On sanctions, sexual violence in conflict and torture
This month:
- International day to end sexual violence in conflict
- International day in support of victims of torture
- Caesar Act
- US sanctions against the International Criminal Court (ICC)
- Short other news
Conflict related sexual violence (CRSV)
On 19 June 2020 the UN Secretary-General expressed that: “On this International Day for the Elimination of Sexual Violence in Conflict, we stand in solidarity with survivors. We vow to listen to them and act on their experiences and decisions”. Combatting impunity for sexual violence is a central aspect of deterring and preventing such crimes. It is also a central element of providing redress for victims. This year, attention was paid to the impact COVID-19 might have for survivers of CRSV.
The term “conflict-related sexual violence” refers to rape, sexual slavery, forced prostitution, forced pregnancy, forced abortion, enforced sterilization, forced marriage and any other form of sexual violence of comparable gravity perpetrated against women, men, girls or boys that is directly or indirectly linked to a conflict. The term also encompasses trafficking in persons when committed in situations of conflict for the purpose of sexual violence or exploitation.
For further reading:
- conflict related sexual violence, report of the UN Secretary-General, 29 March 2019
- 14 agencies committed to ending sexual violence in conflict
- 11th Consolidated Annual Progress Report and Final Report on Activities Implemented under the UN Action against Sexual Violence in Conflict Multi-Partner Trust Fund
- Closing the protection gap for children born of war. Addressing stigmatisation and intergenerational impact of sexual violence in conflict
Relevant websites:
- Stop Rape Now: UN Action Against Sexual Violence in Conflict
- Special Representative of the Secretary-General on Sexual Violence in Conflict
- UN Team of Experts on the Rule of Law and Sexual Violence in Conflict
- Rape: Weapon of war
- Preventing Sexual Violence in Conflict Initiative (PSVI)
Victims of torture
On 26 June UN Secretary-General expressed that: “Torturers must never be allowed to get away with their crimes, and systems that enable torture should be dismantled or transformed”.
“[T]he term ‘torture’ means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” — Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1984, art. 1, para.1)
Torture is a crime under international law. According to all relevant instruments, it is absolutely prohibited and cannot be justified under any circumstances. This prohibition forms part of customary international law, which means that it is binding on every member of the international community, regardless of whether a State has ratified international treaties in which torture is expressly prohibited. The systematic or widespread practice of torture constitutes a crime against humanity.
For further reading:
- Universal Declaration of Human Rights
- Declaration on the protection of all persons from being subjected to torture and other cruel, inhuman or degrading treatment or punsihment
- The UN Voluntary Fund for Victims of Torture
- The Convention against Torture and Other Cruel, Inhuman, or degrading Treatment or punsihment
- The Committee against Torture
- The Special Rapporteur on Torture
Caesar Act
As from 17 June 2020 the US has begun implementing the so-called Caesar Act. It imposes sanctions on targeted entities and individuals within the Syrian regime or parties that cooperate or support it. As a result of the act, also indivuals and entities dealing with the Syrian regime will face consequences. The sanctions will probaly be increased as long as the Syrian regime targets its own people.
The act is named after a Syrian photographer who has made public some 55.000 pictures he took to report of some 28.000 tortured and killed individuals in Syrian detention facilities. The pictures have been investigated and Human Rights Watch reported on their findings in the 16 December 2015 report “If the dead could speak. Mass Deaths and Torture in Syria’s Detention Facilities”.
In December 2019 EU Foreign Ministers gave green light to start working on a European Magnitsky Act, named after the US framework to target individuals involved in human rights absuses, enabling to freeze their assets and to implement travel bans.
EU foreign ministers on Monday (9 December) cleared the way to start work on a European Magnitsky Act, names after the US sanctions framework addressing individuals responsibe for human rights abuses, enabling asset freeze and travel bans. Meanwhile EU sanctions are in place and tarhet some 255 individuals and 67 entities. It’s foreseen that these are to be extended in due time.
US sanctions against the ICC
As expected, the US has imposed sanctions and visa restrictions targetting the functioning and individual employees of the ICC. The sanctions entail that any individuals who “have directly engaged in any effort by the ICC to investigate, arrest, detain, or prosecute any United States personnel without the consent of the United States” or have attempted the same against a US ally without that country’s consent may be subject to sanctions.
The US seems worried about the authorized ICC investigations into alleged war crimes committed in Afghanistan and the investigation of potential crimes committed by Israel against the Palestinians.
” The European Union expresses grave concern about the announced measures and reconfirms its unwavering support for the International Criminal Court.Sanctions against those involved in the work of the ICC, its staff and their families as well as persons associated with the ICC are unacceptable and unprecedented in scope and content.
In leading the fight against impunity, the ICC must be able to work independently and impartially. The European Union remains committed to defending the Court from any outside interference aimed at obstructing the course of justice and undermining the international system of criminal justice. We urge the US to reverse its position.
At a time when the rules-based international order is facing increased pressure, the strengthening of the international criminal justice system is more important than ever. The European Union will continue to advocate for the universality of the Rome Statute and invite all States that have not yet done so to consider joining the ICC to end impunity for the most serious crimes”.
Other news
- United Kingdom: an independent British investigator looking into allegations of war crimes committed by U.K. soldiers between 2003 and 2009 has made clear that all but one of the thousands of complaints had been dropped. The Service Prosecuting Authority director has said that it’s “quite possible” that none of the original allegations would lead to a prosecution.
- Gambia: already in April 2020 the Truth, Reconciliation and Reparations Commission issued its interim report 2018-2019
- On 22 June 2020 the United Nations Huam Rights Council decided to establish an international Fact-Finding Mission to Libya (FFML) which designates experts to independently and impartially document alleged violations and abuses of international human rights law and international humanitarian law by all parties in Libya since the beginning of 2016. The FFML will also preserve evidence to ensure that perpetrators are held accountable.