
ASIAN CENTRE FOR WOMEN'S HUMAN RIGHTS
Mr. Chairman, it is an honor for me to have the opportunity to address
this historic United Nations conference of Plenipotentiaries on the establishment
of a Permanent International Criminal Court. For the Court to effectively
promote universal justice, it must incorporate gender perspectives in all
aspects, of its jurisdiction, structure and operations. The court must
be fully accessible, through an independent prosecutor, to act on the complaints
of women Survivors.
Currently, there are more than 3 J-5 countries where situations of wars and armed conflicts prevail and where violence against women is being perpetrated. The international community is struggling with the effects and implications of these armed conflicts, attempting to create a mechanism which will provide the survivors with a sense that justice has been done and which holds accountable both state and non-state actors. The international community is trying to address one of the areatest challenges facing it today, that is how to do away with impunity for past wartime atrocities. The creation of an International Criminal Court is an essential step in ending the cycle of violence against women during, armed conflict situations.
It is deeply troubling, that insufficient attention continues to be given to the violence committed against women during war and armed conflicts. Rape has been clearly listed as a war crime since the conclusion of the First World War. During, the investigation of war crimes initiated by the Allied Nations during the second World War, rape and enforced prostitution were clearly listed as a war crime. The recent indictments of the tribunal for the former Yugoslavia and Rwanda do concern acts of violence against women but there were difficulties when the investigations and prosecutions first began. The steps taken thus far do not address the full range of concerns repeatedly raised by women and women's organizations throughout the world. If this conference fails to deal adequately with the crimes committed against women, then it will be part of a process that leads to injustice for women rather than justice.
Unfortunately the historical record in this area is not good. Although extensive evidence of rapes and other forms of sexual violence was presented to the Tokyo Tribunal, the international community developed collective amnesia about the handling of this trial. Also Article 6 of the Nuremberg Charter as amended by the Berlin Protocol of 1945, explicitly named rape committed in a widespread and systematic manner as a crime against humanity. This lesson was also forgotten by the international community.
As a result when the tribunal for the former Yugoslavia was created, women had to struggle to have the crime of rape listed in the statute and to have resources devoted to the investigation of that crime. This conference must ensure that the results of its deliberations will not be the cause of yet another set back for women victims of war crimes and crimes against humanity.
The failure of the international community to address adequately the impact of armed conflict on women has undermined women's faith in the potential of war crimes trials to bring about justice.
In considering the creation of the ICC, we must ensure that its statute reflects the present state of international law. This means that the words rape, sexual slavery, enforced prostitution, enforced pregnancy, mass rape and other forms of sexual violence be used and specifically listed as war crimes, crimes against humanity and grave breaches of the human rights of women.
Mr. Chairman, for every war crime trial that fails to address all the established violations involving, sexual and gender violence, the hope of women survivors of claiming long, awaited justice dims a little more. For every war crime trial that fails to understand what happened in the past with all its gender based persecutions, the faith of women survivors in a fair and equal chance at redress is shaken a little more.
Your excellencies you are now taking significant steps in putting in place a permanent International Criminal Court that will ensure equality of justice for women and men throughout the world. Let us work together in making this a Court of justice for all.
Thank you very much.