Documents by United Nations Bodies and Agencies

McDougal, Gay J., , Contemporary Forms of Slavery: Systematic rape, Sexual slavery and Slavery-like practices during Armed Conflict, Final Report submitted to the UN General Assembly, (UN Doc. E/CN.4/Sub.2/1998/13, 22 June 1998).

This report by the UN Special Rapporteur on Systemic Rape, Sexual Slavery and Slave-like Practices During Armed Conflict focuses primarily on the development of international criminal law as a fruitful area for effective action at the national and international levels to end the cycle of impunity for slavery, including sexual slavery, and for sexual violence, including rape. This report also advances policy and practical recommendations that may guide the investigation, prosecution and prevention of sexual slavery and sexual violence in armed conflicts. Included in this report are sections on the definitions of crimes, the legal framework for prosecuting sexual slavery and sexual violence under international law, holding individuals responsible, the right to an effective remedy and the duty to compensate, prosecutions at the national level, and also an appendix on the legal liability of the Government of Japan for "comfort women stations" during World War II.

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McDougal, Gay J., , Contemporary Forms of Slavery: Systematic rape, Sexual Slavery and Slavery-like Practices during Armed Conflict, Update to the Final Report submitted to the UN General Assembly, (E/CN.4/Sub.2/2000/21, 6 June 2000).

This document discusses developments that have taken place in the year following the 1998 final report of the UN Special Rapporteur on Systematic Rape, Sexual Slavery and Slavery-like Practices during Armed Conflict, including Internal Armed Conflict. The update focuses on steps that have been taken at the international and national levels to ensure that those who have committed acts of sexual violence during armed conflict are held responsible. In particular, the update examines developments in international criminal law reflected in the Rome Statute of the International Criminal Court (ICC), continuing efforts in the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR) to address sexual violence committed during the armed conflicts, the right to reparation of individuals who have suffered sexual violence during armed conflict, and developments in relation to the system of sexual slavery perpetrated by the Japanese Imperial Army during the Second World War (the Japanese "Comfort Women"). A list of recommendations is provided at the end of the report.

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Office for the High Commissioner for Human Rights, Fact Sheet No. 13, International Humanitarian Law and Human Rights, (Office for the High Commissioner for Human Rights, No date)

This fact sheet traces the evolution of international humanitarian law (IHL). It outlines the present-day scope and meaning of IHL both for combatants and for civilians caught up in armed conflicts.

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International Panel of Eminent Personalities (IPEP) to Investigate the 1994 Genocide in Rwanda and the Surrounding Events, Special Report: Rwanda: The Preventable Genocide, (Organization of African Unity, 7 July 2000), 12.44-12.46.

In 1998 the Organization of African Unity (OAU, now the African Union or AU) created this international panel and gave it the mandate "to investigate the 1994 genocide in Rwanda and the surrounding events in the Great Lakes Region... as part of efforts aimed at averting and preventing further wide-scale conflicts in the Region." The panel's 24-chapter report was made public 7 July 2000. Chapter 1 discusses genocide in the 20th century. Chapters 2-8 describe and analyze the key events from the late 1800s to 1994 that lead to the Rwandan genocide. Chapters 9-13 discuss what was known in the world about the situation in Rwanda; what could have been done to prevent the genocide; and the role and responsibility of the OAU, France, the United States, and the UN. Chapters 14-15 describe what happened during the genocide. Chapter 16 discusses the plight of women and children. Chapters 17-23 discuss the consequences of the genocide and the situation in Rwanda today. In Chapter 24 the panel makes recommendations. Of particular relevance to women's rights is Chapter 16. This chapter discusses the role of women in rebuilding Rwanda, the gender inequalities that exist in this country, the violence that was committed against women during the genocide, and initiatives to address the needs and interests of Rwandan women.

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Lawyers Committee for Human Rights, Prosecuting Genocide in Rwanda: A Lawyers Committee report on the ICTR and National Trials, July 1997

This paper describes and analyzes proceedings at the national and international level to prosecute those responsible for the genocide in Rwanda. It explores the relationship between international and national prosecutions and demonstrates that, without support from the international community, neither national nor international prosecutions will succeed. The paper shows how developments in the international tribunal's work can have a profound impact on prosecutions in Rwanda. An additional goal is to emphasize how the judicial process can affect human rights and the reconciliation process in Rwanda if trials in national courts are fair and there is a serious effort to ascribe guilt to individuals and not to a particular group. The paper also contains a series of recommendations.

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United Nations Security Council, Security Council Debate on Women, Peace and Security, October 2000

On October 24-25th, 2000 the Security Council held an open debate for the first time in its history dedicated to women's experiences in conflict and post-conflict situations and their contributions to peace. The debate was sponsored by Namibia, the country that held the Security Council presidency during October 2000. As a result of the debate, on October 31st the Security Council adopted Resolution 1325 urging Member States to ensure the protection of the rights of women and children during and after armed conflicts.

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United Nations Security Council, Security Council Resolution 1325 (2000) on Women and Peace and Security, adopted at its 4213th Meeting, October 31 2000

Following the October 2000 open debate held by the Security Council (SC) on women's experiences in conflict and post-conflict situations and their contribution to peace, the SC adopted Resolution 1325 (2000) urging Member States to ensure the protection of the rights of women and children during and after armed conflicts. Emphasis was placed on the need for special measures to protect women and girls from gender-based violence and on the importance of including women in all peacekeeping and peace-building initiatives.

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Ward, Jeanne, Marsh, Mendy, United Nations Population Fund, Sexual Violence against Women and Girls in War and Its Aftermath: Realities, Responses, and Required Resources, (2006)

This briefing paper was prepared for the Symposium on Sexual Violence in Conflict and Beyond that took place in Brussels, Belgium in June 2006. Part I discusses the nature and scope of sexual violence against women and children in situations of armed conflict. Part II describes international actions that have been taken to combat gender-based violence against women. Here, the authors advocate a multi-sectoral approach, which "calls for holistic inter-organizational and inter-agency efforts, across the health, social services, legal and security sectors". Part III assesses progress in this area, arguing that states and the international community as a whole have failed to prioritize violence against women as a major health and human rights issue. The report concludes by highlighting the importance of ending impunity for perpetrators of violence. [Descriptors: Armed Conflict, Violence Against Women, International]

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UN Division for the Advancement of Women, Sexual Violence and Armed Conflict: United Nations Response: Women 2000, United Nations Division for the Advancement of Women (1998)

This report considers the failure of the international community to address the issue of war-time sexual violence during the early years of the UN. Developments are traced to the early 1990s when the international community finally recognized that human rights violations committed against women during armed conflict, including sexual violence, violate fundamental principles of international human rights and humanitarian law. In the second part of this issue, the manner in which sexual violence during armed conflict emerged as an item of serious concern within the UN is examined. The role of women's NGOs in exerting pressure for change is highlighted, and the UN's response described. The concluding section examines how the issue may be advanced in the next century.

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International Committee of the Red Cross, Women and War: Special Report, (March, 2003)

This report provides an update to the far-reaching 2001 "Women Facing War" study published by the International Committee of the Red Cross (ICRC) [Also available in this section of the WHRR website.] The report outlines the ICRC's actions since 2001, and the organization's subsequent commitment to the identification of and response to both the general and specific needs of women affected by armed conflict.

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International Committee of the Red Cross, Women Facing War , (Geneva, ICRC Publications, 2001, 274 pages)

This study assesses the impact of armed conflict on the lives of women. It identifies the core needs of women during situations of armed conflict (such as physical safety, access to health care, adequate food and shelter) and explores the associated problems faced by women along with the coping mechanisms employed by women themselves and aid agencies/organizations. The study includes a thorough analysis of international humanitarian law and, to a lesser extent, human rights and refugee law, as a way of assessing the protection afforded to women through these bodies of law. Extracts and an executive summary of the study are available through the on-line version; the full study is only available for order through the ICRC Distribution Sector.

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UNIFEM, Women, Peace & Security: UNIFEM Supporting Implementation of Security Council Resolution 1325, October 2004, 43 Pages

This publication by UNIFEM was produced in response to Security Council Resolution 1325 (2000). The publication identifies that war has become highly gendered and, consequently, a measured response to addressing the concerns of women in conflict situations and the peacebuilding process is essential. UNIFEM's efforts to ensure that the international commitments made in Resolution 1325 are honoured are highlighted in this publication. Part I addresses information, early warning and conflict prevention. Next, the publication turns to humanitarian protection and assistance (Part II) and peacebuilding (Part III). Finally, Part IV addresses gender justice and post-conflict reconstruction and reconciliation.

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Office of the Special Advisor on Gender Issues and Advancement of Women, Women, Peace and Security, "At a Glance", (UN Department of Public Information, 2003)

This "At a Glance" report was published two years on from Resolution 1325 (2000) (Women, Peace and Security). The report provides a summary of the key elements of the study that received its mandate from the Security Council and was designed to identify the gender aspect of peace and security issues and to discuss the response of the UN system and the ongoing challenges it faces. The study was issued by the UN in October 2002. This report on the study covers the topics of: the impact of armed conflict on women and girls; the international legal framework; peace processes; peacekeeping operations; humanitarian operations; reconstruction and rehabilitation; and disarmament, demobilization and reintegration. The report concludes with the study's recommendations for concrete action to ensure greater attention to gender perspectives in all these areas of work.

Rehn, Elisabeth, Johnson Sirleaf, Ellen, Women, War & Peace: The Independent Expert's Assessment on the Impact of Armed Conflict on women and Women's Role in Peace-building, Progress of the World's Women, vol 1 (2002)

This report, commissioned by UNIFEM (the Women's Fund at the United Nations) was the outcome of a mission carried out by two independent experts who traveled to conflict areas in order to interview women and bring their concerns to the attention of the UN and the world. The report is divided into 10 chapters and contains an executive summary (31 pages) as well as a summary of recommendations by chapter. The report covers many areas of concern from the gender dimension of violence and displacement during armed conflict, the impact of health and HIV/AIDS in times of conflict, to the role of the media and peacekeepers and the need for women to play a central part during peace negotiations and reconstruction.

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Division for the Advancement of Women, Women2000 and Beyond: Sexual Violence and Armed Conflict: United Nations Response, (Publications of the Division for the Advancement of Women, April 1998)

This issue of Women2000 and Beyond examines the steps taken by the UN to address the position of women in situations of armed conflict since World War II. Following the introduction (Part I), Part II examines the nature of sexual violence during armed conflict and how the UN addressed - or failed to address - wartime sexual violence during its early years. Part III discusses the activity of the 1990s from the Persian Gulf War and the creation of the UN Compensation Commission through the conflicts in the former Yugoslavia and Rwanda and their respective tribunals. Part III also discusses the 1993 Vienna Conference on human rights, the Declaration on the Elimination of Violence against Women, the various reports of the Special Rapporteur and the Fourth World Conference on Women. The report concludes with a series of recommendations and explores how the issue of sexual violence in armed conflict can be advanced in the 21st century.

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Government Bodies

Status of Women Canada, Beijing +10: Fact Sheets - Women & Armed Conflict, (No Date)

This fact sheet notes that the Beijing Platform for Action identified the effects of armed or other kinds of conflict on women, including those living under foreign occupation, as one of the twelve areas of critical concern. It then sets out the issue of women's involvement in the peace building process and the various effects of conflict on women along with some vital statistics from the Canadian immigration and refugee board. The fact sheet also outlines the steps that Canada has taken, and is taking, at the federal and international levels to promote women's involvement in peace building efforts and protect women in situations of armed conflict. [Descriptors: Armed Conflict, Canada]

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Foreign Affairs Canada, Government of Canada Response to request for information by UN Secretary-General concerning full implementation of Security Council Resolution 1325 on women, peace and security, (July 2004)

This document outlines the steps taken by Canada to implement Security Council Resolution 1325 (2000) on women, peace and security. It is organized according to the thematic areas and operative paragraphs of Resolution 1325 and outlines the nature of the work carried out by the Government of Canada. Areas addressed include: the representation of women in decision-making; achieving a gender balance in peacekeeping and peace support operations; training on gender issues of military and civilian personnel; adopting a gender perspective when negotiating and implementing peace agreements; voluntary financial, technical and logistical support for gender-sensitive training; efforts to end impunity at the national/international levels; incorporation of gender perspectives in planning for disarmament, demobilization and reintegration; any additional activities/actions undertaken by Canada to implement Resolution 1325; and, future challenges for advancing gender mainstreaming and the women, peace and security agenda. [Descriptors: Armed Conflict, Canada]

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Oosterveld, Valerie, L, Status of Women Canada, Integrating Gender into the International Criminal Court: Putting Theory into Practice, (No Date)

This short article first outlines the process that lead to the entry into force of the Rome Statute of the International Criminal Court (ICC) on July 1, 2002. The document then discusses the range of crimes, the issue of victim and witness protection, the staffing on the Court and the selection of judges, along with the importance for Canada of fashioning a permanent ICC Statute that reflects the full range of gender issues relevant to modern conflict and human rights abuses. [Descriptors: Armed Conflict, Canada]

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Information from Non-Governmental Organizations

Mazurana, Dyan E, McKay, Susan R, Essays on Human Rights and Democratic Development #8: Women and Peacebuilding, (International Centre for Human Rights and Democratic Development, 1999)

The authors introduce their essay with an overview of women's multiple roles in peacebuilding and the divergent ways peacebuilding is defined and envisioned. The authors use case-studies to illustrate each section. The first section investigates women's grassroots peace-building while the second section documents and analyzes local, national and international NGOs' peace-building policies and programmes. The final section records and analyzes peacebuilding policies and programmes within the many branches of the UN as well as regional organizations. The authors conclude with key lessons for effective peacebuilding and offer additional avenues for futher research into women's peacebuilding activities.

Martin, Sarah, Refugees International, Must Boys be Boys? Ending Sexual Exploitation & Abuse in UN Peacekeeping Missions, (2005)

This report discusses the sexual exploitation and abuse committed against women and girls by UN officers during peacekeeping missions. Criticizing the "boys will be boys" approach to sexual exploitation and abuse, this report calls for the political will and action necessary to support the implementation of zero tolerance policies. It begins by introducing the problem and situating gender-based violence in various UN peacekeeping missions. The report also describes how the hyper-masculine culture of UN peacekeeping missions and a tradition of silence encourage the "boys will be boys" attitude. The rest of the report focuses on solutions, strategies and recommendations made by Refugees International to change this approach. [Descriptors: Armed Conflict, Violence Against Women, International]

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Goldstein, Anne T, Recognizing Forced Impregnation as a War Crime Under International Law, (New York, Centre for Reproductive Law & Policy, 1993) 33 pages

This report seeks to provide governmental, international and nongovernmental organizations interested in bringing those responsible for committing crimes against women to justice, whether in the former Yugoslavia or elsewhere, with a conceptual and legal framework for understanding, analyzing, and documenting "forced impregnation" in war. The report argues that forced impregnation is a war crime under current international humanitarian law and that it should be explicitly named, recognized, and prosecuted as such. Forced impregnation is defined and then examined through its motives: as a means of maximizing the pain of rape, as a means of humiliating the victim and her family and relatives, as a means of genocide, and as a form of enslavement.

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Obando, Ana Elena, Women's Human Rights Net, The International Criminal Court: An Opportunity for Women, August, 2004

The inauguration of the International Criminal Court (ICC) is set to have a significant impact of the prosecution of gender-related crimes. This special issue discusses the importance and role of the ICC and the Court's first investigation into crimes committed in the Democratic Republic of Congo. The issue goes on to discuss the range of sexual and gender crimes under the jurisdiction of the ICC and reviews and summarizes the recent and relevant case-law pertaining to gender crimes. The need for gender-sensitive legal procedures and process is explored, and the key gains and potential pitfalls for the women's movement caused by the ICC are outlined. The special issue also contains a list of additional resources on the topic of the ICC, women and gender-crimes and links to other sites.

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Dubois, Rose-Marie, Nazef, Ferroudja, Rights & Democracy, Women's Rights in Conflict Situations: Bibliography (Update), (International Centre for Human Rights and Democratic Development, February 1999)

This bibliography is an update to the one produced by ICHRDD in May 1997 by Stephanie Grenier. It provides sources on the topic of women and conflict situations. It includes general documents as well as texts on topics such as women as participants, women as victims and women in the peace processes. The bibliography also includes some references to women as refugees. The updated bibliography covers the period from May 1997 to February 1999 and includes monographs, reports, articles and conference reports published by NGOs or international organizations in English, French and Spanish.It has been drawn mainly from the Documentation Centre of Canada's International Centre for Human Rights and Democratic Development (ICHRDD). It focuses on Africa, Asia, Central and Latin America.

Grenier, Stephanie, Rights & Democracy, Women's Rights in Situations of Conflict: Bibliography, (International Centre for Human Rights and Democratic Development, May 1997)

This bibliography provides sources on the topic of women and conflict situations. It includes general documents as well as texts on topics such as women as participants, women as victims and women in the peace processes. The bibliography also includes some references to women as refugees. The bibliography covers the period from 1990 to 1997 and includes monographs, reports, articles and conference reports published by NGOs or international organizations in English, French and Spanish. It has been drawn mainly from the Documentation Centre of Canada's International Centre for Human Rights and Democratic Development (ICHRDD). It focuses on Africa, Asia, Central and Latin America. An update to the bibliography covering the period May 1997 to February 1999 is available at http://www.ichrdd.ca/english/commdoc/publications/women/biblioFemmes2.html

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International Conventions and Declarations

Convention on the Prevention and Punishment of the Crime of Genocide, 78 U.N.T.S. 277

The "Genocide Convention" was adopted by the UN General Assembly on December 9, 1948 and entered into force January 12, 1951. The Convention establishes a definition for the crime of genocide and attributes direct and individual criminal responsibility to those who participate in its commission. Latterly, acts that directly target women (such as mass rape in Rwanda and Bosnia) have been considered by the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) to consitute part of a genocidal policy. This requires the requisite intent (mens rea) and an attempt to destroy in whole or in part a national, ethnic racial or religious group.

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International Criminal Court PrepCom Reports, (Various Dates)

"Prepcom" (Preparatory Commission) meetings are meetings where the final text of treaties and associated technical issues are negotiated and approved. During the negotiation of the Rome Statute of the International Criminal Court (ICC) PrepComm meetings were held to decide on the content of the ICC Statute. Further PrepComm's were also held following the Rome Conference to address rules of procedure and evidence, elements of crimes, composition, and technical issues. These documents provide important information on the drafting history of the Rome Statute. One example is the controversy surrounding the inclusion of "forced pregnancy" as a crime against humanity in the ICC Statute.[WHRR users should note the the International Criminal Court page of the Women's Caucus for Gender Justice website contains the Causcus' own reports of these PrepComm Meetings, action alerts and the drafts as proposed by the Women's Caucus.]

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Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, GA Res A/RES/54/263

The Optional Protocol to the Convention on the Rights of the Child (CRC) on the involvement of children in armed conflict was adopted by the UN General Assembly on May 25, 2000 and entered into force on February 12, 2002. The protocol recognizes the heavy burden armed conflict places on children. In particular, it condemns the recruitment of children for combat and calls on states to take all steps possible to bring an end to the practice.

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Rome Statute of the International Criminal Court, U.N. Doc. A/CONF.183/9*, 2187 U.N.T.S. 90

At the Rome Conference in July 1998, 160 nations voted to establish a permanent International Criminal Court (ICC) to try individuals for the most serious offences of global concern. The crimes under the jurisdiction of the ICC include genocide, war crimes and crimes against humanity. The Statute entered into force on July 1, 2002. The ICC Statute is important because it explicitly provides for the prosecution of gender crimes such as rape and sexual violence under the umbrella of "crimes against humanity." WHRR Users may also be interested in the ICC website more generally which includes other documents about the ICC and the website of the Women's Caucus for Gender Justice that is available through the "links" division of the Women and Armed Conflict section.

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Statute of the International Criminal Tribunal for Rwanda, (Adopted by S.C. Res. 955, U.N. Doc. S/RES/955 (1994), 33 I.L.M. 1598, 1600 (1994).)

The International Criminal Tribunal for Rwanda was established by the Security Council to prosecute persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda between 1 January 1994 and 31 December 1994. The Tribunal functions in accordance with the provisions of this Statute, which outlines its competence, jurisdiction, composition, etc. The Rules of Procedure and Evidence that should be read alongside the Statute, are the detailed rules adopted by the judges for conducting the pre-trial phase of the proceedings, trials and appeals, the admission of evidence, the protection of victims and witnesses, and other matters.

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Statute of the International Tribunal for the Former Yugoslavia, (Adopted 25 May 1993 by SC Res 827, as amended 19 May 2003 by SC Res 1481)

The International Criminal Tribunal for the former Yugoslavia (ICTY) was established by the Security Council to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991. The Tribunal functions in accordance with the provisions of this Statute, which outlines its competence, jurisdiction, composition, etc. The Rules of Procedure and Evidence that should be read alongside the Statute, are the detailed rules adopted by the judges for conducting the pre-trial phase of the proceedings, trials and appeals, the admission of evidence, the protection of victims and witnesses, and other matters.

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Statute of the Special Court for Sierra Leone, January 16, 2002

The Special Court for Sierra Leone (SCSL) was set up jointly by an Agreement between the Government of Sierra Leone and the United Nations. The SCSL is mandated to try those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since November 30, 1996. The Tribunal functions in accordance with the provisions of this Statute, which outlines its competence, jurisdiction, composition, etc. The Rules of Procedure and Evidence that should be read alongside the Statute, are the detailed rules adopted by the judges for conducting the pre-trial phase of the proceedings, trials and appeals, the admission of evidence, the protection of victims and witnesses, and other matters.

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Other

Kendall, Sara, Staggs, Michelle, UC Berkeley War Crimes Studies Center, Silencing Sexual Violence - Recent Developments in the CDF Case at the Special Court for Sierra Leone, June 28, 2005, 23 pages

This report addresses the body of evidence pertaining to sexual violence recently excluded by Trial Chamber I of the Special Court for Sierra Leone (SCSL) in the Civilian Defense Force (CDF) Case. Following a series of rulings by the Chamber, all considerations of serious allegations of systematic sexual violence on the part of one of the main parties to the Sierra Leone conflict have been excluded by the Special Court. Based on a court observer's notes, this report charts the history of the exclusion of sexual violence evidence in the trial of three members of the CDF. It explores how an initial oversight by the Prosecution led to the Trial Chamber's decision to exclude all testimony tainted by sexual violence. The report concludes that this decision undermines the Special Court's ability to effectively deal with sexual violence during the conflict, and prevents several witnesses from being able to tell their story.

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