[ Sexualised War crimes ]

Seeking justice

To prevent gender relations from being marked by a mentality of violence in the wake of armed conflict, criminals need to be punished. Victims’ honour must be restored, to the extent possible. Both is easier said than done.


[ Rita Schäfer ]

Just how difficult it is for victims of sexualised violence in war to get justice is illustrated by proceedings underway at the International Criminal Court (ICC) in The Hague: a judicial dispute about how to ade­quately protect female witnesses during the trial of two former militia leaders from the Democratic Republic of Congo erupted into a major row. Moreover, indictments for forcibly recruiting child soldiers excluded sexualised violence, a frequent method of coercion. For years, women's rights organisations such as Medica Mondiale have been demanding that a special department be set up to investigate and prosecute sexualised war crimes. At the same time, they want victims to get compensations.

In the case of Serb leader Radovan Karadzic, Monika Hauser, Medica Mondiale's founder, similarly argues that the ICC should deal with sexualised violence as an issue in its own right. According to her, Karadzic is one of the leaders responsible for mass rapes in Bosnia, and failure to prosecute him would exacerbate personal traumas as well as the social stigmatisation of the women concerned.

How to secure justice for such women was the subject of an international conference staged in early September in Bad Honnef by Medica Mondiale and the Geneva-based UN High Commission for Human Rights. According to Sabiha Husic, an expert in psychosocial conflict-transition form Bosnia-Herzegovina, it is important to reform national legislation in line with international standards. Doing so, she said, facilitates work at the local level. However, she bemoaned slow implementation.

UN Resolution 1820, adopted in June, was a milestone on the road to prosecuting sexualised war violence. It condemns such acts of brutality, many of which are committed on a systematic basis, considering them crimes against humanity and war crimes. All UN member states are called upon to end the impunity of perpetrators, and to improve access to justice for women and girls as well as law enforcement. The UN Security Council has emphasised the urgency of such action for the sake of reconciliation and lasting peace.

Though South Africa is often mentioned as a model for coming to terms with the past, compensation rules and bureaucratic procedures still present insurmountable obstacles to many Apartheid victims. Therefore, self-help matters a great deal. Khulumani is a nationwide grassroots network, representing the interests of victims. Activist Nomarussia Bonase, a victim of vio­lence herself, stresses that such grassroots engagement helps people regain dignity. By demanding justice and documen­ting past crimes in detail, moreover, they help promote democracy and counteract current vio­lent tendencies at the local level.

Campaigning for human rights can be dangerous, however. That is evident in reports by courageous women in the Democratic Republic of Congo, Haiti, Guatemala and Afghanistan. Repeatedly, activists have become targets of hatred and aggression.

Where perpetrators of sexual war violence are not held accountable, how­ever, patterns of violence continue after peace is restored. Rape and domestic violence become widespread problems. In Timor-Leste, Fokupers, a non-governmental organisation, is dealing with the violent legacy of the past. According to its director, Rosa Maria do Rosario de Sousa, means for doing so include legal support for victims, lobbying and public-relations work as well as awareness raising in cooperation with local authorities. In some places, culturally-adept innovative programmes (for instance neighbourhood initiatives) are helping women in search of their rights. At all levels of politics and society, changes in male attitudes are needed.

D+C, 2008/10, Monitor, Page 361