindu Nationalists to increase breeding as a weapon against
Muslim domination it is clear that women remain an unspoken
weapons of war. It should come as no surprise then that so
called modern and fair democracies treat women no better now
than historically and that sexual violence against women
enacted as a weapon of war is often relegated to an
afterthought. It almost seems as if sexual violence has been
treated as an unfortunate but inevitable phenomenon, difficult
to prevent and therefore not worthy of attention.
Modern history chronology
The study of late modern and contemporary history confirms
the suspicion that an international conspiracy of silence exists
around the subject of rape and sexual violence in war. The
events from the Second World War and witnessed in
subsequent wars highlight the contemporary nature of this
problem.
Historically some leaders have recognized the problem and
counselled and preached against it. Hugo Grotius (1583 – 1645)
the Father of the “law of Nations” wrote that “Rape should not
go unpunished any more in war then in peace.” In 1863 the
United States codified customary international law in its US
Army regulation on the Laws of land warfare. This code known
as the Lieber code formed the cornerstone of humanitarian law
and served as the foundation for military codes in many other
countries.4 Article 44 explicitly declared that all rape is
prohibited under the penalty of death. Sadly their voices are
occasional outbursts dimmed by international apathy.
In the European sector of the Second World War rape was
common during the German invasion of Poland and Russia.
Jewish women and girls were singled out during this advance.
During the war thousands of Jewish and non-Jewish women,
in hiding, ghettos, prisons, brothels and concentration camps
were sexually abused by German soldiers, guards, SS
members and by Germany’s allies and collaborators.5 Soon
after the surrender of Nazi Germany approximately 1.9 million
cases of rape were perpetrated against women and children in
the territories of the defeated Third Reich by soldiers of the
Allied forces. Primarily these were by the soldiers of the Red
Army but also by American and French troops in significant
numbers. It is estimated that between April 24 1945 and May
3rd 100 000 women were raped in Berlin alone.6 At the
Nurenberg trials which began on the 20th November 1945 the
sexual means of torture including rape were documented but
not prosecuted as independent crimes. Rape was only
addressed as a peripheral issue.7
During the Second World War the Japanese Imperial Army
abducted and interned thousands of women from China, Korea
and the Philippines as sexual slaves for the Japanese Soldiers.
The subsequent Tokyo tribunal (May 1946) addressed obliquely
the issue of conflict related sexual violence, including the use of
“comfort women” and the mass rape of Chinese women by
Japanese troops at Nanking but did not formally recognise
these violations.8 This was the first time that rape was
identified as a war crime and commanders were held
responsible for rapes committed by soldiers under their
command. For more than 50 years the survivors had no formal
recognition of the crimes against them.
In December 1948 the United Nations (UN) General
Assembly adopted the Convention on the Prevention and
Punishment of the Crime of Genocide. In the same month the
UN General Assembly adopted the Universal Declaration of
Human Rights.9
In response to the atrocities committed during the Second
World War The Geneva Convention was adopted in August
1949. The conventions extend protection to women civilians
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stating that they must be “especially protected against any
attack on their honour, in particular against rape, enforced
prostitution or any form of indecent assault.” Rape however is
not listed as a “grave breach,” even though the Fourth
Convention for the Protection of Civilian Persons views rape,
enforced prostitution and all forms of indecent assault as
crimes under national and international rules of war.
The Vietnam war raged from the early American
involvement in 1961 until March 1973. During this time both
American and Vietnamese soldiers were guilty of rape but
pitifully few were prosecuted for such crimes.10 The infamous
incident of the rape in My Lai occurred in March 1968. It is
estimated that 175 to 400 villagers were killed. During this
atrocity multiple rapes occurred at the same time. From 1980 to
the 1990’s Rape as a policy of war was employed in multiple
ways from conflicts in Liberia to Uganda, Ethiopia, Rwanda,
Myanmar and the former Yugoslavia.
The tacit acceptance of sexual violence that has existed
historically seemed to end over the last two decades. The
widespread systematic rape in the Balkans and the atrocities
committed in Rwanda appeared to jolt the International
Community out of complacency. These examples along with
the ongoing sexual violence in the Eastern Congo and
increased media coverage have mobilised International
reaction with policy makers, human rights activists, politicians
and celebrity activists highlighting the issue resulting in
reaction from the United Nations and many Governments.
The second UN Global Conference on Women was held in
Copenhagen in Denmark in July 1980. In 1981 Amnesty
International published “Women in the front line”.
The third UN International Conference on Women was held
in Nairobi in July 1985. The delegates highlighted the
importance of addressing gender based violence as an
international human rights issue. A variety of smaller initiatives
by Physicians for Human Rights (PHR) and the UN committee
on the elimination of Discrimination against Women (CEDAW)
maintained the interest in gender-based violence.
In December 1992 Jan Ruff-O’Herne, a former “comfort
woman” broke years of silence and founded an international
movement seeking accountability and reparations from the
Japanese government for its wartime sexual enslavement of
thousands of women and girls during the war.
From 1992 to 1995 Yugoslavia descended into civil war.
During this time an estimated 20 000 to 60 000 women and
girls were subjected to sexual violence in “rape camps”.
The UN sent a team to investigate the reports of rape being
used for ethnic cleansing and then passed a resolution
identifying rape as a war crime for the first time, and called
for the establishment of an international tribunal to
prosecute these crimes.
In 1993 the UN established an international tribunal
(resolution 827) for the sole purpose of prosecuting persons
responsible for serious violations of international humanitarian
law in the former Yugoslavia. This became the International
Criminal Tribunal for the former Yugoslavia (ICTY).11 This
explicitly included rape within its definitions of crimes against
humanity and set the wheels in motion that would lead to the
successful conviction of a number of individuals charged with
rape. The numbers were small numerically but represented a
massive leap in the recognition of women’s rights and was a
milestone for the recognition of rape as a crime. In the same
year the Japanese Prime Minister Morihiro Hosokawa formally
recognized that his country kidnapped and confined 70 000 to
200 000 women as sexual slaves during World War II.
The Rwandan war started in 1994. An estimated 800 000
people were murdered over a period of three months. During
this time an estimated 250 000 to 500 000 women and girls
were raped by the Hutu dominated Rwandan army. As a
result the UN Security Council adopted Resolution 955
establishing the International Criminal Tribunal for Rwanda
(ICTR) This was not without many problems. Judges allowed
intrusive cross examination and victims were laughed at in
court. During the trial of Jean-Paul Akayesu (the Hutu mayor
of the Taba commune) rape was not included in the original
charge of genocide.12 It took the strong insistence of the only
female judge, South Africa’s Navanethem Pillay, before the
charges were amended to include rape as genocidal. She
famously stated, “From time immemorial rape has been
regarded as spoils of war. Now it will be considered a war
crime. We want to send out a strong message that rape is no
longer a trophy of war.”.
In these additional charges the ICTR in 1998 equated rape
with a component of genocide. For many testimony resulted in
social isolation but as a result it implanted a collective narrative
and resulted in sexual violence being defined as genocide.
Judge Pillay’s approach signified one of the most concrete in
the battle against rape and sexual violence in war.
The first International Criminal Tribunal for the former
Yugoslavia (ICTY) trial dealing exclusively with charges of
sexual violence against women commenced in 2000 against
three members of the Bosnian Serb military and paramilitary
forces. On February 22,2001 the three defendants were found
guilty of rape as a crime against humanity. While the number
prosecuted was small the gravity of the charge against them
was a significant step in the fight against rape during war
and conflict.
On October the 31st 2000 the UN Security Council adopted
Resolution 1325 on Women, Peace and Security. It was the first
formal and legal document from the UN security council that
addressed the impact of war on women.13
The Women’s International War Crimes Tribunal on
Japan’s Military Sexual Slavery during World War II was held
in Tokyo in December 2000. Apart from finally acknowledging
the role of the Japanese Government in the enslavement of
the “comfort women” it finally gave the surviving victims
acknowledgement of the crimes against them and a sense
that justice had at last prevailed.
In 2008 the UN Secretary General Ban Ki-Moon launched his
campaign “UNITE to end Violence Against Women.” In June of
the same year the UN Security Council unanimously adopted
resolution 1820 which recognized that sexual violence can be
categorized as a war tactic, war crime, crime against humanity
and an act of genocide.
In March 2011 judges at The Hague found Charles Taylor,
the former President of Liberia, guilty of war crimes and crimes
against humanity. These included rape and sexual slavery. This
is a small victory in an arena where far too many former tyrants
and despots are allowed to live freely and without sanction.
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Even now perpetrators of some of the most violent crimes
against society, like the Khmer Rouge, live comfortable lives
free from the risk of prosecution. More often than not they are
shielded by the new leaders of their countries. In Cambodia the
UN backed war crimes tribunal against former Khmer Rouge
commanders has stalled in the face of opposition by the prime
minister Hun Sen, himself a former Khmer Rouge cadre.
Why does it happen?
In order to prevent conflict related sexual violence we need to
understand the causes and consequences. While many seek a
universal explanation others seek to establish the causes as
they apply to specific settings. There are a number of theories
but we will probably have to be satisfied that there is unlikely
to be a universal explanation.
Biology
Considering the long history of rape it seems rational to believe
that sexual aggression is biological, and therefore only ever just
below the surface. This aggression is constrained by social
cohesion and society but with the breakdown of social controls
the underlying impulse rises to the surface. In many ways this
is naïve but even if true it does not explain why levels of sexual
violence vary so widely from conflict to conflict. It also does not
explain the use of rape as a weapon of war, and it is important
to remember that in most conflicts the majority of men do not
engage in rape.
Patriarchy
In cultures where men dominate, women can be considered the
property of men. In such cultures if men believe that women
are lesser than them the men may feel entitled to rape. In such
a society as women are considered to be under the protection
of their men attacks against enemy women can be seen as
proxy attacks against the enemy.
Militarization
A common strategy to get soldiers to risk their own lives or
take those of others is to portray the enemy as less than human
and a danger to society, culture or religion. This dehumanising
of the enemy will enable soldiers to overcome any concerns
about violence against the enemy. While this may, however,
explain sexual violence there are armies and rebel groups who
do not engage in such behaviour.
Rape as a strategy of war
This forms one of the most chilling causes of rape as a function
of war. When a group sets out to use rape as a strategy its only
aim is the complete destruction of the the opposition both
socially and strategically. This tends to be more common in
conflicts that are ethnically based where combatants wage war
on the enemy’s civilian population. The aim is to force people to
stop supporting competing groups or to leave an area. It is
meant to ensure that those fleeing an area will never return.
This can spill over to a form of ethnic cleansing. Here the goal
can be to force the enemy to give birth to children with mixed
ethnicity. This in turn dilutes the blood line and destroys ethnic
identity. The Bosnian conflict and the Rwandan genocide are
both extreme examples of this. A child born under these
circumstances remains as a constant reminder of the
humiliation suffered by the vanquished. Children born in these
circumstances are often abandoned or neglected and the
mother is often ostracised.
Domestic violence
The most prevalent form of violence against women both in
and out of war is domestic. In times of war the likelihood of
domestic violence increases. During war women often take on
roles traditionally undertaken by men. At the end of conflict
when men return to their communities this gender reversal can
lead to problems of increased domestic violence. This can also
include sexual violence when returning soldiers want to force
pregnancy on unwilling partners.
Consequences of sexual violence
The mental health consequences are devastating and the
duration lifelong. The trauma of the violence can also be
accompanied by an unwanted pregnancy or a life threatening
infection such as HIV. In Rwanda it is estimated that up to 70%
of the victims of sexual violence were HIV positive.
Management of psychological morbidity must be carefully
considered. While counselling may help some cultures it may
be completely inappropriate for others. One thing that seems to
help all cultures is social support from other women and the
ability to focus on something other than their experiences.
Many of the long term effects arise from the manner in
which families and communities respond to the victims.
Women and children who are victims of violence during armed
conflict are often reluctant to talk about their suffering.
Pressure from parties of the conflict, the government, the family
or community all serve to intimidate many into silence. Men
struggle to confront the reality leaving the victim to deny the
event and to manage the trauma on her own. Stigmatization of
victims prevents rehabilitation and can lead to loss of economic
support or the chance to enter into a relationship. If a woman
has a child from rape she may be forced to choose between the
child and her family.
Protection and prevention
It is difficult, if not impossible, to protect women and girls from
sexual violence in conflicts and humanitarian situations. By
definition war is associated with the loss of normal security
services with the invading army controlling that area.
In peacetime society has to inculcate the values that protect
women from sexual violence. Men growing up in a society
intolerant of sexual violence will hopefully be less wired to
commit sexual violence.
Armies must receive training that condemns any form of
sexual violence and the soldiers must be educated about the
consequences should they transgress.
It is essential to ensure that possible perpetrators know
they will be punished. Individuals must know that they will be
prosecuted for any acts of sexual violence irrespective of the
prevailing conditions. More importantly the commanders, both
military and civilian, must be warned that the International
Community will not condone such acts and that the the full
force of the International Community will condemn them and
bring them to justice if the forces under their command commit
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OBSTETRICS & GYNAECOLOGY FORUM 2017 | ISSUE 4 | 40
such atrocities. Collecting the evidence to prosecute these
crimes can be difficult. Continuing violence or conflict often
prevent reporting. In many areas reprisal, shame and social
stigma are attached to rape. Fear of the consequences of
reporting sexual violence such as rejection, alienation, divorce
and being deemed unfit for marriage discourage women from
reporting the violence suffered. National courts may have no
jurisdiction over soldiers who are foreign nationals and it may
be impossible to seek their extradition. Only concerted and
coordinated efforts by the International Community will
overcome these difficulties.
Since 1998 the International Community has legislated
against sexual violence and there have been some high profile
prosecutions of leaders like Charles Taylor and Jean-Paul
Akayesu. The International Community must not shy away
from its responsibilities and ensure that perpetrators, especially
from the leadership ranks must be brought to justice within
their own lifetime. The approach of trying defendants for rape
as a crime against humanity makes the successful prosecution
and punishment of commanders and leaders a more realistic
possibility. In the Akayesu case he was not tried for direct
participation in the acts but for his official sanction as mayor of
the town based on presence, knowledge and failure to prevent
the acts.15
A number of conventions have been promulgated to protect
women and children from abuse (Table 1) and the UN Security
Council has passed a number of resolutions on women, peace
and security (Table II). Despite this rape continues unchecked
in the Eastern Congo highlighting the need for greater
International efforts.
Conclusion
Peace settlements and post conflict resolution will only reach
appropriate conclusions when there is adequate representation
from women in the peace process. There is still considerable
uncertainty about the legal standing so the international
community needs to continue to legislate and so remove the
ambiguity about rape and to ensure that in whatever form it
occurs it receives the necessary attention and attracts the
appropriate sanction. A radical change in attitude coupled with
the introduction of new laws will go some way to ridding the
world of this atrocious crime.
For this to occur the subject needs to gain far greater
recognition and the prosecution of perpetrators far more
energy. If society treated the perpetrators as outcasts and
ostracized and rejected them, recognizing them as pathetic and
cowardly the numbers of transgressors would rapidly reduce. It
is essential that violence against women remains on the UN
Security Council Agenda and that gaps in the criminal codes
are closed so that perpetrators cannot escape justice.
A thorough understanding of the magnitude of the problem
of sexual violence in war and conflict, and the health and social
consequences that emanate from it is essential to enable health
professionals to provide the support and follow-up that these
individuals need. The provision of sympathetic and professional
support will help to mitigate some of their suffering.
References
1. Coghlan, B, Brennan RJ, NgoyP, Dofara D, Otto B, et al. Mortality in the
Democratic Republic of Congo:A nationwide survey. Lancet 2006:367;44-51.
2. http://www.channel4.com/programmes/the-handmaids-tale
3. McDougall, Gay J Contemporary forms of slavery: systematic rape,
sexual slavery and slavery-like practices during armed conflict.
1998. Final report submitted by Ms. Gay J. McDougall, Special
Rapporteur, E/CN.4/Sub.2/1998/13.) https://www.macalester.edu/
~tam/HIST194%20War%20Crimes/documents/UN/systematic%20
rape,%20sexual%20slavery%20during%20armed%20conflict.htm
4. https://archive.org/stream/pdfy-NG4E2nsEimXkB5mU/The Lieber Code Of
1863_djvu.txt
5. Baer ER, Goldenberg M. Experience and expression: Women the Nazis and
the Holocaust, Wayne State University Press, Detroit, 2003.
6. Hillers M. A Woman in Berlin. Eight Weeks in the Conquered City. 2005
Henry Holt, New York.
7. Brownmiller S. Against our will: Men women and rape. 1976 Penguin, London.
8. Soh, S. The Comfort Women: Sexual Violence and postcolonial memory in
Korea and Japan. 2009. University of Chicago Press, Chicago.
9. http://www.un.org/en/universal-declaration-human-rights/
10. Weaver G.M. Ideologies of forgetting: rape in the Vietnam War 2010 State
University of New York Press. Albany.
11. Kaszubunski M The International Criminal Tribunal for the Former
Yugoslavia. In:Post-Conflict Justice. Bassiouni MC eds. Translational
Publishers Ardsley N.Y.
12. Goldstone RJ. Prosecuting rape as a war crime, Case Western Reserve
Journal of International Law 2002;34:277-286.
13. ww.un.org/en/peacekeeping/issues/women/wps.shtml
14. Baaz M, Stern M. “Why do Soldiers Rape? Gender, Violence and Sexual
Equality in the Armed Forces in the Congo (DRC). International Studies
Quarterly 2009;53:495-518
15. Askin K. Sexual Violence in decisions and indictments of the Yugoslav and
Rwandan tribunals: Current status. Am J International Law 1999;93:97-123.
Table II: United Nations Security Council Resolutions on
women peace and security
Since 2000 the UN security council has adopted 5 resolutions on
women peace and security. The first addressed a number of
issues from sexual violence to the role of women in the peace
process. The more recent ones have focused far more on sexual
violence.
Resolution 1325 (2000) –
Resolution 1820 (2008) –
Resolution 1888 (2009)
Resolution 1889 (2009)
Resolution 1960 (2010)
Resolution 1983 (2011)
Table 1: Conventions for the protection of women and children
• The Geneva Convention – Many acts of sexual violence –
including rape, gang rape, sexual violence and sexual
mutilation- constitute torture under international law. These
acts are considered war crimes and constitute breaches of
the Geneva Convention
• The UN Declaration on the elimination of Violence
Against Women (EVAW)
• The Convention on the Elimination of all forms of
Discrimination Against Women(CEDAW)
• General Recommendation No 19 of CDAW
• The Convention on the Rights of the Child
Women as victims of war 1:Layout 1 2017/10/31 9:26 AM Page 5
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