Sudan: Darfur: Rape as a weapon of war: sexual violence and its consequences

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July 18, 2004

Sudan: Darfur: Rape as a weapon of war: sexual violence and its consequences

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(29) See Sudan: At the mercy of killers – destruction of villages in Darfur, Amnesty International, 2 July 2004 (AI index AFR 54/072/2004), http://web.amnesty.org/library/Index/ENGAFR540722004

(30) United Nations Inter-Agency Fact Finding and Rapid Assessment Mission. Kailek Town, South Darfur. 25 April 2004. page 4.

(31) See http://www.amnesty.org/ailib/intcam/femgen/fgm1.htm

(32) This has been described in detail in the case of Rwanda. See Amnesty International, Rwanda: "Marked for Death", Rape survivors living with HIV/Aids in Rwanda. AI Index 47/007/2004, April 2004

(33) Name used by the Janjawid and government forces to describe the armed insurgents; see page 29 below.

(34) For instance, fistula is more likely to happen to young women who give birth

(35) See "So does that mean I have rights?" Protecting the human rights of women and girls trafficked for forced prostitution in Kosovo, Amnesty International, 6 May 2004, AI Index EUR 70/010/2004.

(36) For instance in southern Sudan, Sierra Leone or northern Uganda

(37) The Nubas are a Sudanese ethnic group from the Nuba Mountains in central Sudan, who were virtually cut off from the rest of the country during the conflict between north and south Sudan. They have been victims of grave human rights violations by Sudanese government troops and allied militias. This reference to the Nubas is apparently used as a racial insult.

(38) The distinction between nomads and sedentary groups is sometimes fluid: for instance, parts of the Zaghawa, one of the main groups targeted in attacks by the Janjawid and the government, have a nomadic lifestyle.

(39) The term Arabs is used here to indicate people predominantly from nomadic groups, who identify themselves as Arabs and speak Arabic as first language. The term Africans is used here to indicate people from sedentary, mainly agricultural groups, such as the Fur, the Masalit and to some extent the Zaghawa. The distinction between Arabs and Africans is not always as clear cut. Moreover the conflict cannot be characterised simply in terms of Arabs against Africans.

(40) Chad-Sudan: Chad threatens to quit as Darfur mediator as border tension rises. IRIN, 18 June 2004

(41) A Hakama, Mariam Azreq Haroun, was among 15 people sentenced to death in October 2003 for an May 2002 attack on two villages which killed eight people. She was accused of inciting the attacks through her songs. The case is still under appeal. UA 319/03, AI Index: AFR 54/093/2003.

(42) Amnesty International opposes sentences which constitute cruel, inhuman and degrading punishments and the death penalty.

(43) [Convention on the Rights of the Child, G.A. res. 44/25, U.N. Doc. A/44/49 (1989), entered into force Sept. 2, 1990, article 34.]

(44) [CRC article 39]

(45) "forced pregnancy" means "the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy", as defined in article 7, paragraph 2 (f) of the Rome Statute.

(46) Article 7, paragraph 2 (e) of the Rome Statute defines torture as "the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused"

(47) [see United Nations Judgment Report, The Prosecutor v. Dusko Tadic, Case No. IT-94-1-T (1997). Released by the International Criminal Tribunal for the Former Yugoslavia, Office of the Prosecutor, e.g.-paras. 175, 377 and para. 729.]

(48) [Kelly D. Askin, Developments in International Criminal Law: Sexual Violence in Decisions and Indictments of the Yugoslavian and Rwandan Tribunals: Current Status, 93 AM. J. INT'L L. 97 at 105 (1999)]

(49) [United Nations Judgment Report, The Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T (1998). Released by the International Criminal Tribunal for Rwanda, Office of the Prosecutor at §7.7]