Rape during the Sierra Leone Civil War

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During the Sierra Leone Civil War gender specific violence was widespread. Rape, sexual slavery and forced marriages were commonplace during the conflict. [1] It has been estimated by Physicians for Human Rights (PHR) that up to 257,000 women were victims of gender related violence during the war. The majority of assaults were carried out by the Revolutionary United Front (RUF). [2] The Armed Forces Revolutionary Council (AFRC), The Civil Defence Forces (CDF), and the Sierra Leone Army (SLA) have also been implicated in sexual violence.

Contents

Multiple perpetrator rape (MPR) was widespread during the conflict, with one report showing that seventy-six percent of survivors had been subjected to MPR. There were high levels of survivors having caught a sexually transmitted disease, and six percent reported that they had been forcibly impregnated. Human Rights Watch (HRW) said of the gender related violence that it had been "widespread and systematic".

War crimes trials began in 2006, with thirteen people indicted for gender related violence, and for the first time, forced marriage was found by the trial chamber to be a crime against humanity.

Rape as genocide

According to Amnesty International, the use of rape during times of war is not a by-product of conflicts but a planned and deliberate military strategy. [3] Since the end of the 20th century, the majority of conflicts have shifted from wars between nation states to communal and intrastate civil wars. During these conflicts the use of rape as a weapon against the civilian population by state and non-state actors has become more frequent. Journalists and human rights organisations have documented campaigns of genocidal rape during the conflicts in Bosnia, Sierra Leone, Rwanda, Liberia, Sudan, Uganda, and in the Democratic Republic of Congo (DRC). [4]

The strategic aim of these mass rapes are twofold, the first is to instil terror in the civilian population, with the intent to forcibly dislocate them from their property. The second, to degrade the chance of possible return and reconstitution by having inflicted humiliation and shame on the targeted population. These effects are strategically important for non-state actors, as it is necessary for them to remove the targeted population from the land. Rape as genocide is well suited for campaigns which involve ethnic cleansing and genocide, as the objective is to destroy, or forcefully remove the target population, and ensure they do not return. [4] Cultural anthropologists, historians and social theorists have indicated that the use of mass rape in wartime has become an integral part of modern-day conflicts, such as in the DRC, Darfur, Liberia, and Colombia. [5]

The devastating effects of mass rape do not only affect the person assaulted, but also have a profound impact on familial and community bonds. The destruction wrought by sexual violence weakens the targeted population's survival strategies. The stigma which is associated with rape often results in victims being abandoned, which can lead to the victims being unable to take part in community life, and makes it more difficult to bear and raise children. The use of mass rape allows an enemy to force suffering on an entire community, and in doing this it can lead to the annihilation of the targeted culture. [6]

Perpetrators

The RUF, even though they had access to women, who had been abducted for use as either sex slaves or combatants, frequently raped non-combatants. [7] The militia also carved the RUF initials into women's bodies, which placed them at risk of being mistaken for enemy combatants if they were captured by government forces. [8] Women who were in the RUF were expected to provide sexual services to the male members of the militia. And of all women interviewed, only two had not been repeatedly subjected to sexual violence; gang rape and individual rapes were commonplace. [9] A report from PHR stated that the RUF was guilty of 93 percent of sexual assaults during the conflict. [10] The RUF was notorious for human rights violations, and regularly amputated arms and legs from their victims. [11]

Estimates of victims

Trafficking by military and militias of women and girls, for use as sex slaves is well documented. With reports from recent conflicts such as those in, Angola, the former Yugoslavia, Sierra Leone, Liberia, the DRC, Indonesia, Colombia, Burma and Sudan. [12] During the decade long civil conflict in Sierra Leone, women were used as sex slaves having been trafficked into refugee camps. According to PHR, one third of women who reported sexual violence had been kidnapped, with fifteen per cent forced into sexual slavery. The PHR report also showed that ninety four per cent of internally displaced households had been victims of some form of violence. [13] PHR estimated that there were between 215,000 and 257,000 victims of rape during the conflict. [14] [15]

Of the types of assaults reported seventy-six percent were multiple perpetrator rape (MPR), with seventy-five percent of these being perpetrated by male only groups. The remaining twenty-five percent of sexual assaults were carried out by mixed sex groups, which indicates that one in four incidents of MPR women had actively participated. [16]

HRW reported that "Throughout the nine-year Sierra Leonean conflict there has been widespread and systematic sexual violence against women and girls including individual and gang rape, sexual assault with objects such as firewood, umbrellas and sticks, and sexual slavery," and that "the rebel factions use sexual violence as a weapon to terrorise, humiliate, punish and ultimately control the civilian population into submission.'" [17]

Aftermath

The violence directed towards women during the conflict was extraordinarily brutal. Militias were indiscriminate about the ages of those assaulted, and there was a marked tendency towards younger women and girls believed to be virgins. Some women were raped with such violence they bled to death following the assault. A report by MSF showed that fifty five per cent of survivors had suffered gang rape, with the attacks usually involving insertion of objects such as knives and burning firewood into the vagina. [18]

There were reports of pregnant women being eviscerated with rebels placing wagers on the gender of the unborn child. Thirty four per cent of survivors have reported that they have caught a sexually transmitted disease, and a further fifteen per cent have reported being ostracised by their family due to having been raped. Six percent reported that they had been forcibly impregnated. Women who had been kidnapped and who had spent years living in the bush have reported severe health problems, such as tuberculosis, malnutrition, malaria, skin and intestinal infections, and respiratory diseases. [18]

International and domestic reaction

The International Rescue Committee, in conjunction with the Sierra Leone government founded three Sexual Assault Referral Centers (SARC). Locally the SARC project are called "rainbow centers" and they give free psychosocial and medical care as well as offering legal advice. The United Nations High Commissioner for Refugees has singled out the SARC project as a "best-practice gender-based violence program". [19]

Post-war trials

The Special Court for Sierra Leone (SCSL), was founded on 16 January 2002, [20] and at first adopted the definition of rape as laid down by the International Criminal Tribunal for the former Yugoslavia in the Dragoljub Kunarac case. [lower-alpha 1] The prosecutor of the SCSL focused on investigating gender-related crimes, which resulted in the indictment of thirteen people for gender-related violence. In 2007 a trial chamber of the SCSL found that forced marriage was a crime against humanity, and the appeal chamber upheld this judgement in 2008 stating, "forced marriage is a distinct, inhumane act of sufficient gravity to be considered a crime against humanity" [lower-alpha 2] The prosecutor of the SCSL charged Brima Bazzy Kamara, Alex Tamba Brima and Santigie Borbor Kanu, who were leaders of the AFRC, with counts of sexual slavery, forced marriages, and other forms of sexual violence committed by the men under their command. [23]

On 20 June 2007, the three members of the AFRC were found guilty of rape as a crime against humanity, and sexual slavery as a war crime. They were also found guilty of recruiting child soldiers, who had also carried out acts of sexual violence on non-combatants. The rapes in the indictment were described as "brutal", and were often in the form of gang rape. [24]

The trials of Samuel Hinga Norman, Moinina Fofana and Allieu Kondewa, known as the "Civil Defence Forces case", made little mention of gender-related crimes, this was due to the majority of the trial chamber's judges systematically excluding evidence. This decision was criticised by the appeals chamber, however it declined a request for a new trial. [25] The trial of three RUF members was the first time in either a national or international court convicted individuals for forced marriage and sexual slavery as a crime against humanity. [26]

See also

Footnotes

  1. (1) The non-consensual penetration, however slight, of the vagina or anus of the victim by the penis of the perpetrator or by any other object used by the perpetrator, or of the mouth of the victim by the penis of the perpetrator; and (2) The intent to effect this sexual penetration, and the knowledge that it occurs without the consent of the victim." [21]
  2. "The SCSL defined the crime of forced marriage as a situation in which the perpetrator through his words or conduct, or those of someone for whose actions he is responsible, compels a person by force, threat of force, or coercion to serve as a conjugal partner resulting in severe suffering, or physical, mental or psychological injury to the victim." [22]

Related Research Articles

Some victims of rape or other sexual violence incidents are male. Historically, rape was thought to be, and defined as, a crime committed solely against females. This belief is still held in some parts of the world, but rape of males is now commonly criminalized and has been subject to more discussion than in the past.

<span class="mw-page-title-main">Johnny Paul Koroma</span> Military dictator of Sierra Leone from May 1997 to February 1998

Major Johnny Paul Koroma was a Sierra Leonean military officer who was the head of state of Sierra Leone from May 1997 to February 1998.

Sexual violence is any harmful or unwanted sexual act—or attempt to obtain a sexual act through violence or coercion—or an act directed against a person's sexuality without their consent, by any individual regardless of their relationship to the victim. This includes forced engagement in sexual acts, attempted or completed, and may be physical, psychological, or verbal. It occurs in times of peace and armed conflict situations, is widespread, and is considered to be one of the most traumatic, pervasive, and most common human rights violations.

The Sierra Leonean Civil War (1991–2002) was a civil war in Sierra Leone that began on 23 March 1991 when the Revolutionary United Front (RUF), with support from the special forces of Liberian dictator Charles Taylor's National Patriotic Front of Liberia (NPFL), intervened in Sierra Leone in an attempt to overthrow the Joseph Momoh government. The resulting civil war lasted almost 11 years, and had over 50,000, up to 70,000, casualties in total; an estimated 2.5 million people were displaced during the conflict.

<span class="mw-page-title-main">Violence against women</span> Violent acts against women and girls

Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), is violent acts primarily committed by men or boys against women or girls. Such violence is often considered a form of hate crime, committed against persons specifically because they are of the female gender, and can take many forms.

<span class="mw-page-title-main">Special Court for Sierra Leone</span> Judicial body

The Special Court for Sierra Leone, or the "Special Court" (SCSL), also called the Sierra Leone Tribunal, was a judicial body set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law" committed in Sierra Leone after 30 November 1996 and during the Sierra Leone Civil War. The court's working language was English. The court listed offices in Freetown, The Hague, and New York City.

Rape can be categorized in different ways: for example, by reference to the situation in which it occurs, by the identity or characteristics of the victim, and by the identity or characteristics of the perpetrator. These categories are referred to as types of rape. The types described below are not mutually exclusive: a given rape can fit into multiple categories, by for example being both a prison rape and a gang rape, or both a custodial rape and the rape of a child.

<span class="mw-page-title-main">Rape</span> Type of sexual assault usually involving sexual intercourse without consent

Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term rape is sometimes casually inaccurately used interchangeably with the term sexual assault.

<span class="mw-page-title-main">Wartime sexual violence</span> Acts of sexual violence committed by combatants during armed conflict, war or military occupation

Wartime sexual violence is rape or other forms of sexual violence committed by combatants during an armed conflict, war, or military occupation often as spoils of war, but sometimes, particularly in ethnic conflict, the phenomenon has broader sociological motives. Wartime sexual violence may also include gang rape and rape with objects. It is distinguished from sexual harassment, sexual assaults and rape committed amongst troops in military service.

<span class="mw-page-title-main">Initiatives to prevent sexual violence</span> Responses aimed at combating sexual violence

As sexual violence affects all parts of society, the responses that arise to combat it are comprehensive, taking place on the individual, administrative, legal, and social levels.

<span class="mw-page-title-main">Sexual violence in the Democratic Republic of the Congo</span>

The Democratic Republic of the Congo, and the east of the country in particular, has been described as the "Rape Capital of the World", and the prevalence and intensity of all forms of sexual violence has been described as the worst in the world. Human Rights Watch defines sexual violence as "an act of a sexual nature by force, or by threat of force or coercion", and rape as "a form of sexual violence during which the body of a person is invaded, resulting in penetration, however slight, of any part of the body of the victim, with a sexual organ, or of the anal or genital opening of the victim with any object or other part of the body."

Violence against men comprises violent acts that are disproportionately committed against men or boys. Men are overrepresented as both victims and perpetrators of violence. Violence against women is the opposite category, where acts of violence are targeted against the female gender.

Prosecution of gender-targeted crimes is the legal proceedings to prosecute crimes such as rape and domestic violence. The earliest documented prosecution of gender-based/targeted crimes is from 1474 when Sir Peter von Hagenbach was convicted for rapes committed by his troops. However, the trial was only successful in indicting Sir von Hagenbach with the charge of rape because the war in which the rapes occurred was "undeclared" and thus the rapes were considered illegal only because of this. Gender-targeted crimes continued to be prosecuted, but it was not until after World War II when an international criminal tribunal – the International Military Tribunal for the Far East – were officers charged for being responsible of the gender-targeted crimes and other crimes against humanity. Despite the various rape charges, the Charter of the Tokyo Tribunal did not make references to rape, and rape was considered as subordinate to other war crimes. This is also the situation for other tribunals that followed, but with the establishments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), there was more attention to the prosecution of gender-targeted crimes with each of the statutes explicitly referring to rape and other forms of gender-targeted violence.

<span class="mw-page-title-main">Genocidal rape</span> Mass sexual assault during wartime as part of a genocidal campaign

Genocidal rape, a form of wartime sexual violence, is the action of a group which has carried out acts of mass rape and gang rapes, against its enemy during wartime as part of a genocidal campaign. During the Armenian genocide, the Greek genocide, the Assyrian genocide, the second Sino-Japanese war, the Holocaust, the Bangladesh Liberation War, the Bosnian War, the Rwandan genocide, the Tamil genocide, the Circassian genocide, the Congolese conflicts, the South Sudanese Civil War, the Yazidi Genocide, and Rohingya genocide, mass rapes that had been an integral part of those conflicts brought the concept of genocidal rape to international prominence. Although war rape has been a recurrent feature in conflicts throughout human history, it has usually been looked upon as a by-product of conflict and not an integral part of military policy.

The term international framework of sexual violence refers to the collection of international legal instruments – such as treaties, conventions, protocols, case law, declarations, resolutions and recommendations – developed in the 20th and 21st century to address the problem of sexual violence. The framework seeks to establish and recognise the right all human beings to not experience sexual violence, to prevent sexual violence from being committed wherever possible, to punish perpetrators of sexual violence, and to provide care for victims of sexual violence. The standards set by this framework are intended to be adopted and implemented by governments around the world in order to protect their citizens against sexual violence.

During the first and second conflicts in the Democratic Republic of the Congo (DRC), all armed parties to the conflict carried out a policy of genocidal rape, with the primary purpose being the total destruction of communities and families. Such was the violence directed at and carried out towards women that Human Rights Watch (HRW) described it as "a war within a war". HRW has reported that as of March 2013, civil conflict had reignited when the militia, March 23 Movement (M23), resumed hostilities following a ceasefire.

Roughly 100.000-140.000 child soldiers in Sierra Leone fought between 1991 and 2002 in the Sierra Leone Civil War. Children fought on both sides of the conflict. Nearly half of the Revolutionary United Front (RUF), and a quarter of the government armed forces consisted of children aged 8–14 years old.

The Women Under Siege Project is an independent initiative of the Women's Media Center (WMC). The project documents online and through social media how rape and gender-based violence are used as tools in warfare and genocide. The project uses journalism to investigate and bring to light these issues which impact women throughout the world, but especially in areas of conflict. The director of Women Under Siege, Lauren Wolfe, has said that the first step to challenging rape is to stop victim blaming and to focus on the perpetrators and the cultures that produce them.

The Kashmir conflict has been beset by large scale usage of sexual violence by multiple belligerents since its inception.

Rape during the Syrian civil war was used as a strategy throughout the Syrian conflict by pro government supporters, members of the Free Syrian Army, and militants fighting for the Islamic State of Iraq and the Levant. According to the International Rescue Committee (IRC) rape has been a "significant and disturbing feature" during the conflict, and the primary reason given for 600,000 women fleeing the war zone is fear of sexual assault. For the background and legal content use the prosecution of Syrian civil war criminals. Human Rights Watch have requested that the United Nations Security Council refer Syria to the International Criminal Court.

References

  1. Oosterveld 2013, p. 235.
  2. Cohen 2013, p. 397.
  3. Smith-Spark 2012.
  4. 1 2 Leaning 2009, p. 174.
  5. Canning 2012, p. 40.
  6. Leaning 2009, p. 193.
  7. Wood 2013, p. 145.
  8. Meyersfeld 2012, p. 164.
  9. Denov 2010, p. 109.
  10. Mustapha 2003, p. 42.
  11. Kennedy & Waldman 2014, pp. 215–216.
  12. Decker et al. 2009, p. 65.
  13. Martin 2009, p. 50.
  14. Simpson 2013.
  15. Reis 2002, pp. 17–18.
  16. Cohen 2013, p. 399.
  17. MacKenzie 2009, pp. 5–6.
  18. 1 2 Leaning 2009, p. 190.
  19. Leaning 2009, p. 194.
  20. Chernor Jalloh 2012, p. 178.
  21. Eriksson 2010, p. 453.
  22. Meyersfeld 2012, pp. 154–153.
  23. Bellelli 2010, p. 314.
  24. Eriksson 2010, pp. 453–454.
  25. Oosterveld 2011, p. 51.
  26. Oosterveld 2011, pp. 49–74.

Bibliography

Further reading