scholarly journals Responsibility of Armed Groups for Sexual Violence Against Women During Internal Armed Conflicts: The Case of Iraq

2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Zainab Waheed Dahham
2014 ◽  
Vol 47 (1) ◽  
pp. 133-147 ◽  
Author(s):  
Andrew G Reiter

The use of amnesty for human rights violations has been heavily criticised on legal, ethical and political grounds. Yet amnesties have been the most popular transitional justice mechanisms over the past four decades, particularly in the context of internal armed conflict. States justify these amnesties by claiming they are important tools to secure peace. But how successful is amnesty in accomplishing these goals? This article seeks to answer this question by analysing the use and effectiveness of 236 amnesties used in internal armed conflicts worldwide since 1970. The article first creates a typology of the use of amnesty in the context of internal armed conflict. It then qualitatively examines the impact on peace of each type of amnesty. The article finds that most amnesties granted in the context of internal armed conflict have no demonstrable impact on peace and security. Yet amnesties granted as carrots to entice the surrender of armed actors occasionally succeed in bringing about the demobilisation of individual combatants or even entire armed groups. More importantly, amnesties extended as part of a peace process are effective in initiating negotiations, securing agreements, and building the foundation for long-lasting peace.


Author(s):  
Dubravka Zarkov

Recent scholarship conceptualizes sexual violence as an inherent part of war violence, but emphasizes its varying pattern across conflicts, armed groups, and small units. However, some cases of sexual violence in war have remained invisible within both feminist and mainstream academia and politics, while others have been overexposed. This imbalance has received more attention in feminist scholarship only since the millennium. The chapter analyses the debates on sexual violence in the post–Cold War global conflicts. It argues that the wartime rapes of women in the wars in the former Yugoslavia and, to some extent, Rwanda and the sexual violence against men at the Abu Ghraib prison during the second Iraq War have stimulated major shifts in feminist theorizing of sexual violence against women and men in war. It also discusses the repercussions of the most common conceptualization of sexual violence in war and reflects the theoretical challenges of the conceptualization of sexual violence against men.


Author(s):  
Philipp Wesche

Abstract∞ In internal armed conflicts, business actors often play an important role. Yet, their criminal responsibility is rarely addressed in transitional justice (TJ). This article presents a case study of the Colombian transition process with respect to the paramilitaries, which has resulted in hundreds of criminal investigations against business actors in the ordinary justice system. Nonetheless, the large majority continues in impunity. Based on qualitative interviews with public prosecutors, the article analyzes the main obstacles to holding them accountable, arguing that TJ processes should give more emphasis to the private-sector supporters of armed groups so as to prevent the recurrence of violence.


2006 ◽  
Vol 5 (1) ◽  
pp. 137-148 ◽  
Author(s):  
Estelle Zinsstag

This article aims to assess ways in which different justice schemes may operate together for an improved legal and political response to victims of sexual crimes in the aftermath of armed conflicts. The article will briefly present the problem of sexual violence against women in armed conflict. It will then consider the evolution of criminal justice in regard to this crime, the results of recent attempts to implement truth and reconciliation processes, as well as briefly assess reparation schemes. Finally it will suggest a series of measures for coordinating the various schemes of justice in a way that guarantees women's rights in the aftermath of a conflict.


2015 ◽  
Vol 59 (5) ◽  
pp. 877-898 ◽  
Author(s):  
Dara Kay Cohen ◽  
Ragnhild Nordås

Existing research maintains that governments delegate extreme, gratuitous, or excessively brutal violence to militias. However, analyzing all militias in armed conflicts from 1989 to 2009, we find that this argument does not account for the observed patterns of sexual violence, a form of violence that should be especially likely to be delegated by governments. Instead, we find that states commit sexual violence as a complement to—rather than a substitute for—violence perpetrated by militias. Rather than the logic of delegation, we argue that two characteristics of militia groups increase the probability of perpetrating sexual violence. First, we find that militias that have recruited children are associated with higher levels of sexual violence. This lends support to a socialization hypothesis, in which sexual violence may be used as a tool for building group cohesion. Second, we find that militias that were trained by states are associated with higher levels of sexual violence, which provides evidence for sexual violence as a “practice” of armed groups. These two complementary results suggest that militia-perpetrated sexual violence follows a different logic and is neither the result of delegation nor, perhaps, indiscipline.


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