When you think of genocide, the first things that
probably come to mind are visuals from the Holocaust, Rwanda and Bosnia, among
others. Although the conventional notion is to understand that genocide implies
“mass killing”, there is more to it. By definition, genocide includes anything
that is done to prevent the ability of a segment of population to procreate – which
is what the Eugenics movement was.
By extending that definition, genocide also
includes rape and sexual violence.
What makes sexual violence so common on every
warfront and women the easiest targets is the fact that for those that carry it
out, rape and sexual violence is cheap, easy and extremely effective. Armed groups, combatants and non-combatants
use rape as a means to terrorize and control women and communities. Subjecting
women to sexual violence stigmatizes the woman, besides harming her physically
and psychologically. Families turn these women out of their homes. Men refuse
to marry victims of sexual violence. When women are spurned the backbone of a
societal structure is broken.
Sexual violence is calculated, brutal and
absolutely bereft of humanity. Using sexual violence as a modus operandi in
warfare is intricately woven with the hegemonic desire for power. Sexual
violence in conflict is a preferred method to reinforce gendered and political
hierarchies. Rape is cheap, easy and extremely effective. It is vital to ensure
that such widespread violence is neither perceived as a “by-product” of war,
nor deemed a mere practice characteristic of combatants. Sexual violence has
been perpetrated by nearly every entity, not just the combatants themselves.
Genocide is carried out with an intent to destroy
in whole or in part, a national or an ethnic group, through a) Killing members
of the group; b) Causing serious bodily or mental harm to members of the group;
c) Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part; d) Imposing measures
intended to prevent births within the group; and e) Forcibly transferring
children of the group to another group.
In the Akayesu case the Trial Chamber of the ICC
ruled that acts of rape can form an integral part of the process of destruction
of a group. “These rapes resulted in physical and psychological destruction of
Tutsi women, their families and their communities. Sexual violence was an integral
part of the process of destruction, specifically targeting Tutsi women and
specifically contributing to their destruction and to the destruction of the
Tutsi group as a whole.”
As it stands presently, it is only a conclusion
consequent to interpretation. If the law against Genocide could be expanded to
explicitly include Genocide within its fold, it would create a watertight
legislative provision that can ensure that perpetrators of sexual violence
would not be let off lightly, but would be tried for Genocide.
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