Rape by soldiers in conditions of armed conflict

Motion for a Resolution

presented by Mrs WÄRNERSSON and others

Doc. 7880

9 July 1997

 

 

History abounds with examples of the deliberate use of rape as a weapon in situations of armed conflict. During the second world war German soldiers raped Belgian women in order to terrorise the whole population. Between 1932 and the end of the second world war, the Japanese army forced some 200 000 women and girls into prostitution. These women and girls were mainly from Korea but also from China, Indonesia and the Philippines. Between 1992 and 1994 some 20 000 women in the former Yugoslavia were raped individually or in groups. There are also reports of men being raped. During the armed conflicts in Rwanda, Bangladesh, Peru, Haiti and in the Gulf war women and children were raped.

Rape carried out by soldiers in the course of an armed conflict is a grave war crime according to international civil law as laid down by the Fourth Geneva Convention from 1949 and as defined in the two supplementary protocols from 1977. International law contains a substantial body of material which can be applied to the systematic use of rape and of other forms of sexual abuse in the course of armed conflicts. Rape carried out in this manner is a grave crime against international humanitarian law, a clear crime against humanity, a crime against human rights and a first step in the execution of an act of genocide. The use of systematically organised rape as a weapon of warfare has been recognised as a war crime and as a crime against humanity.

The trials at Nuremberg and at Tokyo contained no charges of rape. The first cases of an investigation into accusations of the use of systematic rape were raised in the review of crimes in the former Yugoslavia and in Rwanda. The prosecution of the Bosnian Serb, Dusan Tadic, included the charge of rape. These charges were, however, withdrawn during the course of the trial, as the victims dared not witness against the accused.

The consequences of rape for women are devastating. The fact that the victims are afraid to witness is proof of the shame which they so unjustly bear. Several women have been shunned by their husbands, children born as a result of rape have been disowned and the tragedy knows no end.

Despite all the laws and conventions on the use of systematic rape there is a need for further decisions which can clarify and prevent future acts of violence.

The Assembly therefore

• declares that rape carried out by parties in an armed conflict should be recognised as torture in keeping with the terms laid down in the United Nations Convention against Torture and Other Forms of Cruel, Inhuman and Degrading Treatment or Punishment;
• recognises that torture in the form of rape carried out by parties in an armed conflict shall be considered grounds for asylum;
• acknowledges that rape as carried out by parties in an armed conflict is a grave war crime under the terms of the Geneva Convention and its supplementary protocols;
• declares that war crimes in the form of rape should be given the same treatment in the International Tribunal in The Hague as other grave war crimes;
• recognises the urgent need to ensure that information and support is provided to the women and men who are involved in war trials involving charges of rape.

Signed:

Wärnersson, Sweden, SOC

Berg, Norway, EDG

Bergqvist, Sweden, SOC

Calner, Sweden, SOC

Degn, Denmark, SOC

Elo, Finland, SOC

Err, Luxembourg, SOC

Fleetwood, Sweden, EDG

Johnston, United Kingdom, LDR

Zingeris, Lithuania, EDG