Conflict-Related Sexual Violence and the Accountability Gap in Africa’s Regional Human Rights Architecture

Author: Selamawit Tsegaye Lulseged
International Human Rights Professional

Introduction

Conflict-Related Sexual Violence (CRSV) remains one of the most serious yet under reported and prosecuted violations of international human rights and humanitarian law. The term “Conflict-Related Sexual Violence” refers to rape, sexual slavery, forced prostitution, forced pregnancy, forced abortion, enforced sterilisation, 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.  As one form of Sexual and Gender Based violence, (SGBV), CRSV is both a manifestation and a tool of gendered power imbalances. It’s frequently employed as a weapon during conflict/violence to assert control over populations, enforce ethnic cleansing, or punish perceived adversaries, with women and girls disproportionately impacted. It further constitutes grave breaches of the Geneva Conventions and can amount to a war crime, crime against humanity, or constituent element of genocide under international criminal law. The prohibition of rape and other forms of sexual violence during conflict is not only widely accepted as part of  Customary International Law, but it’s also considered a jus cogens norm – a peremptory norm from which no derogation is permitted (ICC, Prosecutor v. Bosco Ntaganda, 26 Jan 2017, para. 3).  

Read the rest of this entry »


Unconditional Amnesty for Boko Haram Violates African Human Rights Law

Oluwatosin-Senami-AdegunAuthor: Oluwatosin Senami Adegun
Master’s student, LLM Human Rights and Democratisation in Africa, Centre for Human Rights, University of Pretoria.

Boko Haram has attacked the north-east of Nigeria for 15 years killing over 350 000 persons, abducted about 276 Chibok girls, perpetuated rape, sexual slavery and other forms of sexual violence,  forced marriage, recruitment of child soldiers and disproportionate attacks on civilians which constitute violations of human rights and international humanitarian law as affirmed by the Amnesty International Report of 2015.

Despite these gross violations and the victims’ yearning for justice, the Federal Government of Nigeria (Nigeria) granted unconditional amnesty to some members of the terrorist group through its ‘de-radicalisation, rehabilitation and reintegration’ programme  without due consideration given to victims whose views and concerns were never considered.  

Read the rest of this entry »


Victimised twice: Wartime rape in South Sudan is a women’s rights violation

DuniaMekonnenTegegnAuthor: Dunia Mekonnen Tegegn
Human rights lawyer, Ethiopia

In December 2013, South Sudan was plunged into a massive scale of violence because of the outbreak of conflict between the Sudan Liberation Army and the Sudan People Liberation Movement. The fight took an ethnic turn as soldiers from the country’s largest groups, the Dinka, and Nuer, divided their loyalties to either President Kiir or his deposed vice, Mr Machar respectively. While some civilians were caught in the cross fire, others were deliberately targeted along ethnic lines. Women are the immediate victims of this conflict because of rampant sexual abuse perpetrated against them.

Read the rest of this entry »