Gender and new wars.
Chinkin, Christine ; Kaldor, Mary
War plays an important role in the construction of gender, or the
social roles of men and women. This article analyzes the gendered
experience of what Kaldor calls "new wars." It shows that new
wars are largely fought by men in the name of a political identity that
usually has a significant gender dimension. They use tactics that
involve deliberate attacks on civilians, including systematic rape as a
weapon of war, and are financed by predatory economic activities that
tend to affect women more than men. The article describes the ways in
which laws relating to gendered violence have been strengthened since
the 1990s, arguing that implementation has been very weak. The article
concludes that the construction of masculinity in new wars, in contrast
to the heroic warrior of "old wars," is much more
contradictory and insecure. On the one hand, extreme gender differences
can only be secured through continued violence; on the other hand, the
very contradictory and insecure character of masculinity offers a
potential for alternatives. By looking at new wars through a gender
lens, it is possible to identify policy options that might be more
likely to contribute to a sustained peace. These include support for
civil society, which tends to involve a preponderance of women,
implementation of law at local and international levels, and greater
participation of women in all aspects of peacemaking, including
peacekeeping and law enforcement.
**********
War is a predominantly male activity. It is fought largely by men,
and statistics suggest that young men of military age are most likely to
be killed in war, whether as combatants or as civilians. (1) This cannot
be explained in terms of the biological differences between men and
women. Women are capable of being effective soldiers; they can and do
join fighting forces, and women get killed in battle as well as in
attacks on civilians. Instead, the significance of the predominance of
men engaging in warfare lies in the way that gender is constructed in
war.
In referring to gender, we mean "a set of cultural
institutions and practices that constitute the norms and standards of
masculinity and femininity." (2) Although individual men and women
may not necessarily conform to these stereotypes, masculinity is largely
associated with physical strength, action, hardness, and aggression, in
contrast to the association between femininity and passivity, empathy,
caring, and emotion. In many spheres of life, such as those pertaining
to political and military leadership, traits associated with masculinity
are valued. (3) But in according greater value to the traits of
masculinity, the traits of femininity are correspondingly undervalued,
which may lead to discrimination and even gender-based violence against
those associated with feminine traits.
Many scholars have remarked that war enhances and extols the value
of traits associated with masculinity. (4) Indeed, as Steans has noted,
"militarists use the myth of war's manliness to define
soldierly behaviour and to reward soldiers." (5) Soldiers are
deemed "heroes," and this gives rise to the dichotomy between
the images of the "protector" (male) and the
"protected" (female). Such images are used to legitimize recourse to conflict, thus raising public acceptance of the violence of
conflict and of the necessity of subjecting primarily young men to
injury and death. These images also disguise both the multiple active
roles women play, and the actuality of gender-based violence during
conflict. The terms "protected" and "victim" used to
describe women imply weakness and subordination, which, in turn,
perpetuate women's lack of empowerment in peacetime situations and
mask the reality of women's experience of violence and insecurity.
Our argument is that there are specific differences in the way
gender is constructed in different types of wars. In particular, we
suggest that "new wars," as described by Kaldor, can be
interpreted as a mechanism for rolling back any gains women may have
made in recent decades. (6) If war is critical for the construction of
gender difference, then greater gender equality, especially among
international peacebuilding agencies, may offer a way to achieve
sustainable peace. By investigating the distinctive gendered nature of
new wars, it should be possible to identify new approaches and policies
aimed at transforming violent situations. (7) In doing so, we pay
particular attention to the specifics of gendered violence, which occurs
in all wars but takes different forms. An implication of our analysis
suggests that the kind of masculinity constructed in new wars is deeply
contradictory or ambiguous, and consequently, new possibilities for
change may come out of this ambiguity.
In the first section, we outline the different ways that men and
women experience new wars in contrast to "old wars," and draw
some conclusions about the construction of gender relations. The second
section briefly describes the evolution of international law that deals
with gender relations in war, drawing upon Chinkin's work on
feminist approaches to international law. (8) Lastly, the concluding
section discusses the implications of a gendered analysis for
alternative approaches aimed at reducing violence in general.
THE GENDERED EXPERIENCE OF NEW WARS
Men and women tend to experience war differently, particularly in
the ways men and women are susceptible to and experience violence as a
result of their sex or gender. (9) These experiences also vary according
to different types of war.
Many terms have been used to conceptualize contemporary conflict:
wars among the people, wars of the third kind, hybrid wars, privatized
wars, or postmodern wars. (10) For the purpose of this article, the term
used is "new wars." The term "new wars" is used to
distinguish contemporary political violence from the predominant
"old war" conception that tends to underlie both scholarly
analysis and policymaking. The concept of "old wars" is drawn
from the experience of twentieth century wars in Europe. "New
wars" are not necessarily empirically new, although it would be odd
if there were not some new characteristics. Rather, they are different
from the stylized conception of old wars; the point of developing an
analysis of new wars is to draw attention to the problem
of retained "old war" thinking on the part of scholars,
policymakers, and legal advisers. Indeed, "old wars" may only
exist insofar as they are an idealized conception of war that is
contrasted with the analysis of new wars. For example, the international
legal regime pertaining to conflict, otherwise known as international
humanitarian law or the "laws of war," is based on a
perception of old wars.
By and large, new wars refer to conflicts currently taking place in
different parts of the world. The generalizations that we make about new
wars do not necessarily apply in all types of contemporary violence.
Various forms of international military intervention, including the use
of force for counter-terror operations, for example, are outside the
scope of this article. Nevertheless, we do touch on some of these forms,
as "old war" thinking on the part of those engaged in military
activities often ends up exacerbating "new war" tendencies, as
was the case in Iraq and Afghanistan."
New wars have a different logic from old wars, stemming from
differences in the type of actors, the goals, the tactics, and the forms
of finance. In particular, old wars tend to be extreme in the sense of
maximizing and totalizing violence, while new wars tend to be persistent
and more difficult to end. In what follows, we outline those
differences, drawing out the specific ways in which they affect the
differing experiences of men and women, and what this means for the
construction of gender relations.
Actors
Old wars were fought by uniformed regular armed forces, who were
subject to national military codes. In contrast, the participants of new
wars are networks of state and non-state actors. They include remnants
of regular armed forces, paramilitary groups, warlords, jihadists,
mercenaries, private security contractors, and criminal groups. For
example, in Syria today, the anti-government forces include brigades
formed from defecting regular soldiers, civilians, jihadists drawn from
all over the world, the Al-Qaeda affiliate Jabhat al-Nusra, Kurdish
brigades, and gangs whose numbers have been augmented by criminals
released from jail by the Assad regime. (12) Collaborating with regular
forces on the government side is the militia Shabiha, as well as
non-state groups from abroad, most notably Hezbollah.
As in old wars, the fighters are predominantly male, with media
reports depicting the leaders of such networks in ways that exemplify
the construction of the physical and representational aspects of wartime
masculinity. Kaldor has previously described how the Serbian
paramilitary leader Zeljko Raznatovic, better known as
"Arkan," epitomized this concept of masculinity during the
Bosnian War. A notorious figure in the criminal underworld, he led the
fan club of Belgrade's Red Star soccer team, from which he
recruited members of his paramilitary group known as the
"Tigers." According to the United Nations Commission of
Experts established by the United Nations Security Council to
investigate war crimes in the Bosnian War, the Tigers' hair was
"cut short, and they wore black woollen caps, black gloves cut off
mid-finger, and black badges on the upper arm." (13) Similarly, the
Commission reported that members of a Croatian group called the
"Wolves" wore "crew-cuts, black jump-suits, sunglasses
and sometimes masks." (14) As befits the tendency to hunt in
"packs," the various paramilitary groups called themselves
names such as "Tigers," "Wolves," or "White
Eagles." (15)
In both old and new wars there are, of course, examples of female
participation. For instance, reportedly 8 percent of the Soviet armed
forces were women at the peak of the Second World War; some reports
estimate that women made up approximately one-third of fighters in the
Eritrean People's Liberation Front, while women fighters were famed
among Nicaraguan Sandinista guerrillas. (16) Currently, there is
widespread reporting of female fighters in Syria, especially in the
Kurdish areas. (17) During the Bosnian War, there were reports of at
least two women's brigades on the Serbian side one formed in Glina
in December 1991, led by a Serbian woman called Dusica Nikolic, and one
formed in 1993 called the "Maidens of Kosovo"--as well as
women fighters on the Croat and Bosnian sides. (18) The women were
mythologized in local media, portrayed variously as "modern-day
Amazons," "patriots," and "warriors," thereby
sending a message of shame to men who had not volunteered to fight. (19)
Nikolid is reported to have described men sitting in cafes in Belgrade
as "not real Serbs." (20) At the same time, enemy women
soldiers were portrayed as monsters that is, as not conforming to the
feminine images of "real" women. (21)
Goals
New wars are largely fought in the name of identity--ethnic,
religious, or tribal--rather than for ideological or geopolitical goals.
That is to say, the expressed goal of new wars is exclusive: access to
the state for those identified with a particular label. Religious wars
can be about ideas, such as the imposition of Sharia law, or about
identity, such as the right to exclusive political power for Muslims or
Orthodox Christians. The religious wars of seventeenth century Europe
between Protestants and Catholics were ideological, dealing with the
break-up of the Church's power and the role of individuals; by
contrast, the war in Northern Ireland from 1969 to 1998 was about the
identity and the rights of different religious communities to political
power. Neither in Northern Ireland nor in the former Yugoslavia could
individuals change allegiance by converting from one religion to
another, as these were ascribed identities. Such was also the case for
Hutus and Tutsis in Rwanda and Burundi.
War is an important mechanism through which identities are
constructed and "fixed," through the imposition of a binary
"us" and "them." (22) Even if previously they
thought of themselves as Yugoslav or Rwandan, people began to
self-identify as Muslim or Tutsi because these were the identities that
caused them to be targeted by those claiming opposing identities (Serbs
and Croats in Bosnia; Hutus in Rwanda) during the violence. As several
writers have observed, the identities constructed in war, whether
ethnic, religious, or tribal, tend to be closely linked to gender. For
example, as Julie Mertus has put it:
There is no gender identity prior to the performance in which it is
expressed.... Similarly, there is no national identity prior to
the performance in which it is expressed. Performances of gender
and performances of national identity intertwine: the boundaries of
each shape the corners of the other. (23)
In the wars in the former Yugoslavia, the various national and
religious identities (Serb, Croat, Muslim, and Kosovar Albanian) all had
significant gender dimensions. Typically the nation was characterized as
the mother, and the political leader, almost always a man, was
characterized as the father. (24) Ethnic nationalism was associated with
a warrior mythology and a history based on battles lost or won.
Moreover, national identities were imposed on both men and women as
their primary identities. Being a woman was subsumed under a particular
national identity, and attempts to express commonality with other women
across national identity lines could be regarded as disloyalty. (25)
Another common--and gendered--theme in national discourses is the
emphasis on demographics. Among certain nationalist circles in Serbia in
the early 1990s, there was much talk of a declining birth rate. In
particular, Serbs were said to be subjected to a "genocide" in
Kosovo because of a dramatic decline in the proportion of Serbs in the
overall population of Kosovo. This was both because Serbs were leaving
the province for economic reasons and it was claimed that they faced
"ideological and institutional discrimination," and also
because Serbs had a much lower birth rate than Albanians. (26) A famous
memorandum published by the Serbian Academy of Sciences and Arts in 1986
claimed that Serbs were subjected to "physical, political, legal,
and cultural genocide" in Kosovo. (27) The Serbian Orthodox Church,
the Serbian Academy of Sciences and Arts, and the National Statistical
Agency all exhorted women to have more babies, and a new antiabortion
law was passed in 1993. (28) As Papic puts it, "ethnic nationalism
is based on a politics of specific gender identity/difference in which
women are simultaneously mythologized as the Nation's deepest
"essence" and instrumentalized as its producer." (29) In
Croatia, various conservative organizations were established, among them
the Croatian Population Movement and the Institute for the Protection of
Motherhood, Family and Children, which called for women to have more
children and opposed abortion. (30)
At the same time, feminists and gays were vilified in the press.
Pavlovic writes:
Sexism and homophobia are correlates of this national
chauvinism.... In such a climate, any fluidity of identity becomes
impossible: you must be a Croat before all else or you will find
yourself excluded. By a strange logic of reversal, feminists are
accused of rape and homosexuals are transformed into Serbian
aggressors. (31)
The same kind of association between gender construction and
identity construction is found in new wars involving religious
identities, although of course, religious and national identities are
often intertwined. Fundamentalist religious movements, whether Muslim or
Christian, tend to be associated with Armageddon tendencies, relating to
the idea of a final battle espousing deeply conservative attitudes
towards gender, as we know from the examples of the Taliban in
Afghanistan or the Christian right in the United States. (32)
Means
In old wars, battle--the clash between opposing military
forces--was the decisive encounter. The goals of the war were to be
achieved through the military capture of territory. In new wars, by
contrast, battles are rare, and the main violence is directed towards
civilians. The goals are to be achieved through the political control of
territory. Violence represents a form of control based on fear, and a
way to expel or kill those who disagree or have a different identity.
Statistics suggest that men of military age tend to be targeted
first in attacks on civilians, although large numbers of women,
children, and old men are killed, as well. For example, the Research and
Documentation Center in Sarajevo estimated that the total number of
people killed during the war in Bosnia was 97,207, of which 34,581 were
civilians. Some 9,901 women were estimated to have been killed; in other
words, nearly 90 percent of all deaths, and over 60 percent of civilian
deaths, were men. (33) Civilian women are the main victims of extreme
sexual violence, but not the only victims, as there are plenty of
examples of homosexual rape and mutilation. (34) The evidence suggests
that rape in new wars is a systematic part of the strategy of political
control, a "tactic of war." (35) In Bosnia and Herzegovina,
for example, reports by human rights NGOs and international agencies
exposed the systematic pattern of sexual violence, including the
establishment of rape camps. The UN Commission of Experts, which
investigated human rights violations in Bosnia and Herzegovina during
the war, cited a report from the Slovenian newspaper Delo in which a
plan by the Yugoslav National Army reportedly called for mass rape as an
instrument of psychological warfare. (36) According to the article, the
plan stated that an "[a]nalysis of the Muslim's behaviour
showed their morale, desire for battle, and will could be crushed most
easily by raping women, especially minors and even children ..."
(37)
According to the Croatian writer, Slavenka Drakulic:
What seems to be unprecedented about the rapes of Muslim women in
Bosnia (and, to a lesser extent, Croatian women too) is that there
is a clear political purpose behind the practice. The rapes in
Bosnia are not only a standard tactic of war, they are an organized
and systematic attempt to cleanse (to move, resettle, exile) the
Muslim population from certain territories ... The eyewitness
accounts and reports state that women are raped everywhere and at
all times, and victims are of all ages, from 6 to 80. They are also
deliberately impregnated in great numbers ... held captive and
released only after abortion becomes impossible. This is so they
will 'give birth to little Chetniks [Serb paramilitaries],' the
women are told. (38)
A similar pattern can be observed in other new wars. In Rwanda,
gender crimes-were evident in the genocide in 1994; Tutsis and moderate
Hutus--that is to say Hutus who did not support the genocide--were
mutilated and killed, and women were also, sexually mutilated and raped.
(39) In its jurisprudence, it the International Criminal Tribunal for
Rwanda has relied upon the Convention on the Prevention and Punishment
of the Crime of Genocide, which not defines genocide as an act when
"committed with intent to destroy, in whole or in part, a national,
ethnical, racial, or religious group." (40) Sexual violence of a
systematic character has also been widespread in the Democratic Republic
of Congo (DRC). (41) Recent reports coming out of Syria suggest a
similar pattern that includes detention in rape camps. While rape has
been committed by both government and rebel forces, there does appear to
be a systematic use of rape to empty areas controlled by or sympathetic
to the rebels. (42)
Sexual violence has been a pervasive feature of all wars throughout
history. In some old wars, it has been deliberate and systematic, not
just a side effect of a dangerous male activity. For instance, the
Women's International War Crimes Tribunal, of which Chinkin was a
member, found that the Japanese "comfort stations," where
women were forced to provide sexual services to Japanese soldiers in the
1930s and 1940s, were a state-institutionalized phenomenon. (43) The
women were "recruited" through various means, including
deception, coercion, and brutal force, from all areas where Japanese
authority held sway, either as a colonial power (Korea and Taiwan) or
through military occupation. (44) As the Tribunal describes,
Procuring and securing women for these stations was an integral
part of the war strategy, admittedly intended to deter open rape in
occupied territory, limit anti-Japanese resistance among the local
populace, avoid international disgrace and protect the Japanese
soldiers from venereal disease. (45)
Although the trauma and suffering is no different, the nature of
the instrumentalization in new wars is very different. There is little
concern about opprobrium, security leaks, or the spread of venereal
disease. The rapes are deliberately public, and are meant to instill fear in local populations as part of a plan to destroy or control local
communities.
There are, of course, other types of gendered violence that can be
found in contemporary wars, in addition to the use of systematic rape as
a military tactic. The Special Court for Sierra Leone concluded that:
Women and girls ... were often abducted in circumstances of extreme
violence, compelled to move along with the fighting forces from
place to place, and coerced to perform a variety of conjugal duties
including regular sexual intercourse, forced domestic labour such
as cleaning and cooking for the "husband", endure forced pregnancy,
and to care for and bring up children of the "marriage." (46)
The treatment of child soldiers is also gendered in new wars. Judge
Elizabeth Odio Benito of the International Criminal Court (ICC)
presented a dissenting opinion about the absence of any reference to
sexual violence in the case against Thomas Lubanga in the DRC:
Sexual violence and enslavement are the main crimes committed
against girls and their illegal recruitment is often intended for
that purpose (nevertheless they also often participate in direct
combat).... It is discriminatory to exclude sexual violence which
shows a clear gender differential impact from being a bodyguard or
porter which is mainly a task given to young boys. (47)
In other words, women and girls' socially assigned caring
roles make them vulnerable to targeted attack, including sexual
violence, in a range of situations.
Forms of Finance
Old wars were financed by taxation and were typically associated
with a war economy that was centralizing, autarchic, and totalizing,
involving all citizens. In particular, during the two world wars, women
were drawn into the labor force in large numbers. New wars are almost
exactly the opposite. Taxation is low, so the warring factions have to
find other ways to finance their activities. New war economies are
decentralized and open to the global economy. Participation in military
activity tends to be low, and unemployment tends to be high. The ways in
which the warring groups finance their activities are usually directly
related to violence, These methods of financing include: looting and
pillaging; setting up checkpoints where assets such as televisions,
cows, and foreign currency are "exchanged" for necessities;
"taxation" of humanitarian aid; financial support from the
diaspora; kidnapping and hostage-taking; and various kinds of criminal
activity, especially stealing and smuggling valuable commodities such as
oil, diamonds, drugs, and humans. Typically, women are harder hit by
these activities, both directly--such as through human trafficking or
the growth of the sex industry, which is associated with many new
wars--and indirectly, through the various ways by which the
aforementioned forms of resource extraction affect their daily lives.
Taken together, these various aspects of new wars explain the
tendency for their longevity. Both for political reasons--the need to
underpin identity politics and for economic reasons--the need to
maintain access to resources--the various warring parties acquire a
vested interest in continued violence. What gets established is a
predatory set of social relations that are difficult to contain in time
and space. They are disseminated through identity politics, especially
through refugees and internally displaced persons. Likewise, they spread
through transnational criminalized networks, which are the vectors of
various types of illicit activity. They are difficult to end because
neither side has an interest in winning; rather, they may benefit from
the perpetuation of violence. Thus, new wars can be described as a kind
of mutual enterprise, in contrast to our conception of old wars as a
contest of wills.
When peace agreements are negotiated by the international
community, the participants, typically leaders of the warring factions,
are those with a vested interest in sustaining violence and entrenching
their positions of power. This is why peace agreements do not
necessarily end the violence, particularly in regards to criminality and
gender-based violence. Even where women have participated in the
fighting, they are rarely involved in peace processes, and thus are
excluded from positions of power in post-conflict societies. (48) This
is why the distinction between conflict and post-conflict, and the
distinctions between political, criminal, and gender-based violence, are
blurred in new wars.
Moreover, international agencies are often drawn into the predatory
political economy or the mutual enterprise. In a distortion of the roles
of "protector" and "protected," the greater
deployment of UN and regional peacekeeping forces since the end of the
Cold War has been marred by allegations of sexual exploitation and
violence against women and girls. (49) The impunity caused by the
immunity of peacekeepers from local jurisdictions, coupled with the lack
of disciplinary action by the troop-contributing state, has undermined
the legitimacy of the missions and led to the assertion of a zero
tolerance policy. (50) The possession of small arms and weapons by law
enforcement officers can become another source of insecurity. (51)
Likewise, peacekeepers have been involved in smuggling activities,
especially human trafficking. In both Iraq and Afghanistan, Western
forces have relied heavily on private security contractors who have also
engaged in predatory and abusive behavior. (52)
In combination, all these factors--the predominance of male
participation, the constructed links between national and gender
identity, the differential forms of violence against men and women, and
the predatory social relationships that tend to affect women more than
men--contribute to the construction of extreme gender inequalities. As
in all wars, the predominance of men, as fighters and as
"martyrs," is an essential basis for the construction of a
particular form of masculinity. Raped and murdered women do not die as
heroines, as Kesic points out. (53) All the same, there is a difference
between the heroic warrior of old wars who is supposed to only fight
other heroic warriors and to act in honorable and chivalric ways,
thereby keeping the actuality of gender-based violence out of sight--and
the new warrior who deliberately engages in excessive violence against
civilians, including women.
In her study of Russian servicemen fighting in the Chechen wars,
Maya Eichler suggests that in the Chechen wars, the ideal of the heroic
warrior of the Second World War and the Cold War was severely
challenged. (54) On the one hand, many soldiers were unwilling to fight,
especially in the first Chechen war; the idea of killing people
"like us" caused distress among soldiers, and led to high
levels of draft evasion. (55) On the other hand, soldiers were portrayed
as using excessive violence, and many experienced post-traumatic stress
and marginalization in society after the wars. (56) One can argue that
what she calls the "contradictions of militarized masculinity"
is characteristic of new wars. (57) The low participation in new wars,
the systematic application of deliberate gendered violence against
civilians, and the difficulty of sustaining exclusive identities because
of the link between gender and national or religious identities in a
world of open communication, all contribute to a masculinity that is
ambiguous, insecure, and violent.
One implication is that persistent violence can be explained in
gender, political, and economic terms. The extreme gender inequalities
associated with new wars can only be sustained through continued
violence, precisely because the masculinity associated with "new
wars" is so ambiguous and insecure. The other implication is that
the very insecurity of the masculinities constructed in new wars opens
up possibilities for alternatives, as we explain in the conclusion.
GENDER AND INTERNATIONAL LAW
Human rights are based on an assumption of universalism; according
to Article 1 of the Universal Declaration of Human Rights (UDHR),
"All human beings are born free and equal in dignity and
rights." (58) Accordingly, the International Covenant on Civil and
Political Rights (ICCPR) states that "All people are equal before
the law and are entitled without any discrimination to the equal
protection of the law." (59) However, it has become accepted in
human rights law that in order to achieve substantive equality--that is,
real equal enjoyment of rights, equal opportunities, and choices, and
not merely legal guarantees of rights it may be necessary to redress
structural and social disadvantage, and to accord differential treatment
to some groups. Such differential treatment is not wrongful
discrimination. One such group consists of people who are discriminated
against and are targets of violence because of their sex or gender.
Discrimination on the grounds of sex was prohibited by the Charter of
the United Nations, the UDHR, the ICCPR, and the International Covenant
on Economic, Social, and Cultural Rights (ICESCR). (60) In response to
the reality that "despite these various instruments, extensive
discrimination against women continues to exist," the 1979
Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) condemns discrimination against women on the basis of sex.
(61) Currently, 187 states are party to CEDAW. Since 1979, there has
been a greater understanding by international organs and legal regimes
as to how social constructions, not only of biological sex, but also of
gender--"the social meanings given to biological sex
differences" impact the "distribution of resources, wealth,
work, decision-making and political power ... within the family as well
as public life ... Thus, gender is a social stratifier ... [which] helps
us understand the ... unequal structure of power that underlies the
relationship between the sexes." (62) In 2010, in further support
of this understanding, CEDAW affirmed "that the Convention covers
gender-based discrimination against women." (63)
Since the 1990s, at least partly in response to the excesses of new
wars, there has been greater recognition of the gendered experience of
violence and the need to seek ways to address it, at least more
formally. Gendered violence does not just happen to women, or to men,
but is motivated specifically by "factors concerned with
gender." (64) Accordingly, international human rights law
recognizes violence against women as "violence that is directed
against a woman because she is a woman or that affects women
disproportionately." (65) States must exercise due diligence to
prevent, investigate, prosecute, and punish such violence. Through a
range of provisions, international humanitarian law also prescribes
gender-based violence committed during armed conflict and forbids
attacks on personal dignity, in particular humiliating and degrading
treatment. (66) The jurisdiction of the ad hoc international criminal
tribunals and the International Criminal Court (ICC) defines crimes of
sexual violence, such as rape, sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization, and any other form of sexual
violence, as war crimes and crimes against humanity. Some prosecutions
have been successfully pursued with respect to such violence against
both women and men, although there are also cases where charges have not
been brought despite significant testimony of sexual and gendered
violence. (67) The number of cases prosecuted at the international or
national level remains low. The low reporting rate, fear, gender
stereotypes, and myths about sexual violence all inhibit access to
justice and contribute to a climate of impunity. Other significant
obstacles to preventing, investigating, and prosecuting the killings of
women include the failure of police intervention, a lack of
implementation of security measures for women, repeated attacks on
law-enforcement officials and women's rights advocates, and
inaccessible detention locations in areas under the control of
insurgents and other illegally armed groups. Institutional weakness also
results in impunity in cases of gender-related killings of women, as a
lack of respect for the rule of law, corruption, and poor administration
of justice are the norm. (68) Despite the widely accepted definition of
trafficking as a transnational organized crime in the Palermo Protocol,
there remain many legal and practical obstacles to its successful
prosecution. (69)
The Security Council thematic program relating to women, peace, and
security has recast gendered violence as a threat to international peace
and security, thereby implicitly linking it to human security, (70) The
groundbreaking first resolution, United Nations Security Council
Resolution (UNSCR) 1325, is based upon four pillars prevention,
protection, participation, and relief and recovery--which are similar to
the three pillars underpinning the much-publicized concept of the
Responsibility to Protect (RTP). (71) However, there remains a
disconnect between, and compartmentalization of, the relevant legal
regimes. UNSCR 1325 and RTP are not necessarily understood as
complementary and mutually reinforcing, especially with respect to
prevention and participation in all stages of peace and security
processes. Despite its constant repetition and the reiteration by the
Secretary-General that "Sexual violence, when used in conflict as a
method or tactic of warfare, must be recognized in provisions for
security arrangements," UNSCR 1325 is not implemented, and few
ceasefires or peace agreements make any reference to conflict-related
sexual violence. (72) UNSCR 1888 added institutional bodies, notably the
authorization of a special representative of the Secretary-General "to provide coherent and strategic leadership" across UN
agencies seeking a coordinated approach to sexual violence in armed
conflict. (73) Building on the earlier resolutions, UNSCR 1960
introduces new compliance processes into the women, peace, and security
agenda This involves monitoring, reporting, and analysis to ensure
"the systematic gathering of timely, accurate, reliable and
objective data" and the naming and shaming of individuals that are
"credibly suspected of committing or being responsible for patterns
of rape ... in ... armed conflict." (74) However, the latter can
only be effective if real shame is incurred by those committing such
acts, as well as denunciation through their prosecution. A willingness
to resort to sanctions against perpetrators of sexual violence in armed
conflict was first expressed in UNSCR 1820; in UNSCR 1960, the Security
Council expressed its intention to include rape and sexual violence as
criteria in adopting or renewing sanctions in situations of armed
conflict. Compliance with Article 5 of CEDAW, which requires State
Parties to modify cultural attitudes and practices to eliminate harmful
gendered practices and stereotypes, is also key to addressing
discrimination against women and hence enhancing their security. (75)
Impunity for perpetrators and the invisibility of survivors is a
continuing reality of gender-based crimes. This leads to the
normalization of violence in nonconflict situations, and thus ensures
its continuation in both conflict and nonconflict situations:
Impunity for violence against women compounds the effects of such
violence as a mechanism of control. When the State fails to hold
the perpetrators accountable, impunity not only intensifies the
subordination and powerlessness of the targets of violence, but
also sends a message to society that male violence against women is
both acceptable and inevitable. As a result, patterns of violent
behaviour are normalized. (76)
This is also seen in the high incidence of domestic violence
throughout armed conflict, which continues post-conflict. (77) It is
apparent that attitudes have not changed in accordance with CEDAW
Article 5.
CONCLUSION
New wars include massive violations of human rights. By targeting
civilians, participants in new wars also violate a fundamental principle
of international humanitarian law--that of distinction between
combatants (legitimate targets in conflict) and civilians (who must not
be targeted). Likewise, participants in new wars also violate domestic
law by engaging in predatory economic and criminal activities. One
counter-trend to the description of new wars given above is the upsurge
in civil society, often involving a preponderance of women in a
continuation of their "caring" roles that is frequently
associated with new wars. This was the case in Bosnia and is currently
the case in Syria. (78) Civil society engages in humanitarian
activities, providing basic necessities, trying to maintain services
like schools and health clinics, helping the victims of sexual violence,
reaching out across communities, and trying to stop violence by working
on proposals for peace. This rise in civil society activity is
associated with what Kaldor calls "islands of civility," areas
like Tuzla in Bosnia or some areas of Syria, where people try to keep
out of the fighting and maintain multicultural harmony. (79)
Furthermore, local civil society groups often link to international
civil society groups or NGOs and put forward proposals to the
international community. Indeed, it is through civil society advocacy
that many of the new elements of international law relating to gender
have been introduced. It was women's NGOs, for example, often
linked to local civil society groups, that lobbied for the inclusion of
sexual violence as a war crime in the International Criminal Tribunal
for the former Yugoslavia and the ICC. (80)
In this essay we have argued that all wars involve the construction
of gender stereotypes, and that the gender stereotypes constructed in
"new wars" are different from those constructed in "old
wars." The implication of this argument is that by challenging the
construction of masculinity in war, it is possible to challenge war
itself. This also means challenging constructions of femininity in war.
For example, women are often falsely designated as
"peacemakers." This is evident in UNSCR 1325, which offers no
basis for its reaffirmation of "the important role of women in the
prevention and resolution of conflicts and in peace-building,"
thereby creating the assumption that this is somehow a
"natural" role for women. (81) This both discounts the reality
of women as combatants and supporters of conflict and undermines
women's agency throughout and after conflict. Women are placed in a
double bind: if they are "natural" peacemakers, their efforts
in this respect are not credited, while they are simukaneously excluded
from formal peacemaking processes. (82) It also deflects attention from
the realities of women's peacemaking activities--working for peace
can be dangerous, and those doing so should be accorded special
attention by international policymakers. (83) Instead, they are often
ignored.
International efforts to address the various aspects of new wars
should explicitly take gender into account, particularly regarding the
specific gendered character of new wars. Efforts might be undertaken in
the following policy areas:
Civil society: Civil society involvement makes possible policies
that are relevant to the lived reality of new wars. It should include
civil society groups in discussions of how to respond to violence within
their particular locale as well as more generally. The involvement of
civil society in peace negotiations should be mandatory, and adequate
support should be provided for "islands of civility" through
international guarantees of locally arranged cease-fires. The latter is
akin to the Bosnian safe haven concept, but would have to be much more
effective-including committing adequate and appropriate human and
financial resources for robust protection, demilitarization, and
policing, along with support for local political and judicial processes.
(84)
Peacekeeping: Traditional peacekeeping operations are about
separating the sides, largely composed of men, or holding cease-fires.
This is in contrast to fighting war, which involves men taking sides
largely against other men. Both therefore reinforce traditional concepts
of masculinity. Peacekeeping needs to be reoriented towards protection
of both sexes and law enforcement. A step in this direction is UNSCR
2098, which mandated an "Intervention Brigade" in the DRC that
was
under direct command of the MONUSCO Force Commander, with the
responsibility of neutralizing armed groups ... and the objective
of contributing to reducing the threat posed by armed groups to
state authority and civilian security in eastern DRC and to make
space for stabilization activities. (85)
International Law: International humanitarian and human rights law
must be implemented, and there must be an end to impunity for crimes
against humanity, including gender-based crimes.
Rule of Law: Efforts should be undertaken to reestablish rule of
law and legitimate political authority at local levels through alliances
with civil society, so as to provide the conditions for everyday
security, legitimate forms of employment and exchange for both men and
women, and the provision of public services.
Participation and Gender Equality: Above all, much greater
participation of women is needed in all international roles, in
peacekeeping, law enforcement, and at all levels of peace negotiations.
This does not assume or affirm that women are peacemakers, as per the
previously discussed gender stereotype; rather, it is a way to counter
the gender stereotyping that is constructed in war, and by doing so, to
reduce the benefits that the warring parties gain from violence.
Women's agency should be recognized as a force for change, and
should be taken seriously as a matter of equality and practicality.
These suggestions are indicative of the kind of approach that could
be developed if new wars are viewed through a gender lens. What we have
tried to show is that new wars are gendered in extreme ways, and that
the implementation of international norms is critical if we are to begin
to address the problems that arise from new wars. Perhaps the most
hopeful aspect of our argument is the illegitimacy of new wars in an
increasingly open and globalized world, and concomitantly, the
precarious character of the masculinity associated with new wars.
NOTES
(1) Jenny Pearce, "Bringing violence 'back home':
Gender socialisation and the transmission of violence through time and
space," Global Civil Society 2006/7 (London: Sage Publications,
2005), 42-60.
(2) Jill Steans, Gender and International Relations (Cambridge:
Polity Press, 1998), 92.
(3) Rebecca J. Cook and Simone Cusack, Gender Stereotyping:
Transnational Legal Perspectives (Philadelphia: University of
Pennsylvania Press, 2010), 20-25.
(4) See, e.g. Steans; Joshua Goldstein, War and Gender: How Gender
Shapes the War System and Vice Versa (Cambridge: Cambridge University
Press, 2001); Jean Bethke Elshtain, Women and War (New York: Basic
Books, 1987).
(5) Steans, 93.
(6) See Mary Kaldor, New and Old Wars: Organised Violence in a
Global Era, 3rd ed. (Cambridge: Polity Press, 2012).
(7) Ibid.
(8) See Hilary Charlesworth and Christine Chinkin, The Boundaries
of International Law: A Feminist Analysis (Manchester: Manchester
University Press, 2000).
(9) Richard Jolly and Deepayan Basu Ray, "The Human Security
Framework and National Human Development Reports: A Review of
Experiences and Current Debates" (National Human Development Report
Paper, United Nations Development Programme, New York: 2006), 5.
(10) See Erhard Eppler, Vom Gewaltmarkte zum Gewaltmarkt?
(Frankfurt: Suhrkmamp, 2001); Rupert Smith, The Utility of Force: The
Art of War in the Modern World (New York: Alfred A. Knopf, 2005); Frank
G. Hoffman, Conflict in the 21st Century: The Rise of Hybrid Wars
(Arlington: Potomac Institute for Policy Studies, 2007); Chris Hables
Gray, Postmodern War: The New Politics of Conflict (New York: The
Guilford PreSs, 1997).
(11) See Kaldor (2012), Chapter 7. The interventions in these two
countries were conceived in classic "old war" terms, and the
aim was defeat of a state. However, the interventions sped up the
collapse of the state, and the interveners were faced with an escalating
mixture of criminality, human rights violations, sectarianism, and
Islamic extremism that is characteristic of "new war"
situations.
(12) See Mary Kaldor, "A Humanitarian Strategy Focused on
Syrian Civilians," in The Syrian Dilemma, ed. Nader Hashemi and
Danny Postel (Cambridge, MA: Massachusetts Institute of Technology
Press, 2013).
(13) UN, "Final Report of the Commission of Experts
Established Pursuant to Security Council Resolution 780 to Investigate
Violations of International Humanitarian Law in the Former Yugoslavia:
Annex IV, 'Ethnic Cleansing'" (1992), 42, quoted in
Kaldor (2012), 49.
(14) Kaldor (2012), 50.
(15) Ibid.
(16) Goldstein (2001), 22, 81, 84.
(17) Herald Doornbos and Jenan Moussa, "The Civil War within
Syria,s Civil War," Foreign Policy (28 August 2013),
http://www.foreignpolicy.com/articles/2013/08/28/the_civil war
within_syria_s_civil_ warkurdish_fighters.
(18) Obrad Kesic, "Women and Gender Imagery in Bosnia:
Amazons, Sluts, Victims, Witches and Wombs" in Gender Politics in
the Western Balkans: Women and Society in Yugoslavia and the Yugoslav
Successor States, ed. Sabrina P. Ramet (University Park, PA:
Pennsylvania State University Press, 1999), 189.
(19) Ibid.
(20) Ibid.
(21) Ibid., 190.
(22) Mary Kaldor, "Identity and War," Global Policy
(forthcoming).
(23) Julie Mertus, "Women in Kosovo: Contested Terrains: The
Role of National Identity in Shaping and Challenging Gender
Identity," in Gender Politics in the Western Balkans: Women and
Society in Yugoslavia and the Yugoslav Successor States, ed. Sabrina P.
Ramet (University Park, PA: Pennsylvania State University Press, 1999),
171.
(24) Biljana Plavsic served briefly as woman President of Republika
Srpska and her nickname was the "Iron Lady." But she became
more extreme when taking on a male role. A highly educated woman, she
was a genetic biologist and a member of the Academy of Natural Sciences
in Sarajevo, and had spent time in the United States as a Fulbright
scholar. During the war in Bosnia, she said of Muslims: "It was
genetically deformed material that embraced Islam. And now, of course,
with each successive generation it simply becomes concentrated. It gets
worse and worse. It simply expresses itself and dictates their style of
thinking, which is rooted in their genes. And through the centuries, the
genes degraded further." Biljana Plavsic, Svet, Novi Sad, September
1993, cited and translated by Slobodan Inic, in "Biljana Plavsic
Geneticist in the Service of a Great Crime," Bosnia Report:
Newsletter of the Alliance to Defend Bosnia Herzegovina 19 (June-August
1997), translated from Helsinska povelja, Belgrade, November 1996,
quoted in Islam and Bosnia: Conflict Resolution and Foreign Policy in
Multi-ethnic States, ed. Maya Shatzmiller (McGill-Queens University
Press, 2002), 58. She was indicted for war crimes by the International
Criminal Tribunal for the former Yugoslavia.
(25) Tatjana Pavlovic, "Women in Croatia: Feminists,
Nationalists and Homosexuals," in Gender Politics in the Western
Balkans: Women and Society in Yugoslavia and the Yugoslav Successor
States, ed. Sabrina P. Ramet (University Park, PA: Pennsylvania
University Press, 1999).
(26) This is largely explained in socioeconomic terms. Most
Albanians were poor and rurally based, while Serbs tended to live in
cities and have higher incomes. Albanians living and working in towns
had similar birth rates as Serbs. See International Independent
Commission on Kosovo, The Kosovo Report: Conflict, International
Response, Lessons Learned (Oxford: Oxford University Press, 2000), 38.
(27) International Independent Commission on Kosovo, TheKosovo
Report, 40.
(28) Zarana Papic, "Women in Serbia: Post-Communism, War and
National Mutations," in Gender Politics in the Western Balkans:
Women, Society and Politics in Yugoslavia and the Yugoslav Successor
States, ed. Sabrina P. Ramet (University Park, PA: Pennsylvania
University Press, 1999), 160-63.
(29) Papic, 155. Emphasis in the original.
(30) Pavlovic, 138.
(31) Ibid., 152.
(32) These phenomena have been generally described and researched
in the six-volume series of The Fundamentalism Project, eds. Martin E.
Marty and R. Scott Appleby, available through University of Chicago
Press at http://www.press.uchicago.edu/ucp/books/series/FP.html.
(33) Mirsad Tokaca, Bosanska knjiga mrtvih-Ljudski gubici u Bosni i
Hercegovini 1991-1995 (Sarajevo: Istrazivacko dokumentacioni centar,
2012). These numbers, which only included directly traceable casualties,
are considerably lower than the numbers provided and widely cited at the
time by the Bosnian Ministry of Information. For a discussion of the
numbers, see Mary Kaldor, "In Defence of New Wars," Stability:
International Journal of Security and Development 2, no. 1, art. 4,
http://dx.doi. org/10.5334/sta.at.
(34) Sandesh Sivakumaran, "Sexual Violence against Men in
Armed Conflict," European Journal of International Law 18, no. 2
(2007), 253-276.
(35) United Nations Security Council (SC), Resolution 1820,
"On acts of sexual violence against civilians in armed
conflicts," S/RES/1820 (2008), 19 June 2008, 2.
(36) "Final Report of the Commission of Experts," 27.
(37) Ibid.
(38) Slavenka Drakulid, "Women Hide Behind a Wall of Silence:
Mass Rape in Bosnia," The Nation 256, no. 8 (1 March 1993), quoted
in Adam Jones, "Gender and Ethnic Conflict in ex-Yugoslavia,"
Ethnic and Racial Studies 17, no. 1 (January 1994), 118.
(39) Gerard Prunier, Rwanda: A History of Genocide (New York:
Columbia University Press, 1995).
(40) Convention on the Prevention and Punishment of the Crime of
Genocide, art. 2; Prosecutor v. JeanPaul Akayesu (Judgment) ICTR-96-4 (2
September 1998), [paragraph] 731.
(41) As noted, for instance, by the ICC in Prosecutor v. Germain
Katanga and Mathieu Ngudjolo Chui (PreTrial Chamber Decision on the
Confirmation of Charges) ICC-01/04-01/07, (30 September 2008),
[paragraph] 443.
(42) See, e.g.,"Violence Against Women in Syria: Breaking the
Silence" (briefing paper, International Federation for Human Rights
(FIDH), Paris: 2013), http://fidh
org/IMG/pdf/syria_sexual_violenceweb.pdf; also interviews conducted by
Kaldor, April 2013.
(43) Women's International War Crimes Tribunal 2000 for the
Trial of Japanese Military Sexual Slavery, Prosecutors and the Peoples
of the Asia-Pacific Region v. Emperor Hirohito et al. and the Government
of Japan, Summary of Findings (12 December 2000), 5,
http://www.alpha-canada.org/wp-content/
themes/bcalpha-theme/Asian-Holocaust/WomenTribunal_Summary%20of%20Findings.pdf.
(44) Ibid.
(45) Ibid.
(46) Special Court for Sierra Leone, Prosecutor v. Brima, Kamara,
and Kanu (Appeals Chamber Judgment) SCSL-2004-16-A (22 February. 2008),
[paragraph] 190.
(47) International Criminal Court, Prosecutor v. Thomas Lubanga
Dyilo (Separate and Dissenting Opinion of Judge Odio Benito)
ICC-01/04-01/06 (14 March 2012), [paragraph] 21.
(48) Describing her research in Eritrea, Annette Weber comments:
"The admiration, support, and legitimization of female fighters, of
women in arms was quickly devalued after demobilization. The emergency
phase of war was over, now the reconstruction of state and society
needed women to become normal, feminine, obedient members of society
again, so that the society would not feel alienated and would continue
to support the struggle despite hardships." Annette Weber,
"Women Without Arms: Gendered Fighter Constructions in Eritrea and
Southern Sudan," International Journal of Conflict and Violence 5,
no. 2 (2011), 363.
(49) See United Nations General Assembly, "Comprehensive
review of the whole question of peacekeeping operations in all their
aspect," Fifty-ninth session, Agenda item 77, A/59/710, 24 March
2005, http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/ SE%20A%2059%20710.pdf
(50) See United Nations Security Council (SC), Resolution 1674,
"Protection of civilians in armed conflict," (28 April 2006),
[paragraph] 20, http://daccess-dds-ny.un.org/doc/UNDOC/GEN/NO6/331/99/PDF/ N0633199.pdf?OpenElement: "Condemns in equally strong terms all
acts of sexual exploitation, abuse and trafficking of women and children
by military, police and civilian personnel involved in United Nations
operations, welcomes the efforts undertaken by United Nations agencies
and peacekeeping operations to implement a zero-tolerance policy in this
regard..." Emphasis in the original.
(51) "The impact of guns on women's lives" (report,
Amnesty International, International Action Network on Small Arms
(IANSA), and Oxfam International. London: 2005), http://www.oxfam.org/
sites/www.oxfam.org/files/guns_0.pdf.
(52) Iavor Rangelov and Marika Theros, "Abuse of power and
conflict persistence in Afghanistan," Conflict, Security &
Development 12, no. 3 (July 2012), 227-248.
(53) Kesic, 187.
(54) Maya Eichler, "Russian Veterans of the Chechen Wars: A
Feminist Analysis of Militarized Masculinities" in Feminism and
International Relations: Conversations about the Past, Present and
Future, ed. J. Ann Tickner and Laura Sjoberg (New York: Routledge,
2011).
(55) Ibid.
(56) Ibid.
(57) Ibid., 138.
(58) United Nations General Assembly (GA), Resolution 217A (Ill),
"Universal Declaration of Human Rights," art. 1, 10 December
1948, http://www.un.org/en/documents/udhr/.
(59) GA, Resolution 2200A (XXI), "International Covenant on
Civil and Political Rights," art. 26, 16 December 1966, 999 United
Nations Treaty Series (UNTS) 171, http://treaties.un.org/doc/
Publication/UNTS/Volume%20999/volume-999-I-14668-English.pdf.
(60) See UN, "Charter of the United Nations," art. 1(3),
24 October 1945, 1 UNTS XVI, http://www.
un.org/en/documents/charter/index.shtml; UDHR, art. 2; ICCPR, art. 2(I)
and 3; GA, Resolution 2200A (XXI), "International Covenant on
Economic, Social, and Cultural Rights," art. 2(2) and 3, 16
December 1966, 993 UNTS 3,
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx.
(61) GA, Resolution 34/180, "Convention on the Elimination of
All Forms of Discrimination Against Women," preamble, (3 September
1981), 1249 UNTS 13, http://www.un.org/womenwatch/daw/cedaw/
text/econvention.htm.
(62) UN Department of Economic and Social Affairs, 1999 World
Survey on the Role of Women in Development: Globalization, Gender and
Work, (New York: UN, 1999), ix. Cited in UN Committee on the Elimination
of Discrimination against Women, CEDAW General Recommendation No. 25,
"Article 4, paragraph 1, of the Convention (Temporary Special
Measures)," note 3, 2004, http://www.un.org/
womenwatch/daw/cedaw/recommendations/General%20recommendation%2025%20(English).pdf.
(63) UN Committee on the Elimination of Discrimination against
Women, CEDAW General Recommendation No. 28, "The Core Obligations
of States Parties under Article 2 of the Convention on the Elimination
of All Forms of Discrimination against Women" (16 December 2010),
[paragraph] 5, http:// daccess-dds-ny.un.org/doc/UNDOC/GEN/G10/4
72/60/PDF/G1047260.pdf?OpenElement.
(64) Jane Connors, quoted in The UN Convention on the Elimination
Of All Forms of Discrimination against Women: A Commentary, eds. Marsha
A. Freeman, Christine Chinkin and Beate Rudolf (Oxford: Oxford
University Press, 2012), 452.
(65) UN Committee on the Elimination of Discrimination against
Women, CEDAW General Recommendation No. 19, "Violence Against
Women," (1992), [paragraph] 6, http://www.un.org/womenwatch/
daw/cedaw/recommendations/recomm.htm# recom 19.
(66) See "Hague Convention II with Respect to the Laws and
Customs of War on Land and its annex: Regulation concerning the Laws and
Customs of War on Land," art. 46 (29 July 1899); "Geneva
Convention Relative to the Protection of Civilian Persons in Time of
War," art. 27 (12 August 1949); "The Geneva Conventions of 12
August 1949" common art. 3; "Protocol Additional to the Geneva
Conventions of 12 August 1949, and Relating to the Protection of Victims
of International Armed Conflicts (Protocol 1)" art. 76 (8 June
1977); "Protocol Additional to the Geneva Conventions of 12 August
1949, and Relating to the Protection of Victims of Non-International
Armed Conflicts (Protocol II)", art. 4(2)(e) (8 June 1977).
(67) Examples of successful prosecutions include: Prosecutor v
Tadic (Opinion and Judgement) IT-94-1-T (7 May 1997); Prosecutor v
Furundzija (Judgement) IT-95-17/1-T (10 December 1998); Prosecutor v
Kunarac et al. (Judgement) IT-93-23-T (22 February 2001); Prosecutor v
Kunarac et al. (Appeals Chamber Judgement) IT-96-23/1-A (12 June 2002);
Prosecutor v Thomas Lubanga Dyilo, (Judgement), ICC-01/0401/06 (14 March
2012).
(68) GA, "Report of the Special Rapporteur on violence against
women, its causes and consequences, Rashida Manjoo," A/HRC/20/16,
(23 May 2012), [paragraph] 111, http://www.ohchr.org/Documents/Issues/
Women/A.HRC.20.16_En.pdf.
(69) UN, Convention against Transnational Organized Crime and the
Protocols Thereto, "Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children, supplementing the
United Nations Convention against Transnational Organized Crime"
art. 3 (15 November 2000),
http://www.unodc.org/documents/treaties/UNTOC/Pub/Publication/TOC%20Convention/TOCebool-e.pdf.
(70) This is done through Security Council resolutions 1325 (2000),
1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010) and 2106 (2013).
(71) As first set out in "The Responsibility to Protect"
(report, International Commission on Intervention and State Sovereignty,
Ottawa, Canada: 2001).
(72) UNSG, Report of the Secretary-General, "Conflict-related
sexual violence" A/66/657*-S/2012/33, (13 January 2012),
[paragraph] 105, http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3- CF6E4FF96FF9%7D/WPS%20S%202012%2033.pdf.
(73) SC, Resolution 1888, S/RES/1888, (30 September 2009),
http://daccess-dds-ny.un.org/doc/
UNDOC/GEN/N09/534/46/PDF/N0953446.pdf?OpenElement.
(74) SC, Resolution 1960, S/RES/1960, (December 2010),
http://daccess-dds-ny.un.org/doc/UNDOC/
GEN/N10/698/34/PDF/N1069834.pdf?OpenElement.
(75) Cook and Cusack.
(76) "Report of the Special Rapporteur on violence against
women, its causes and consequences," [paragraph] 19.
(77) For domestic violence in armed conflict, see Human Security
Report Project, Human Security Report 2012: Sexual Violence, Education,
and War: Beyond the Mainstream Narrative (Vancouver: Human Security
Press, 2012).
(78) Mary Kaldor, "Civil Society Dialogue in Syria,"
Security in TranSition (19 June 2013), http://www.
securityintransition.org/commentaries; also regarding civil society in
Afghanistan, see Mary Kaldor and Marika Theros, "Building Afghan
Peace from the Ground Up" (report, Century Foundation, New York:
2011).
(79) "Civil Society Dialogue in Syria"; Kaldor (2012).
(80) See Iavor Rangelov and Rudi Teitel, "Global Civil Society
and Transitional Justice" in Global Civil Society 2011: Globality
and the Absence of Justice Martin Albrow and Hakan Seckinelgin ed.
(London: Palgrave, 2011) and Marlies Glasius, The International Criminal
Court: A Global Civil Society Achievement (London: Routledge, 2006).
(81) SC, Resolution 1325, S/RES/1325, (31 October 2000),
http://daccess-dds-ny.un.org/doc/UNDOC/
GEN/N00/720/18/PDF/N0072018.pdf?OpenElement.
(82) Christine Bell and Catherine O'Rourke, "Peace
Agreements or Pieces of Paper? The Impact of UNSC Resolution 1325 on
Peace Processes and their Agreements," International and
Comparative Law Quarterly 59 (2010), 941.
(83) Kari Karame, Gendering Human Security From Marginalisation to
the Integration of Women in Peacebuilding (Norwegian Institute of
International Affairs, 2001), 23.
(84) During the Bosnian War, the United Nations designated six
areas as United Nations Safe Areas, where displaced persons could expect
to be protected; they are colloquially known as safe havens.
Unfortunately, insufficient resources and a weak mandate meant that the
UN did not live up to its commitment, as witnessed during the fall of
Srebrenica.
(85) SC, Resolution 2098, "Democratic Republic of Congo,"
S/RES/2098, (28 March 2013), [paragraph] 9, http://
www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2098(2013).