Challenging the Culture of Impunity for Sexual and Gender-Based Crimes

Abstract

INTRODUCTION In Greek mythology, the rape of Helen sparked the Trojan War. Sixteenth century theologian Francisco de Vitoria is said to have considered sacking a city, with the attendant horrors of rape to be permissible if it would act as a ‘spur to the courage of the troops.’ But such thinking ought not be easily forgivable. Just as atrocity crimes of sexual violence ought not be easily forgotten from the global consciousness. And yet the tragedy of our modern times is that these heinous crimes continue to be shrouded in a culture of silence and impunity. Sexual violence of a massive scale occurred in the infamous Foca rape camps of Republika Srpska, sexual and gender-based violence were an almost routine occurrence during the Rwandan genocide, and rapes also featured in the Khmer Rogue's TuolSleng prison. At the time of writing, numerous non-governmental organisations (NGOs) have documented horrific acts of sexual violence in conflict-zones around the world – in Iraq, the DR Congo, and Nigeria. The presence of these crimes perpetuates the narrative that sexual violence is an inevitable consequence; or worse, simply an unfortunate ‘side-effect’ of war. The lack of justice for victims, and the corresponding lack of accountability for perpetrators have emboldened those whose interests lie in waging and continuing wars. In the course of which, sexual and gender-based crimes, as well as the recruitment of child soldiers, and other crimes, with sexual and gender elements, have become the norm. But there is a competing narrative. One that says that rape and other forms of sexual violence are not inevitable; that they are not mere trophies to be won in a war. That sexual violence is an odious practice that must be exposed for what it really is: a heinous crime deserving of global condemnation and action. This article seeks to shed light on both narratives. With regard to the former, I discuss why a culture of impunity for sexual and gender-based crimes continues to exist at the national and international level. With regard to the latter, I argue for a criminal justice approach that focuses on the effective investigation and prosecution of sexual and gender-based crimes at the national and international levels.