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«Dissertation zur Erlangung des Doktorgrades der Juristischen Fakultät der Universität Regensburg vorgelegt von Kathrin Greve Erstberichterstatter: ...»

-- [ Page 102 ] --

Women’s Rights Unit, Sexual Violence and armed conflict, p. 2; Bonnet, Viol, p. 24; Charlesworth, Feminist Methods, p. 390-391.

After rapes committed by Turkish troops in Cyprus in 1974, marriages or engagements were dissolved with the Greek Orthodox Church’s blessing, see Cyprus v. Turkey (European Commission on Human Rights Report), Nr. 6780/74, 6950/75, 10 July 976, in: 4 European Human Rights Reports (1982), p. 482-561, 536-537, paras.

358-374 and Roussou, War in Cyprus, p. 34-35. For similar incidents see Women’s Rights Unit, Sexual Violence and armed conflict, p. 2; Bonnet, Viol, p. 26; Gardam, Jarvis, Women, Armed Conflict and International Law, p.

39; Gutman, Witness to Genocide, p. 76; Hatzfeld, Dans le nu de la vie, p. 144; Niarchos, Women, War, and Rape, p. 667; Sharratt, Foca Indictment, p. 80.

Chinkin, Rape, p. 330.

Brownmiller, Against Our Will, p. 83; Drießen, Vergewaltigung und sexuelle Nötigung, p. 417; Herman, Trauma and Recovery, p. 67, 115-116; Human Rights Watch/Nowrojee, Shattered Lives, p. 25; Sharratt, Foca Indictment, p. 80.

McDougall, Final Report, 22 June 1998, UN Doc. E/CN.4/Sub.2/1998/13, para. 18; Brownmiller, Against Our Will, p. 83; Sharratt, Foca Indictment, p. 80.

Ugre"i!, The Culture of Lies, p. 121-122.

European Community Investigative Mission into the Treatment of Muslim Women in the Former Yugoslavia, Warburton Report, Copenhagen, 28 January 1993, see www.womenaid.org/press/info/humanrights/warburton.htm (16 February 2005).

Report on the situation of human rights in the territory of the former Yugoslavia submitted by Mr. Tadeusz Mazowiecki, Special Rapporteur of the Commission on Human Rights, pursuant to Commission resolution 1992/S-1/1 of 14 August 1992, 10 February 1993, UN Doc. E/CN.4/1993/50, paras. 82-89, 85; Commission on Human Rights, Situation of human rights in the territory of the former Yugoslavia, 34th meeting, 23 February 1993, 1993/7, para. 10; Commission on Human Rights, Rape and abuse of women in the territory of the former Yugoslavia, 34th meeting, 23 February 1993, 1993/8, para. 2; Rape and abuse of women in the territory of the former Yugoslavia, Report of the Secretary-General, 30 June 1993, UN Doc. E/CN.4/1994/5; Final report, ansexual violence and ethnically motivated deportations were often closely connected.

Women’s groups from Croatia, Serbia, and Bosnia-Herzegovina were decisive in documenting the crimes perpetrated against women and in alerting public opinion.3163 The international community was not only shocked by the incredibly high number of sexual assaults and rapes it is estimated that 20,000 Muslim women alone have been raped3164 -, but also by the systematic creation of rape camps and the sexual enslavement of women and girls, forced pregnancies and forced births.3165 Gang rapes were committed by several men at a time, who raped one woman vaginally, anally, and orally.3166 Women were also raped with objects like broken bottles or guns and further humiliated by being forced to urinate onto the Koran, dance naked, or sing Serbian songs;3167 they were beaten, their hair was set on fire, and the rapists extinguished cigarettes on their bodies.3168 Many of the women were killed after the rapes or have disappeared.3169 Rapes were also often committed by persons the victim knew3170 or in the presence of the husband or family of the victim. Human Rights Watch has documented a case where a 14year-old boy was forced by Serb soldiers to rape his mother.3171 Many of the perpetrators told nex II: Rape and Sexual Assault: A Legal Study, UN Doc. S/1994/674/Add.2 (Vol. I), 31 May 1995, paras. 488, 492, 497, 498; Mazowiecki Human Rights Report, 26 February 1993, UN Doc. A/48/92-S/2534, paras. 82-89, 260, 269 d, and Annex II: Report of the team of experts on their mission to investigate allegations of rape in the territory of the former Yugoslavia from 12 to 23 January 1993, paras. 1-75.

See Amnesty International, Bosnia, p. 3; Human Rights Watch/Nizich, War Crimes, p. 242-253; Women Living Under Muslim Laws (eds.), Compilation of Informations on Crimes of War against Women in exYugoslavia: actions and initiatives in their defence, December 1992.

I.e. Center for Women War Victims, Zagreb; Center for the Registration of War Crimes and Genocide, Zenica; Women Helping Women, Belgrade and. Women’s Peace Initiative of Serbian Women in Germany, Bielefeld: „Partial Documentation of Rape in the Yugoslavian Civil War“; Kerata Feminist Group, Zagreb; Zene BiH (Bosnia-Herzegovina Refugee Women’s Group), Women in Black, Belgrade; Zagreb Women’s Lobby, see Copelon, Surfacing Gender, p. 208; Duha!ek, Gender perspectives, p. 120; Enloe, Morning After, p. 60;

Gardam, Jarvis, Women, Armed Conflict and International Law, p. 157; MacKinnon, Turning Rape into Pornography, p. 74; Mladjenovi", Litri!in, Belgrade Feminists 1992, p. 115; Salzman, Rape Camps, p. 86; Stiglmayer, Rapes, p. 142, Fn 49; Zarkov, Female Body and the Production of Ethnicity, p. 378.

Morris, Scharf, Yugoslavia, vol. 1, p. 22, 64.

Gardam, Jarvis, Women, Armed Conflict and International Law, p. 149; MacKinnon, Rape, p. 187; Morris, Scharf, Yugoslavia, vol. 1, p. 65; Sharratt, Interview with Gabrielle Kirk McDonald, p. 32.

Stiglmayer, Vergewaltigungen, p. 152.

Ibid., p. 153.

Ibid., p. 189.

Ibid., p. 199-200.

See the testimony of Suada Ramic who stated having been raped by a former colleague, Prosecutor v. Dusko Tadic, Opinion and Judgment, Trial Chamber II, IT-94-1-T, 7 May 1997, para. 470, or the testimony of Witness FWS-183, who had known Dragoljub Kunarac’s father before the war, Prosecutor v. Dragoljub Kunarac and others, Judgment of 22 February 2001, IT-96-23-T & IT-96-23/1-T, para. 708. See also Mazowiecki Human Rights Report, 26 February 1993, UN Doc. A/48/92-S/25341, Annex II: Report of the team of experts on their mission to investigate allegations of rape in the territory of the former Yugoslavia from 12 to 23 January 1993, para. 24; Amnesty International, Bosnia, p. 5-6, Chinkin, Protection, p. 457; Gutman, Witness to Genocide, p.





75-76; Stiglmayer, Vergewaltigungen, p. 136, 137, 155, 174, 187; Zaccaria, Noi, criminali di guerra, p. 51-52.

Human Rights Watch/Nizich, War Crimes, p. 217.

the women they raped that they would now become pregnant;3172 many women were detained in one of the rape camps and raped until they were pregnant and it was too late for an abortion.3173 Numerous rape survivors suffer from symptoms of trauma3174 and sometimes even of psychosis;3175 they have often been considered dishonoured and were isolated or ostracized by their fathers or husbands; in some cases, rape survivors were killed by their husbands after they had heard of the rape; in other cases, women committed suicide.3176 In the case of the wars in the former Yugoslavia, rapes were perceived as the expression of hate of the women’s ethnic group, but also as misogyny, at a relatively early stage, while fighting was still ongoing.3177 All parties to the conflict used sexual violence as a weapon of war; but most of the victims, according to corresponding reports of different organisations, were Muslim women from Bosnia-Herzegovina, and most of the perpetrators were Bosnian Serbs.3178 A strategy of rape as a tool of genocide of Bosnian Muslims was employed by Bosnian Serbs and is distinct from the sexual violence committed by Bosnian Muslims and Croats.3179 b. Sexual violence in Rwanda

« Voici les 10 commandements:

1. Tout Muhutu 3180 doit savoir que Umututsikazi où qu’elle soit travaille à la solde de son ethnie tutsi. Par conséquent, est traître tout Muhutu qui épouse une Mututsikazi, qui fait d’une Umututsikazi sa concubine, qui fait d’une Umututsikazi sa secrétaire ou sa protégée.

2. Tout Muhutu doit savoir que nos filles Bahutukazi sont plus dignes et plus consciencieuses dans leur rôle de femme, d’épouse et de mère de famille. Ne sont-elles pas jolies, bonnes secrétaires et plus honnêtes!»

Les 10 commandements du Muhutu 3181 In Rwanda, from the beginning of the massacres, Tutsi and moderate Hutu women were one of the targets.3182 Sexual violence was committed systematically,3183 by Hutu militia as well Allen, Rape Warfare, p. 62, 65; Gardam, Jarvis, Women, Armed Conflict and International Law, p. 149;

Morris, Scharf, Yugoslavia, vol. 1, p. 65; Sells, The Bridge Betrayed, p. 22; Stiglmayer, Vergewaltigungen, p.

119, 135, 141, 152, 153, 170, 188.

Allen, Rape Warfare, p. 62, 65; Gardam, Jarvis, Women, Armed Conflict and International Law, p. 149;

Morris, Scharf, Yugoslavia, vol. 1, p. 65; Stiglmayer, Vergewaltigungen, p. 154, 170; Zaccaria, Noi, criminali di guerra, p. 52.

Folnegovi!-"malc, Psychiatrische Aspekte, p. 227; Zaccaria, Noi, criminali di guerra, p. 52.

Folnegovi!-"malc, Psychiatrische Aspekte, p. 229.

Dixon, Rape as a Crime, p. 705; Folnegovi!-"malc, Psychiatrische Aspekte, p. 226.

Copelon, Surfacing Gender, p. 206; Kesi!, Gender, p. 79; MacKinnon, Rape, p. 187-188; Niarchos, Women, War, and Rape, p. 658; Sharratt, Foca Indictment, p. 80; Voglmayr, In Reih und Glied, p. 30.

Mazowiecki Human Rights Report, 26 February 1993, UN Doc. A/48/92-S/25341, Annex II: Report of the team of experts on their mission to investigate allegations of rape in the territory of the former Yugoslavia from 12 to 23 January 1993, para. 59; Final Report, Annex Summaries and Conclusions, UN Doc. S/1994/674/Add.2 (Vol. I), 31 May 1995, para. 498; Morris, Scharf, Yugoslavia, vol. 1, p. 66-67.

Allen, Rape Warfare, p. 75; Stiglmayer, Vergewaltigungen, p. 111.

Muhutu: A Hutu man; (U)mututsi: Tutsi women; Bahutukazi: Hutu women.

Anonymus, Les 10 commandements du Muhutu, punlished in Kangura n° 6, Gisenyi, December 1990, p. 6-8;

printed in: Verdier, Decaux, Chrétien, Rwanda, Annexe 2, p. 259-260.

as by civilians, soldiers of the Rwandan National Army and the Presidential Guard.3184 Cabinet members, political and military leaders, as well as militia leaders directed and encouraged killings and sexual violence to achieve their goal, the elimination of the Tutsi group.3185 Rapes were also committed by RPF members, in some cases as retaliation against attacks on Tutsi.3186 The amount of rapes committed is beyond imagination.3187 On the basis of extrapolations by the Rwandan Office National de la Population, between 250,000 and 500,000 rapes are estimated to have been committed between April and July 1994, in less than 100 days.3188 In the preparation for the genocide, Tutsi women were portrayed as agents of the allegedly imminent RPF invasion. One example for this propaganda is the article “The 10 commandments of the Muhutu“, published in Kangura magazine in December 1990.3189 The “first commandment” declares that each Hutu man who marries a Tutsi woman, takes her as a lover or employs her as a secretary, is a traitor. The “second commandment” stresses that “our Hutu daughters” are “more dignified and conscientious in their role as woman, wife and mother”, for “are they not pretty, good secretaries, and more honest!”3190 Radio Télévision Libre des Mille Collines also broadcast propaganda, according to which Hutu and Tutsi were two distinct peoples, the Tutsi being foreign invaders striving for power and using “their” women to achieve that goal. Tutsi women were described as being more beautiful as Hutu women,3191 as very sexy and arrogant and looking down on Hutu men they allegedly considered to be ugly and inferior. This led to attacks and rapes of Tutsi women:3192 Most of the women interviewed Amnesty International, Rwanda, p. 2, 4-5; Layika, War Crimes, p. 38-39.

Amnesty International, Rwanda, p. 5; Bonnet, Viol, p. 17; Layika, War Crimes, p. 40.

Human Rights Watch/Nowrojee, Shattered Lives, p. 1, 40.

Ibid., p. 1.

Amnesty International, Rwanda, p. 4; Bonnet, Viol, p. 25; Newbury, Baldwin, Rwanda, p. 30.

Bonnet, Viol, p. 18.

Fourth Degni-Ségui Report on the situation of human rights in Rwanda, E/CN.4/1996/68, 29 January 1996, para. 16; Amnesty International, Rwanda, p. 5; Bonnet, Viol, p. 22; Flanders, Rwanda’s living casualties, p. 96;

Human Rights Watch/Nowrojee, Shattered Lives, p. 24; Kumar, Civil Wars, p. 11; Newbury, Baldwin, Rwanda, p. 31.

Anonymus, Les 10 commandements du Muhutu, published in Kangura n° 6, Gisenyi, December 1990, p. 6-8;

printed in: Verdier, Decaux, Chrétien, Rwanda, Annexe 2, p. 259-230.

Ibid.

Human Rights Watch/Des Forges, Leave None to tell the Story, p. 215; Human Rights Watch/Nowrojee, Shattered Lives, p. 15-16; Thomas, Levi, Common Abuses against Women, p. 161. See also Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hassan Ngeze, Trial Chamber I, Summary of Judgment, ICTR-99T, 3 December 2003, para. 31, p. 28-31.

Coomaraswamy, Annex Rwanda, 4 February 1998, UN Doc. E/CN.4/1998/54/Add.1, para. 19; Prosecutor v.

Jean-Paul Akayesu, Judgment, Trial Chamber I, 2 September 1998, ICTR-96-4-T, para. 732; Prosecutor v.

Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hassan Ngeze, Trial Chamber I, Summary of Judgment, ICTRT, 3 December 2003, para. 72; Flanders, Rwanda’s living casualties, p. 97; Hatzfeld, Une saison de machettes, p. 134, 263, 266-267; Human Rights Watch/Des Forges, Leave None to tell the Story, p. 215;

UNIFEM/Rehn, Johnson-Sirleaf, Women War Peace, p. 23.



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