Rape in Darfur

The human tragedy and targeted military strategy. An article by Katherine Pitt.

In March this year, the International Criminal Court issued an arrest warrant for Omar al-Bashir, the Sudanese President, for war crimes and crimes against humanity. He has been indicted for ordering attacks to murder, terrorise and forcibly transfer civilian populations in Darfur. Rape is one of the crimes of which he is accused of directing. Al-Bashir is the first sitting Head of State to face such charges [1]. Behind this unprecedented move lies a tragic conflict in Darfur and a re-conceptualisation of rape in conflict.

Darfur: the neglected province

Darfur is the western-most province of Sudan, bordering Libya, Chad and the Central African Republic. It is a war-ravaged region, in a nation that has for decades known little peace [2]. Darfur is an ethnic mosaic, with a shifting myriad of identities based on language, livelihood and appearance [3]. Mostly an arid plateau, its economy relies on low level agriculture and livestock rearing. Darfur’s infrastructure has been neglected by successive Sudanese governments. The little infrastructure that existed has been destroyed by recent fighting [4].

The current conflict ignited in 2003, following rebel attacks against military targets in the regional capital, El Fasher. Opposition groups were protesting about neglect of the ethnic African population by a predominantly Arab government [5]. The government responded by attacking armed opposition groups, namely the Sudanese Liberation Movement / Army (SLM/A) and the Justice and Equality Movement (JEM), along with civilian populations supposedly aligned with the rebels, particularly the Fur, Masalit and Zaghawa tribes. The violence was orchestrated by the Sudanese Armed Forces (SAF) and affiliated Janjaweed militia [6].

Mass destruction of villages and displacement

Rape has been a dominant feature of the conflict. Sexual violence is underreported due to stigma [10]. However, the United Nations and non-government organisations (NGOs) describe a horrifically high incidence [8]. Witness testimonies portray a consistent pattern. The assailants were identified as wearing military uniforms. Rapes were racially targeted, as demonstrated both by the configuration of attacks and the insults used [6]. The victims were both women and children. Gang rape and sexual slavery were common. Often, family and friends were forced to watch [7]. In the earlier phase of the conflict, rape was part of the tirade of violence on villages. In the later phase, attacks became more opportunistic, preying on women as they left refugee camps to forage [8].

Rape: an individual and collective tragedy

The consequences of rape for individuals are well understood. Serious injuries result from the associated violence. The most brutal cases cause a vaginal fistula and incontinence [10]. Victims are at particular risk of sexually transmitted infections (STIs), including HIV / Aids, because abrasions facilitate viral entry. STIs are prevalent in conflict, spread by sexual violence and population displacement [11]. Complications include pelvic inflammatory disease, infertility and death [10]. Rape may result in unwanted pregnancy; Darfuri women cannot access safe abortion facilities [13]. The psychological consequences of rape are no less severe, and may include depression, post-traumatic stress disorder, and suicidal intention [12]. In Darfur, many rape victims are children and female genital mutilation is the norm – both increase the risk of morbidity [13].

Thousands of settlements were attacked by the SAF and Janjaweed in a ‘scorched earth campaign’. Strikes were characterised by aerial bombing and dawn raids on villages, with murder, torture, burning of property and pillaging [3]. Aerial photographs demonstrated extensive destruction and abandonment of villages [7]. An estimated 400,000 are dead and a further 3.0 million displaced [8]. The majority have fled to refugee camps located around large Darfuri settlements and the Chad border [3]. The camps lack essential facilities and their inhabitants continue to be terrorised [8]. While coordinated fighting has diminished, an increasingly splintered array of militia continues to orchestrate attacks [9].

Rape is now acknowledged to be an assault to the integrity of communities. Women suffer anxiety born of the threat of attack. Men suffer the humiliation of being unable to protect women and children [8]. The social consequences are particularly profound in Darfur, which is patriarchal and predominantly Islamic [12]. Rather than killed, women are left ‘polluted’, unsuitable for marriage or rejected by their husbands. This ‘tainting’ of identity is reported to have reduced bride price. Average age of marriage has also fallen, with weddings hastened to avoid girls being devalued by rape [13]. Victims are ostracised by their family and community, which in Darfur leaves them physically and economically vulnerable [8]. Children born of rape are at risk of neglect at birth or stigma later in life [13].

Effective intervention is required to treat victims and re-build communities. Rape is a medical emergency, necessitating time-limited treatment. For example, contraception is required within 120 hours and HIV / AIDS prophylaxis within 72 hours. Psycho-social care is essential to limit the trauma to individuals and communities [10]. In Darfur, the majority of victims receive nothing, due to the scarcity of facilities and fear of disclosure [15].

Sudanese government: failure to protect

The Sudanese legal system has not provided justice. Rape victims seeking healthcare are obliged to inform the police. However, the authorities have been complicit in allowing the attacks, and harassment is common [7]. Rape is defined in association with the Shari’a crime of adultery. This allows higher standards of evidence to be required. A woman unable to prove lack of consent may be charged with adultery. Members of the authorities, including the SAF and Janjaweed (which is integrated into the Popular Defence Forces), are granted immunity from prosecution [8].

The Sudanese government has obstructed the work of NGOs providing aid to victims. Healthcare workers have been arrested for allegedly failing to comply with disclosure procedures and making false claims about the incidence of rape [13]. In 2005, when Médecins Sans Frontières spoke out against rape in Darfur, two of its staff were ceased [16]. In 2006, Sudan enacted into law the Organisation of Humanitarian and Voluntary Work Act which imposes severe restrictions on NGOs [17]. This year, al-Bashir responded to his arrest warrant by expelling 13 NGOs for allegedly conspiring with the International Criminal Court [18].

The Sudanese government is in violation of international human rights treaties. Sudan is party to the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention on the Right of the Child (CRC) [19] and the African Charter on Human and Peoples Rights (African Charter) [7]. These treaties guarantee the right to life and prohibit unlawful killings, torture and ill-treatment, even in a state of emergency. The African Charter has specific provisions protecting the health and human rights of women and girls. Furthermore, Sudan is obligated, in accordance with Common Article 3 of the Geneva Convention, to protect civilians in war [8].

Throughout history, rape has been a feature of conflict. Previously, it was regarded as part of the spoils of war, and a consequence of lawlessness and male isolation. This attitude has changed [19]. Now, rape is acknowledged to be a deliberate military strategy, aiming to humiliate, dominate, terrorise and forcibly displace populations. Rape may also constitute a form of ethnic cleansing, when used to ‘taint’ lines of descent [20]. This redefining of rape necessitates an extension of accountability, from the perpetrator to the authorities that orchestrate or allow it.

Rape as a weapon of war

International law now recognises rape as a weapon of war [7]. The Rome Statute of the International Criminal Court, which underpins international criminal law, states that rape may constitute a war crime when committed as ‘part of a plan or policy or as part of a large-scale commission of such crimes’. Rape may be regarded as a crime against humanity when committed as part of a ‘widespread or systematic attack directed against any civilian population, with knowledge of the attack.’ Rape may also form an element of genocide when ‘committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such’ [8]. In 2008, the United Nations Security Council passed Resolution 1820, which describes rape as a tactic of war [21]. The principles established in international law have been applied in criminal tribunals for the former Yugoslavia and Rwanda [23].

The International Criminal Court has concluded that the Sudanese authorities and Janjaweed militia used rape as a war tactic. Consensus opinion is that rape in Darfur constitutes a war crime and a crime against humanity [1]. However its status as genocide is debated. While the attacks are racially targeted, it is unclear whether the intent is ethnic cleansing or the suppression of civilian populations associated with rebel militias [22].

The Sudanese government has not signed the Rome Statute and does not recognise the legitimacy of the International Criminal Court [18]. Al-Bashir categorically denies the war crimes and crimes against humanity for which he has been charged, including directing mass rape [24].

Recognition without effective action

Rape in Darfur is both an individual tragedy and a war tactic used to destroy communities. While the former was well recognised, the latter has only recently been acknowledged in public opinion and international law. The resulting extension of accountability is reflected by the arrest warrant issued against al-Bashir. Tragically, this step has been futile, and at the expense of humanitarian aid to Darfur. Al-Bashir is unlikely to face trial in the near future [18]. The vast majority of those orchestrating and perpetrating rape in Darfur have not been held to account [8]. The expulsion of NGOs has worsened victims’ suffering [22]. The decline in coordinated violence offers some hope. However, a fundamental question remains – why, despite the world’s knowledge of mass rape in Darfur, have the victims received so little help?

_______________________

Kate is a second year Medical Student at UCL and member of UCL branch of the Friends of MSF (website: http://www.msf.org.uk/ucl.friend, email: uclmsf@googlemail.com).

Further information

• UCL is hosting a Darfur campaign week from 30 November, which will include a series of talks and events to raise awareness of the conflict. For further information, click here
• MSF Shattered Lives Campaign, click here
• Flint J. & De Waal A. Darfur: A new history of a long war. London: Zed Books Ltd; 2008.

References