Rape as a war crime.

• Author: Jayaraman, T Vishnu

Concerned over the security of women and girls in situations of armed conflicts, United States Secretary of State Condoleezza Rice stated that rape was a crime that could never be condoned; yet, women and girls around the world had been subjected to widespread and deliberate acts of sexual violence. Chairing in June 2008 a thematic debate of the Security Council on women, peace and security, Ms Rice said that "we affirm that sexual violence profoundly affects not only the health and safety of women, but also the economic and social stability of their nations."

Secretary-General Ban Ki-moon and Deputy Secretary-General Asha-Rose Migiro also participated in the debate, in which representatives from more than 60 Member States voiced their concerns. The resolution, introduced by Ms Rice, was a mechanism for bringing these atrocities to light. It also set stage for the Secretary-General to prepare an action plan for gathering information on the desperate acts of sexual violence in situations of armed conflict and in turn periodically report to the Security Council.

The resolution called upon several important measures to protect women, noting that rape and other forms of sexual violence could constitute a war crime, a crime against humanity, or a constitutive act with respect to genocide. It stressed the need for the exclusion of crimes of sexual violence from amnesty provisions in the context of conflict-resolution processes. The resolution also called upon Member States to comply with their obligations for prosecuting persons responsible for such acts. In addition, it urged the Secretary-General and his Special Envoys to invite women to participate in discussions pertinent to the prevention and resolution of conflict and the maintenance of peace and security.

Ms Rice said that there has been a debate about whether sexual violence was a security issue, with several Member States disputing the need for a resolution. "I am proud that today we can respond to that lingering question with a resounding 'yes'. This world body now acknowledges that sexual violence in conflict zones is, indeed, a security concern", she told the Council. She also stated: "We are concerned about the issue of women affected by violence across the world ... As an international community, we have a special responsibility to punish the perpetrators of sexual violence who are representatives of international organizations." Citing instances of sexual violence and abuse by UN...