UN must stop war rape in Libya

Mar 30, 2011

ON March 17, the UN Security Council passed Resolution 1973 (001) on Libya that demanded the "immediate establishment of a cease-fire and an end to violence and all attacks, and abuses of civilians.

By Dora Byamukama

ON March 17, the UN Security Council passed Resolution 1973 (001) on Libya that demanded the "immediate establishment of a cease-fire and an end to violence and all attacks, and abuses of civilians.

This resolution authorised member states to take all necessary measures to protect civilians and civilian populated areas, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyan territory.

Since this adoption of the UN Resolution, events have unfolded very fast. The launching of aerial attacks on Libya by France, UK, Canada, US and Denmark raised more questions than answers. Discussion on this intervention and the precedence it has created is a subject that will be discussed for some time to come.

My simple deduction is that this dramatic and chilling intervention so far lacks clarity, certainty and consistency. Lack of clarity on what the intervention intends to achieve, lack of certainty of how it will be concluded; and lack of consistency on whether similar situations the world over will be treated in a similar manner. In my view, involvement of the African Union and the Arab league as key players to initiate a peaceful resolution of the conflict would address most of the concerns raised. Amidst the ensuing fight in Libya, one particular war crime against humanity – rape as a weapon of war remains alive. It was reported that-

“As Libya's opposition fighters push west, doctors are uncovering more victims from the front line. Several doctors say they have found Viagra tablets and condoms in the pockets of dead fighters, alleging that they were using rape as a weapon of war. They say they have been treating female rape survivors…”

War rapes are committed by soldiers, other combatants or civilians during armed conflict or during military occupation. It is noted that during war and armed conflict, rape is frequently used as means of psychological warfare in order to humiliate the enemy and undermine their morale.

War rape has until recently been a hidden element of war based on a notion “to the victor go the spoils”. This has been a war cry for centuries, and women unfortunately classed as part of the spoils of war. War rape has also been down played as an unfortunate but inevitable side effect of sending men to war, as tangible reward to soldiers, and as a soldier proof of masculinity and success.

War rape has a severe impact on mainly women victims, a recent study lists physical injury to the victims of war rape as traumatic injuries, sexually transmitted diseases or venereal disease, HIV/AIDS and pregnancy. Lack of access to medical services worsens the negative effects. Short term psychological injuries include fear, helplessness and desperation. Long-term psychological injuries may include depression, anxiety disorders and difficulty in re-establishing intimate relationships. Others are shame, and persistent fears.

It is noted that it is probably more dangerous to be a woman than a soldier in armed conflict. Rape has been a dishonorable camp follower for as long as armies have marched into battle. For a long time there was a culture of impunity surrounding sexual violence in conflict zones that allowed rapists to walk away without fear of punishment. This position was partially perpetuated by the fact that women fear retaliation and social stigma that reporting rape can bring.

In the 20th Century, perceptions of rape in war moved from an act that was viewed as inevitable when men are deprived of female companionships for prolonged periods to an actual tactic in conflict.

In 2008 the UN passed Resolution 1820 which notes that “women and girls are particularly targeted by the use of sexual violence, including as a tactic of war to humiliate, dominate, instill fear in, disperse and /or forcibly relocate civilian members of a community or ethnic group.” Resolution 1820 demands the “immediate and complete cessation by all parties to armed conflict of all acts of sexual violence against civilians.”

By noting that “rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide,” the Resolution struck a blow at the culture of impunity that surrounds sexual violence in conflict zones and allows rapists to walk without fear of punishment.

The resolution stresses the need for “the exclusion of sexual violence crimes from amnesty provisions in the context of conflict resolution processes,” and calls upon member states to comply with their obligations to prosecute those responsible for such crimes; it emphasises “the importance of ending impunity for such acts.”

The lasting psychological harm that rape inflicts on its victims has also been recognised-“rape is always torture; rape is a kind of slow murder.”

Ultimately, however, the effectiveness of UN Resolution 1820 (2008) in reducing sexual violence and bringing its perpetrators to book will have to be gauged in many places where it is taking place such as the Democratic Republic of Congo, Darfur, Ivory Coast and now Libya.

The UNs’ intervention must of necessity offer special protection to women in Libya in order to ensure that the war rape is urgently curtailed.

The story of Eman Al Obeidy, a Libyan woman who said she was raped by 15 men is an indicator that there could be many such other untold stories. She is currently said to have gone missing, her mother says Eman was told to change her story. What a shame !

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