The CSS Blog Network

Justice and Accountability for War Related Sexual Violence in Sri Lanka

 

3398909481_8f7707d7bb_b

Courtesy Quinn Dombrowski / Flickr

This article was originally published by openDemocracy on 15 August 2016.

As the testimonies of survivors of sexual violence in Sri Lanka’s long war enter the public domain and the government designs transitional justice mechanisms, is an end to impunity in sight?

The Sri Lankan government is currently designing transitional justice mechanisms to address human rights abuses connected to the three decade long war which ended in May 2009. But a key question is whether victims of sexual violence and rape committed in the context of the war will come forward and use these mechanisms?

The silence around sexual violence has long posed a challenge to determining its nature, scale and magnitude in the context of Sri Lanka’s long war. On the one hand, this is due to the pervasive culture of shame, which deters women from speaking out. Twenty-five years ago, in Broken Palmyrah Rajini Thiranagama noted that the “loss of virginity in a young girl, even if against her will, meant that she could not aspire to marriage in our society and, if already married, there is a good chance that she will be abandoned”.

The view of rape victims as “spoilt goods” has always been one of the most significant causes of under-reporting. Survivors and their families are however silenced not only by the shame of rape, but also by fear. Fear of reprisal by perpetrators or of further violence from the very institutions meant to protect them. That too remains unchanged.

» More

Sexual Exploitation and Abuse by UN Peacekeepers: Zero Tolerance is a Political and Medical Responsibility

Nothing That Belongs to Us

Courtesy Dee Ashley/Flickr

In recent years, cases of alleged sexual exploitation and abuse (SEA) of vulnerable individuals by UN peacekeepers and police have been surfacing with alarming regularity. The extent of the crisis was revealed by Human Rights Watch, which documented that between December 2013 and June 2014 children residing near the M’Poko Internationally Displaced Person Camps in Bagui, Central African Republic (CAR), reported that they had been abused or had witnessed other children being abused by French Sangaris Forces, who used food or money as incentives. After demands that the UN investigate these allegations, an Independent Review on Sexual Exploitation and Abuse by International Peacekeeping Forces in the Central African Republic was established. Its report, published in December 2015, found that:

Some of the children described witnessing the rape of other child victims (who were not interviewed by the HRO [Human Rights Officer]); others indicated that it was known that they could approach certain Sangaris soldiers for food, but would be compelled to submit to sexual abuse in exchange. In several cases soldiers reportedly acknowledged or coordinated with each other, for example by bringing a child onto the base, past guards, where civilians were not authorized to be, or by calling out to children and instructing them to approach.

» More

The Moral Hazard of Inaction in War

4903877235_4abebd6c3f_b

Courtesy cea + / Flickr

This article was originally published by War on the Rocks on 19 August 2016.

When earlier this month the Obama administration released a newly declassified memorandum detailing the U.S. government’s policy on drone strikes, there was little new to be found. It mainly repeats the policies that were released in 2013, to include the vastly-more-than-what-the-law demands requirement of a “near certainty” that there would be zero civilian deaths in a given strike. What is glaringly missing is any formal appraisal of the civilian casualties likely to occur if a strike is not conducted.

Whatever political or even moral imperative there may be for the administration’s extralegal no-civilian-casualty drone policy, it is not the only ethical issue these strikes engage. After all, British philosopher John Stuart Mill observed in his 1859 essay that a “person may cause evil to others not only by his actions but by his inaction, and in either case he is justly accountable to them for the injury.”

A failure to formally include any evaluation of the consequences of not striking raises what I would call a “moral hazard.” Traditionally, “moral hazard” is an economics term defined as “the lack of any incentive to guard against a risk when you are protected against it (as by insurance).” However, as applied to drone operations (and other use-of-force situations), I would interpret it as decision-makers having a lack of any incentive to guard against the risk to civilians who might be killed if a targeted terrorist is not struck, because they are protected against the risk of criticism in the absence of a strike.

» More

The International Food Security Treaty (IFST): Problems and Prospects

9082310082_e4be6552e0_k

Courtesy Peter Roan/Flickr

This article was originally published as “On the Origin of a Hunger-Free Species By Means of Enforceable Natural Law” by the Harvard International Review (HIR) on 11 August 2016.

Had Charles Darwin been blessed with precognition while conjecturing about finch beak differentiation over millions of years, he would have envied us. We in the early twenty-first century — within a single lifetime — can observe homo sapiens evolving a transformative new trait with unprecedented strength through the international justice system.

Contrary to common perceptions of his work “On the Origin of Species by Means of Natural Selection,” Darwin’s view of evolution was not confined to physiology alone. In his later book, “The Descent of Man,” he entertained a broader view that included the ways in which more fortunate humans treat the less fortunate, contending, “The aid we feel impelled to give to the helpless is mainly an incidental result of the instinct of sympathy, which was originally acquired as part of the social instincts…”

It’s a safe bet, therefore, that Darwin would have taken great interest in the emergence of the International Food Security Treaty (IFST), an initiative of international law that could equip humanity to eradicate hunger, the world’s most widespread and severe form of suffering.

» More

Violence Wracks Ethiopia  – But Don’t Expect Anything to Change

Courtesy of US Navy/ Wikimedia Creative Commons

This article was originally published by War is Boring on 11 August 2016.

Violent protests have shaken Ethiopia in the last month. More than 50 people have died, most of them shot dead by security forces. In contrast to an earlier wave of demonstrations that claimed the lives of more than 400 protestors and security agents early this year, this time the protests weren’t limited to the Oromo federal state, but instead originated in the Amhara region.

The spread of the protests — and the accompanying violence — points to increasing dissatisfaction with the government among large segments of the population. Together, the Oromo and Amhara people, whose presence largely correlates with the eponymous federal states, account for more than 60 percent of Ethiopia’s population.

» More

Page 3 of 17