Case prepared by Ms. Sophie Bobillier, Master student at the Faculty of Law of the University of Geneva, under the supervision of Professor Marco Sassòli and Ms. Yvette Issar, research assistant, both at the University of Geneva.
N.B. As per the disclaimer [1], neither the ICRC nor the authors can be identified with the opinions expressed in the Cases and Documents. Some cases even come to solutions that clearly violate IHL. They are nevertheless worthy of discussion, if only to raise a challenge to display more humanity in armed conflicts. Similarly, in some of the texts used in the case studies, the facts may not always be proven; nevertheless, they have been selected because they highlight interesting IHL issues and are thus published for didactic purposes.
[Source : A/67/792 – S/2013/149, "« Sexual violence: Report of the Secretary-General" », 14 March 2013, available online at [http://www.un.org/sexualviolenceinconflict/key-documents/reports/ [2]]]
[…]
5. The term “sexual violence” refers to rape, sexual slavery, forced prostitution, forced pregnancy, enforced sterilization and any other form of sexual violence of comparable gravity perpetrated against women, men or children with a direct or indirect (temporal, geographical or causal) link to a conflict. This link to conflict may be evident in the profile and motivations of the perpetrator, the profile of the victim, the climate of impunity or State collapse, any cross-border dimensions or violations of the terms of a ceasefire agreement.
6. […] [T]he present report highlight[s] several emerging concerns, including the perpetration of sexual violence against men and boys, the plight of children born as a result of rape and the practice of forced marriages by armed groups. Attention is also drawn to the nexus between sexual violence and the illicit extraction of natural resources, the displacement of civilian populations and the inadequacy of disarmament, demobilization and reintegration and security sector reform efforts.
[…]
9. In some countries, available information indicates that there is a correlation between spikes in incidents of sexual violence and military activity linked to the illegal extraction of natural resources. […] In Colombia, illegal armed groups have used sexual violence to forcibly displace populations from lucrative mining or agricultural zones and from areas of strategic importance for drug trafficking. Despite some efforts made by companies and Governments over the past 18 months to diminish armed groups’ ability to generate income from conflict minerals, policymakers and industry leaders must redouble their efforts to better monitor the illegal extraction process.
[…]
[…]
Colombia
24. Sexual violence continues to be perpetrated within the context of armed conflict in Colombia. In rural areas, women, particularly from Afro-Colombian and indigenous populations, indicated that sexual violence had been used by armed groups, including by the Fuerzas Armadas Revolucionarias de Colombia — Ejército del Pueblo and other illegal armed groups that have emerged since demobilization, to forcefully displace populations from lucrative mining or agricultural zones, or in corridors strategic for drug trafficking. The Government considers the illegal armed groups to be criminal gangs. Survivors and women’s groups have indicated that many of the victims of sexual violence are children and that acts of such violence include abductions, rape, sexual slavery and forced abortions. Civil society groups have also indicated that pregnancies and children resulting from rape are significant concerns for which there has been limited response.
25. In a newly observed dynamic, members of illegal armed groups have used sexual violence against relatives and other kin to exert control over their families and those of their subordinates in specific neighbourhoods. In some cases, women heading households were forced to hand over their daughters to the leaders of these illegal armed groups. As a result, women and girls have fled their neighbourhoods and cities seeking protection.
26. The systematic targeting of women leaders and activists and their families with sexual violence or threats of sexual violence by members of illegal armed groups that have emerged since demobilization is of concern. Although the Victims and Land Restitution Law (No. 1448), which came into force on 10 June 2011, provides for reparations to victims of sexual violence, it excludes those who were targeted by illegal armed groups that the Government does not consider to be parties to the conflict and to which most cases of sexual violence are attributed. Due consideration should be given to how this could be addressed through the law’s implementation.
27. There were reports of sexual violence against both females and males attributed to members of the military during the reporting period. In May, two boys were held and sexually assaulted at a military checkpoint in Meta. Afterwards, they were threatened and forced to sign a paper stating that they had been treated well. In July, a woman was repeatedly raped and threatened by members of the army, while in August a 13-year-old indigenous girl was sexually abused and photographed by four army soldiers who were later discharged from the army.
28. During the visit to Colombia conducted in May 2012 by my former Special Representative, the Vice-President of Colombia, Angelino Garzón, on behalf of the Government, committed to identifying strategies for strengthened technical cooperation between the Government and the United Nations to address sexual violence in conflict in the following three priority areas: fighting impunity; placing survivors at the centre of strategies and actions; and sharing knowledge on sexual violence and response initiatives. The Attorney-General reiterated his commitment to addressing impunity through investigations and prosecutions for sexual violence, but stressed that there were practical constraints, such as the enormous backlog of cases. In a meeting with military and police leaders, my Special Representative was informed that the security forces had adopted a zero-tolerance policy and codes of conduct to prevent human rights violations, including sexual violence, by its personnel.
29. On 12 September 2012, the President of Colombia presented a national policy for gender equality, which is expected to lead to the development of strategies on, inter alia, health, sexual and reproductive rights and the protection of girls and women who survive sexual violence.
30. The Ministry of Health has developed programmes to ensure access to health care and psychosocial support services for survivors. However, such access is difficult in conflict-affected rural areas, where most survivors of sexual violence are located. Other obstacles include a lack of awareness about order No. C-355 of 2006 of the Constitutional Court, which guarantees the right of survivors to access services for the voluntary interruption of pregnancies resulting from rape.
31. In its efforts to provide victims of sexual violence with access to justice and reparations, during the reporting period the Government presented several legislative initiatives, including an amendment to the Criminal Code. Other initiatives, such as the approval in June 2012 of a constitutional reform entitled “Legal framework for peace”, could lead to de facto amnesties benefiting alleged perpetrators of human rights violations, including members of the security forces.
32. Implementing the strong legal framework and enforcing compliance with codes of conduct and the zero-tolerance policy through the chains of command of the security forces remain key priorities in Colombia. The United Nations looks forward to further dialogue on the implementation of the proposed elements for strengthened technical cooperation. It is also essential for sexual violence concerns to be explicitly reflected in ongoing ceasefire and peace negotiations.
Links
[1] https://casebook.icrc.org/disclaimer-and-copyright
[2] http://www.un.org/sexualviolenceinconflict/key-documents/reports/
[3] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=BAA341028EBFF1E8C12563CD00519E66
[4] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=93F022B3010AA404C12563CD0051E738
[5] https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule90
[6] https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule91
[7] https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule93
[8] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=F9CBD575D47CA6C8C12563CD0051E783
[9] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=FFCB180D4E99CB26C12563CD0051BBD9
[10] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=5FB5CC7AD1C3AAF7C12563CD0051E08C
[11] https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule134
[12] https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule135
[13] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=B97B83DC12AC4998C12563CD00519F56
[14] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=A30C39F7F85D71CDC12563CD0051A5CF
[15] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=F0E25F9F56372523C12563CD0051AB8F
[16] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=8F7D6B2DEE119FBAC12563CD0051E0A2
[17] https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule110
[18] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=19B84A81B450AA6EC12563CD0051E826
[19] https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule150
[20] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=6EAD04662456DA32C12563CD0051D78D
[21] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=F461FC196C18A52DC12563CD0051E2AC
[22] https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule156
[23] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=8DE472A17F7E30AFC12563CD0051A2D6
[24] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=14F60F779A9C29F2C12563CD0051A8FF
[25] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=DD77A07DBDF8B9A2C12563CD0051B5EC
[26] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=F8D322BF3C0216B2C12563CD0051C654
[27] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=73D05A98B6CEB566C12563CD0051E1A0
[28] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=E4C44E2F1347B99D412566900046EACB
[29] https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule158
[30] https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule159
[31] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=3F6C2B8B20272F58C12563CD0051A2BB
[32] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=58854E245CB34B82C12563CD0051A8E4
[33] https://www.icrc.org/applic/ihl/ihl.nsf/ART/375-590155?OpenDocument
[34] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=6F96EE4C7D1E72CAC12563CD0051C63A
[35] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=074D7AE3436CF248C12563CD00519E38
[36] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=DDA40E6D88861483C12563CD0051E7F2
[37] https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule88
[38] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=BCB53BC974303D8EC12563CD0051E751
[39] https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=7439E453D5D867FEC12563CD0051D771