International Law and Sexual Violence in Armed Conflicts

Front matter

International Humanitarian Law Series

International Law and Sexual Violence in Armed Conflicts

Chile Eboe-Osuji

Table of Contents

Acknowledgments Foreword Prologue Introduction

Chapter1 Aetiology of Evil in Armed Conflicts The Evil of War A General Review of Human Capacity for Evil in Armed Conflicts The Situational Theory of Evil Hanna Arendt Zygmunt Bauman, Stanley Milgram and Philip Zimbardo The Dispositional Theory of Evil Daniel Goldhagen C Fred Alford The Narcissistic Theory of Evil The Eclectic Theory of Evil Aetiology of Evil Viewed in the Context of the Law Intent as Limiting the Theories of Aetiology of Evil Uses in the Post-Conflict Quest for Justice and Reconciliation Human Capacity for the Evil of Sexual Violence in Armed Conflicts A Legislative Fact Amply Proved Aetiology of the High Frequency of Sexual Violence during Armed Conflicts The Theory of Inevitability of Sexual Violence during Armed Conflicts An Evolutionary Theory of Rape ‘The Theory of Opportunism of Sexual Violence during Armed Conflicts ‘The Theory of Deliberate Policy of Sexual Violence during Armed Conflicts Sexual Violence Traditionally Articulated as Policy Sexual Violence Not Often Articulated as Policy—Systematic Connivance or Condonation Conclusion xiii x Table of Contents

Chapter2 Superior Responsibility for the Rape of Women during Armed Conflicts Introduction The Law as It Should Be The Law as It Is The Requirement of Knowledge Routes around the Difficulties of the Lex Lata Joint Criminal Enterprise Much Ado About Joint Criminal Enterprise Ordering Planning and Instigating Aiding and Abetting Arguable Limits of Routes around the Difficulties of the Lex Lata Superior Responsibility and the Duty to Punish

Index

315 315 318 321

Acknowledgments

‘This is the culmination of a dream hatched many years ago. The journey started in 1997, while practising law as a barrister doing criminal defence work in Toronto. I received an unexpected telephone call from Ms Louise Arbour, then Chief Prosecutor of the International Criminal Tribunals for both Rwanda and the former Yugoslavia. She had called to invite me to work for her as a prosecution counsel at the ICTR. Her offer was a unique opportunity to join what was then a very small group of lawyers from around the world who were engaged in a new experiment in Arusha, Tanzania and The Hague, charting the new course of modern international criminal law practice. There were no modern precedents then upon which to rely, other than material from Nuremberg and the Far East dating more than 50 years earlier. I had no doubt that the new career path would present fascinating avenues to reflect upon the practical problems of international criminal law from the perspective of legal scholarship. Indeed, opportunities for such reflections were amply afforded in my functions as prosecution counsel in the Office of the Prosecutor of the ICTR and, later, as senior legal officer in the Chambers of the ICTR, as well as head legal officer in the Appeals Chamber of the ICTR. Opportunities to consolidate such reflections were afforded during a twoyear break from 2005 to 2007, when I returned to Canada and worked as counsel at the law firm of Borden Ladner Gervais LLP (‘BLG’) in Ottawa, during which I provided legal advice to some diplomatic missions whose countries had issues of interest to international criminal or humanitarian law. Perhaps, more importantly, I had the wonderful opportunity of teaching international criminal law as an adjunct professor of law at the University of Ottawa, Law Faculty. Unable to rid myself of the virus of international public service, I once more returned in 2007 to the practice of international criminal law, as senior prosecution appeals counsel at the Special Court for Sierra Leone.

Few journeys worth the while are ever undertaken successfully alone to the desired destination. The assistance to any successful mission comes in many forms—not always amenable to uniform measure of quantification, yet uniformly capable of appreciation as crucial in the achievement of purpose. In this connection, I must mention some persons to whom I owe much debt of gratitude. I remain ever conscious of the inevitable risk of omitting the mention of others who no less deserve such clear expressions of gratitude.

xiv Acknowledgments

I thank, first of all, my wife Shannon, who spared my life and marriage, while I spent what seemed like endless time to work on this project, in the face of the far more important task of raising our little children in need of parental attention. To our children, Ula, Chile Bis and Amara, who found it both inconvenient, yet adoringly forgivable, that daddy had to ‘work on his computer all the time’, rather than partake, as any half-decent father should do, in the far more wholesome endeavour of family fun time; never mind that daddy was mostly absent anyway, claiming to ‘serve the course of humanity’ in places thousands of miles away from home. I pray that they may continue to forgive in this way, even as they get older!

I thank David Scott QC at BLG, for his wonderful mentorship over the years. As his articling student many years ago (at Scott & Aylen, as BLG-Ottawa was then known), he encouraged in me the temerity to dream that no achievement as a barrister was too much to contemplate, provided that an adequate measure of dignity and humility, as are his trade-marks as one of Canada’s most distinguished advocates, was brought to bear. It is testament to these qualities of dignity and humility that David refuses to acknowledge that he had anything to do years later with that curious telephone call that I received from Ms Arbour in 1997 that launched my career in international criminal law. To Ms Arbour, I thank for an opportunity that was purely beyond the dreams that any young lawyer could dare to allow himself. I thank Dr Navi Pillay for her constant encouragement, in the early years and ever since, and for insisting that African lawyers have a place in the plane of authority to assist in the advancement of international criminal justice and the global human rights agenda.

I also thank my friends at BLG: they include George Hunter, Bruce Carr- Harris, Marc Jolicoeur, Marc Babinski, Kirsten Crain, Kevin Nearing, David Sheriff-Scott and Gar Knutson, for their support and encouragement during my sojourn at BLG. I also thank Frank Walwyn of Weir Foulds in Toronto, for his brotherly support. I owe much gratitude to Roger S Clark, Stephen Rapp, Bill Schabas, Catherine McKinnon, Binaifer Nowrojee, Roman Boed, IBK Babajide, Segun Jegede, Alhagi Marong, Charles Jalloh, Alex Obote Odora, Don Webster, Christine Graham and Fred Harhoff, for allowing me to test with them some of the theories and insights that I now feel brave enough to advance on these pages. A special gratitude goes to Professor Harmen van der Wilt of the University of Amsterdam for supervising the doctoral dissertation that formed the basis of this book.

ce-O

Arusha, April 2011

Foreword

‘The title of this book refers to sex crimes in a manner that is gender neutral, perhaps implicitly confirming a tendency of modern law to consider that ‘gender crimes’ may be committed by various permutations and combinations of offenders. But if there is any doubt in the title, the substance of the volume makes it abundantly clear that this is a book about victims who are women and perpetrators who are men. That, indeed, is the very unfortunate reality of such crimes in our modern world. It seems especially true in the context of armed conflict.

As Chile Eboe-Osuji convincingly demonstrates, women have been and have remained victims of these deliberate crimes from periods of great antiquity right to the present day. For instance, in a 2009 report released on 16 March 2010, the United States military reported a 16-percent increase in sexual assault complaints linked to its members (as victims or assailants) in war zones, primarily Iraq and Afghanistan. According to the report, 3,230 sexual assault complaints were filed with the United States military in 2009. And 87 per cent of these assaults involved female victims and male assailants.’ What is significant about this should not be the debate regarding whether the statistics indicate an increase in the incidence of sexual violence within the organisation concerned (the United States Defence Department insists this is not necessarily so) or simply the effects of deliberate measures instituted to encourage greater reporting of incidents of sexual assaults (the Defence Department says this is more likely the case). The report reminds us that rape and similar crimes committed by soldiers against vulnerable women, who are generally non-combatants, is hardly a monopoly of the ragtag, undisciplined militias of the conflicts in Sierra Leone, Rwanda and the Balkans.

Others have already mapped the history of sexual violence in armed conflict, from the rape of the Sabine women by the founders of ancient Rome to the brutal attacks on German women by Soviet soldiers as the Third Reich crumbled. It is a theme in literature, and even in modern cinema. One of the great films of the Vietnam war, Casualties of War, vividly depicts the rape, abduction and murder of a peasant woman by American forces. The filmmaker, Brian De Palma, returned to the same theme in Redacted, the story of a rogue unit in Iraq that won the Venice Festival’s Palme dor.

1 Elisabeth Bumiller, ‘Sex Assault Reports Rise in Military’, New York Times, 17 March 2010.

xvi William A Schabas

Often, this is treated as an ugly but unavoidable accompaniment of armed conflict. In the famous Yamashita case, Justice Murphy of the United States Supreme Court wrote: “War breeds atrocities. From the earliest conflicts of recorded history to the global struggles of modern times, inhumanities, lust and pillage have been the inevitable by-products of man’s resort to force and arms.” It is true, of course, that war breeds much more than the dignified confrontation of professional soldiers. War itself, as the judges at Nuremberg insisted, ‘is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole’. But that is hardly to excuse it. As the International Committee of the Red Cross constantly reminds it, even war has laws.

Eboe-Osuji’s contribution is not so much about documenting the phenomenon as it is about describing the very contemporary efforts to bring international criminal law to bear upon this scourge. The clear objective of these efforts is the reversal of a culture of impunity and condonation that is often cloaked by the view of these atrocities as ‘inevitable by-products’ of undesirable incidents dred by war. The pioneering work of the International Criminal Tribunal for Rwanda is described in this regard. So, too, are the efforts of the International Criminal Tribunal for the former Yugoslavia, the Special Court for Sierra Leone, the International Criminal Court, the Office of the High Commissioner for Human Rights, and the United Nations. But much, much more needs to be done, and in various ways.

When the international criminal tribunals first began prosecuting rape as a war crime, or as genocide or a crime against humanity, this was heralded as an important /ega/ development. It is true, of course, that the applicable texts and definitions became more sophisticated. But it is inaccurate to suggest that rape had not previously been a crime, even when committed in armed conflict. There is evidence of this from the earliest codifications, such as the detailed text prepared by Francis Leiber and adopted for the Union armies by President Lincoln. It proscribed all ‘wanton violence committed against persons in the invaded country’ including ‘all rape, wounding, maiming, or killing of such inhabitants’, adding that these crimes were ‘prohibited under the penalty of death’.

But as is the case with domestic criminal courts operating in peacetime, sexual crimes against women have often tended to elude justice. The prosecution of such crimes has been rendered difficult, at least historically, by archaic rules about evidence rooted in discriminatory stereotypes. At the domestic level, recent reforms have addressed many of these difficulties, often spurred by rulings of international human rights tribunals like the European Court of Human Rights or the United Nations Committee for the Elimination of Discrimination Against Women.

‘The international criminal tribunals, where Eboe-Osuji has spent much of his professional life, have highlighted and developed one particular aspect of this problem. The author’s lengthy practical experience and extensive scholarship in this area stand him well to offer with authority, as he has done in this book, some

2 Justice Murphy in Yamashita v Styer, quoted as epigraph to chapter 1 of the present book.

Foreword xvii of the more innovative legal and policy solutions to the enduring problem of sexual violence against women during armed conflicts. Some of the solutions that he offers are capable of immediate application, while others will, at least, inspire more discussions and debates in this extremely important area of international law. I highly commend this important contribution to a growing field of study.

William A Schabas Galway, May 2011

Prologue

Armed conflicts are the main domain of international criminal law. Sexual crimes against women are a scourge of armed conflicts.

‘The perennial problem of sexual crimes against women in armed conflicts strongly commands particular attention to the development of appropriate norms of international law—and appropriate review of existing ones—in such a deliberate manner as will assist in addressing the problem. The sole aim of the endeavour, of course, is to ensure that those responsible or complicit in sexual violations against women during armed conflicts are held accountable.

From virtually every international lawyer concerned with the problem—from the average judge sitting on the Bench of an international criminal court, to the average counsel appearing before them, to the average legal academic training future judges and counsel—there is no shortage of sympathy and good intentions. All would readily acknowledge the problem and profess a willingness to join in the quest for a solution. Yet, all too often, intellectual grooves hewn over a lifetime of professional thought habits are brought to bear, making it rather challenging to consider solutions that lie ‘outside the box’ of familiar methods. Occasionally, unspoken suspicion is raised as to whether those intellectual groves are always really free of the prejudicial dross that have influenced legal development over the years in ways that have generally contributed to law’s failure to protect women fully from sexual violence even in peacetime. It is notable in this regard that not too long ago, Wigmore’s venerable text on the law of evidence contained a legal endorsement of the Freudian theory suggesting that complaints of young women about sexual abuse tended to result from a projection of their own sexual fantasies." Consequently, it was recommended in Wigmore on Evidence that every sexual assault complainant should undergo psychiatric assessment, in order to rule out fantasy.’ This Wigmorian endorsement falls squarely within the realms of the jury

1 Sigmund Freud (rev Peter Gay), The Freud Reader [New York: W W Norton, 1989]

2 As it was there contented: “There is ... at least one situation in which chastity may have a direct connection with veracity, viz. when a woman or young girl testifies as complainant against a man charged with a sexual crime—rape, rape under age, seduction, assault. Modern psychiatrists have amply studied the behavior of errant young girls and women coming before the courts in all sorts of cases. Their psychic com-

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instructions from Sir Matthew Hale that guided the mindset of lawyers, judges and juries for very many years in the common law world; to the effect that rape is a crime easy to charge but difficult to defend, hence requiring the female complainant to be regarded with great caution.

The question thus arises as to the extent to which a lifetime of professional thought habit conditioned by such legal reasoning might have continued to influence the intellectual reflexes of those who control or dominate the play in the arena of the courtroom that produces jurisprudence that fails to go the possible length that it can go in the direction of full protection of women from sexual violence during wars.

Ultimately, however, the reasons for lack of fuller protection are really not as important as is the query whether more could be done by way of law reform to offer a fuller protection from sexual violence during armed conflicts.

‘The research query the object of this study thus becomes this: Is it possible to develop, through the courtrooms of international law, such further or enhanced norms of international criminal law as may assist in combating impunity for those who commit sexual violence against women in armed conflicts, thereby contributing to deterrence against such violations in future and, hence, better protection to women?

Having delineated the research objective, it may be useful next to consider briefly the reasons for that objective. In other words, why should we strive for law reform in hopes of norms that may contribute in deterring sexual violence against women during armed conflicts, thereby leading to better and fuller protection for women?

The reasons for the quest span a spectrum of rationales—from the highly sophisticated articulation (in terms of integrity and dignity of the victim) to the prosaically practical (in terms of the ideal of safety and the ordinary pursuit of a plexes are multifarious, distorted partly by inherent defects, partly by diseased derangements or abnormal instincts, partly by bad social environment, partly by temporary physiological or emotional conditions. One form taken by these complexes is that of contriving false charges of sexual offences by men. The unchaste (let us call it) mentality finds incidental but direct expression in the narration of imaginary sex incidents of which the narrator is the heroine or the victim. On the surface the narration is straightforward and convincing. The real victim, however, too often in such cases is the innocent man; for the respect and sympathy naturally felt by any tribunal for a wronged female helps to give easy credit to such a plausible tale. ... No judge should ever let a sex offense charge go to the jury unless the female complainant's social history and mental makeup have been examined and testified to by a qualified physician: John Wigmore (rev James Chadbourn), Evidence in Trials at Common Law [Boston: Little, Brown and Company, 1970] §942a at p 737. [Emphasis received.]

3 See Matthew Hale, Pleas of the Crown, or, a methodical summary of the principal matters relating to that subject, vol 1, [London: W. Shrewsbury, 1694] p 635. See also Lynn Hecht Schafran, “The Limits of Law Reform: What Really Happens in the

Courtroom, Shimon Shetreet, Women in Law (ed) [London: Kluwer International, 1998] pp 17-18.

livelihood that all deserve in society). The entire gamut is identifiable in the rationales offered for rape law reform in the remarks of Senator Joseph R Biden Jr (as he then was), introducing a 1993 US Senate Judiciary Committee report, appearing under the very erudite title of “The Response to Rape: Detours on the Road to Equal Justice.’ On that occasion, Senator Biden (the Committee Chairman) wrote as follows: “The knowledge that society and its criminal justice system offer no real protection has the potential to victimize all women, forcing them to remain in abusive family situations, or to circumscribe their activities, to accept limitations on how they conduct their lives, because of fear. The stakes are high. If we do not succeed, we risk the faith of over half our citizens in the ability—and the willingness—of our criminal justice system to protect them. And, what is worse, we condemn future generations to accept not only the possibility of violence but the reality of lives too often limited by the fear of violence.’

From those great heights of eloquence, the good senator brought down his message to this: “The purpose of this report is to help us recognize that violence against women is simply “violence.”5 This common sense conclusion is consistent with what another group of sexual violence law reform proponents have described as the need to protect women from a ‘very destructive set of acts against human beings.”

The same themes of freedom from fear, equal protection of the law, and safety from naked violence are equally reflected in the reasons offered in the report of a committee of the Parliamentary Assembly of the Council of Europe, as reasons for law reform efforts in Europe for increased protection of women against sexual violence. As they put it: ‘Violence against women, in particular sexual violence, is a serious violation both of women’s physical and psychological integrity and also of the right to freedom, safety and dignity enjoyed by all human beings.”

Although the foregoing rationales were offered in the context of sexual violence in the peacetime settings of the United States and Europe, the same rationales are equally applicable, with necessary variation, to the felt need of international law to offer greater protection to women against sexual violence during armed conflicts. In his report of 20 August 2009 to the Security Council, pursuant to Security Council resolution 1820 (2008) of 19 June 2008 on sexual violence against women during armed conflict, the UN Secretary General noted that sexual vio-

4 United States Senate, Judiciary Committee, The Response to Rape: Detours on the Road to Equal Justice One Hundred Third Congress [Washington: US GPO, 1993] p v.

< Ibid Jeanne Marsh, Alison Geist and Nathan Caplan, Rape and the Limits of Law Reform [Boston: Auburn House Publishing, 1982] p 5.

7 Parliamentary Assembly of the Council of Europe, ‘Rape of women, including marital rape, Report of the Committee on Equal Opportunities for Women and Men’ dated 14 September 2009, Doc No 12013, p 5, para 2.

lence is ‘deeply dehumanizing, inflicts intense mental and physical trauma, and is often accompanied by fear, shame and stigma.”

At the personal level of the victim, some of the details of these physical and psychological traumas might include sexually transmitted infections, such as HIV and other ailments.’ Other probable physical problems associated with sexual violence include pelvic, lumbar and abdominal pain; vaginal discharge; vaginal itching; menstrual abnormalities; urinary symptoms (including incontinence); reproductive abnormalities such as infertility, premature labour and/or delivery, and miscarriages.’ There are also special problems associated with pregnancy resulting from sexual violence. It has been observed in this regard that the management of pregnancy resulting from rape is always challenging in any society, even Western societies with advanced health care systems." The problem is more acute in economically challenged societies with traditionally higher maternal mortality rates and deaths per live births ratios.” The acuteness of the problem is more drastic in relation to sexually violated ‘young girls whose bodies are not mature enough for labour and delivery’, as well as ‘for women who have serious pelvic injuries and scarring from the physical damage often caused by gang rape” (as is often the manner of sexual violence inflicted upon women during armed conflicts"), as well as by genital mutilation that is known to have been inflicted upon the victims in some cases.”

Sexual violence takes a heavy psychological toll on women. Manifestations of the problem include ‘sadness, anger, fear, anxiety, shame and misery as a result of the sexual assault. In many instances, these emotions appeared to be augmented by pregnancy resulting from rape and by spousal abandonment following the sexual assault.”

Beyond the obvious debility represented by these physical and psychological traumas on their own merits, they also occasion heavy social encumbrances upon

8 United Nations, Report of the Secretary-General pursuant to Security Council resolution 1820 (2008) dated 20 August 2009, Doc No S/2009/362 (Reissued), para 4.

9 Harvard Humanitarian Initiative (with support from Oxfam of America), ‘Now, the World is Without Me: an Investigation of Sexual Violence in Eastern Democratic Republic of Congo’ dated April 2010, pp 42-43.

10 Ibid, p 41. u Ibid.

12 See ibid. g3 Ibid.

14 Ibid, p 2. See also, United Nations, Report of the Secretary-General pursuant to Security Council resolution 1820 (2008), swpra, paras 11, 14 and 16; and Libby Tata Arcel and Gorana Tocilj Simunkovic (eds), War Violence, Trauma and the Coping Process: Armed Conflict in Europe and the Survivor Response [Copenhagen: International Rehabilitation Council for Torture Victims, Denmark, 1998] p 195.

15 Harvard Humanitarian Initiative (with support from Oxfam of America), ‘Now, the

World is Without Me, supra, p 7. 16 Ibid, p 41.

the individual. In particular, these physical and psychological traumas have been known to impact negatively on the livelihoods of women in terms of their economic productivity and other social activities.”

It is further to be considered that sexual violence against women during armed conflicts presents the added dimension of other forms of cruelty beyond the violence itself. As noted in the UN Secretary General’s report, ‘In many instances, the sexual violence was particularly brutal both mentally and physically, and often accompanied by other heinous crimes.” Some of the violence accompanying sexual violence has been known to include murder of the woman's husband, children or other male relatives. The emotional distress can be overwhelming, as many of the raped women were forced to watch helplessly, as their loved ones were tortured and killed.”

Even in those cases where the husbands were not killed, spousal abandonment has been known to occur,” as the husband for whom the rape-surviving wife represented a constant reminder of his own inability to protect her.”

It is not unknown for the family home to be burnt down, as part of the criminal transaction accompanying the sexual violence during armed conflict; thus resulting in loss of the home and other personal valuables. ‘Link these material losses to the potential for lost income after rape-related injury or the potential loss of the male head of household, and the magnitude of the resource extraction is further amplified. In fact, some families never recover from the financial hardships that result from these attacks.”

Sexual violence against women during armed conflict also has a special negative effect on children. First on the order of victimization are those children who are raped on account of their gender. Other forms of victimisation of children include their tendency to ‘[experience] sexual violence secondhand by witnessing the rape of their mothers and/or other family members.” Another potent form

17 Ibid, p 44. See also International Women’s Tribune Centre, ‘United Nations Security Council Resolution 1820: a Preliminary Assessment of the Challenges and Opportunities’, September 2009, p 7.

18 United Nations, Report of the Secretary-General pursuant to Security Council resolution 1820 (2008), supra, para Io.

19 Harvard Humanitarian Initiative (with support from Oxfam of America), ‘Now, the

World is Without Me, supra, p 43. 20 Ibid.

21 Asreported by Jocelyn Kelly, a researcher with the Harvard Humanitarian Initiative, the men that have survived these attacks on their families are extremely traumatised themselves: “They say: ‘I can no longer look at my wife.’ And every time they see this woman, they see someone they were not able to protect. They feel like failures and the only way they can deal with it is to reject their wife and start over”: http://news. bbc.co.uk/2/hi/africa/8677637.stm.

22 Harvard Humanitarian Initiative (with support from Oxfam of America), ‘Now, the

World is Without Me, supra, p 43. 23 Ibid, p 45.

of victimisation of children through sexual violence is the social ostracism and rejection that the child born out of rape is made to endure in certain cultures by society, family or even mother—as the child is viewed, among other things, as belonging to the enemy, in some patriarchal societies.” Children also experience the effects of family disintegration when the mother suffers spousal abandonment as a consequence of the rape.” Finally, it goes without saying that the child suffers in circumstances where the mother (as the sole or main breadwinner) is reduced to a state of diminished productive capacity due to the physical or psychological effects of sexual violence.

Sexual violence against women during armed conflicts can have other palpable effects beyond the persons of the victim and her family members. These may include negative impact on ‘durable peace, security and reconciliation, including post-conflict peacebuilding”’® and development,” as well as significant exacerbation of the conflict.** This occurs particularly in terms of prolongation of ‘conflict by creating a cycle of attack and counter-attack, especially when it is perpetrated on discriminatory grounds of, inter alia, race and religion” or ethnicity. Also particularly troubling, as a by-product of a culture of sexual violence against women during armed conflicts, is a trend towards maladjustment of social mores, in virtue of which sexual violence is accepted as ‘normal’ within the particular society. In the Secretary-General’s report of 2009, this phenomenon was noted as follows: “When sexual violence is a feature of armed conflicts, there is often a corresponding increase in the incidence of rape and other forms of sexual violence among civilians.’3°

Although indicating a need for further study to investigate a causal connection, the Secretary-General noted that ‘all countries that are transitioning to peace from conflicts in which sexual violence was a defining feature indicate that rape and other forms of sexual violence are rife and major factors undermining early recovery and peacebuilding.’ Studies published subsequently appear to bear out this causal connection, as case studies in Colombia and the Democratic Republic

24 Ibid, p 5. See also Arne Johan Vetlesen, Evil and Human Agency: Understanding Collective Evildoing [Cambridge: Cambridge University Press, 2005] pp 201-202.

25 Harvard Humanitarian Initiative (with support from Oxfam of America), ‘Now, the

World is Without Me,’ supra, p 45.

26 United Nations, Security Council resolution 1820 (2008) dated 19 June 2008, Doc No S/Res/1820 (2008), p 2, 6th paragraph.

27 United Nations, Report of the Secretary-General pursuant to Security Council resolution 1820 (2008), supra, para 6.

28 United Nations, Security Council resolution 1820 (2008), supra, para 1.

29 United Nations, Report of the Secretary-General pursuant to Security Council resolution 1820 (2008), supra, para 7.

30 = Ibid. 31 Ibid, para 8.

32 Oxfam International, ‘Sexual Violence in Colombia: Instrument of War’ dated 9 September 2009, 2.