Episcopal Church and the United Nations

A Call for Peace: Saving Women from Sexual Violence in Armed Conflict

September 10, 2020
Episcopal UN

By: Nancy Kaymar Stafford, Diocese of Rhode Island (Province I)

In 2012, I stood at the Genocide Museum in Kigali, Rwanda and was sickened by the crimes perpetrated against women and girls during the Rwandan Genocide. I had seen the same at Tuol Tleng in Phnom Penh, Cambodia several years earlier and heard similar stories from Croatian and Serbian women during a mission trip to regions of the former Yugoslavia. Women are consistently used as pawns during times of armed conflict. Rape, sexual mutilation, sexual humiliation, forced prostitution, forced pregnancy, forced marriage and sexual enslavement have been inflicted on women during war, as long as there has been war. The stories are harrowing; yet they are someone’s reality. Women in areas of armed conflict face these issues every day. This does not only happen during times of war. Non-state insurgent groups have committed similar atrocities against women. 

Why? Why are women, who are generally non-combatants, the object of some of the most horrific acts of war violence? I believe it is because women continue to be treated as property. They are the “spoils of war”. Moreover, the conquered men are emasculated if they cannot protect their women. So, the conquering army further weakens its opponent by assaulting the women. In my opinion, the worst of these atrocities is forced pregnancy, which is solely for the purpose of ethic cleansing. Impregnating a woman who is of a perceived race dilutes her race mixing it with that of the rapist. This weapon of war was used extensively in the Yugoslavian and Rwandan conflicts. I spoke to many women from both conflicts that have serious psychological effects from being forced to have and raise their rapist’s child. 

The Beijing Declaration and Platform for Action (A/52/231) states that “[v]iolations of the human rights of women in situations of armed conflict are violations of the fundamental principles of international human rights and humanitarian law.” This is true.

The Geneva Conventions of 1949 cover the international humanitarian laws related to armed conflict. The Fourth Convention is Relative to the Protection of Civilian Persons in the Time of War.[1] The Commentary to Article 13 notes that “the Geneva Conventions expressly stipulate that women are to be treated with all the respect due to their sex.” Article 27 offers women the following protections, “Women shall be especially protected against any attack of their honor, in particular against rape, enforced prostitution, or any form of indecent assault.” The commentary to this Article is clear that violent acts against women “are and remain prohibited in all places and in all circumstances, and women, whatever their nationality, race, religious beliefs, age, marital status or social condition have an absolute right to respect for their honor and their modesty, in short, for their dignity as women.” The wording is a bit antiquated and the phrase “due to their sex” is ambiguous, but clearly the drafters were aiming to protect women from sexual violence as a weapon of war. 

A more succinct proclamation was given by the Committee that oversees implementation of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), in its General Recommendation 19,[2] noting that “[g]ender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms . . . is discrimination” and that “[t]he right to equal protection according to humanitarian norms in time of international or internal armed conflict” is a fundamental right.

While these documents clearly affirm the right for women to be free from sexual violence in times of armed conflict, the violence continues. Indeed, the CEDAW Committee’s recommendation was made in 1992, just after the start of the Yugoslav War and two years before the Rwandan Genocide. Neither it, nor the Geneva Conventions of 1949, stopped violence from being perpetrated against women in these or subsequent conflicts. 

Likewise, the United Nations efforts have had minimal impact. UN Resolution 1325 (2000)[3] calls for the protection of women and girls, especially as civilians, from conflict-related sexual violence and outlines gender-related responsibilities of the United Nations. In 2010, the UN passed Resolution 1960 to provide an accountability system for conflict related violence against women, because it remained “deeply concerned over the slow progress on the issue of sexual violence in situations of armed conflict in particular against women and children”.[4]

We must break the notion that sexual violence is an appropriate weapon of war. Women are not a commodity that can be used for tactical purposes. The UN calling for an accountability system is a good start. But a better answer would be to prevent war from starting. It is in the best interest of all humans to avoid war and look for non-violent ways for conflict resolution. More research needs to be done to understand the impact of armed conflict on women and the roles that they can play in preventing conflicts. Women have an important role in peacebuilding too. They need to not only have a seat at the table when these issues are addressed; they must also have a voice.    

[1] A copy of the Convention can be found at https://www.loc.gov/rr/frd/Military_Law/pdf/GC_1949-IV.pdf.

[2] https://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm#recom19

[3] https://undocs.org/S/RES/1325(2000)

[4] https://undocs.org/en/S/RES/1960%282010%29

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About the author: Nancy is an attorney licensed to practice in New York State. She spent several years practicing as a corporate attorney before turning her focus to women’s rights as a supervising attorney for Georgetown University Law Center’s International Women’s Human Rights Clinic and for Emory Law School’s Feminism and Legal Theory Project.  Ms. Stafford has worked extensively on women’s rights, particularly as they relate to the African continent, having published several articles and book chapters on the same. She is currently Chair Elect of the International Law Section and Member of the Advisory Council of the ABA’s Center for Human Rights. 

Contact:
Ms. Lynnaia Main

Episcopal Church Representative to the United Nations

EpiscopalUN@episcopalchurch.org