Sexual Violence as a BY:

War Crime and its Legal ATIENZA

MORENTE
Consequences in the PURUGANAN
International Sphere
Flow of Discussions

Definition
Characteristics
Actors & Victims
Challenges
Actions
Relevance

Sexual Violence as a War Crime

 refers to rape, sexual slavery, forced
Conflict-related prostitution, forced pregnancy, forced
abortion, enforced sterilization, forced
sexual violence marriage, and any other form of sexual
violence linked to a conflict.

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Topic one
SUBTITLE
Characteristics of Sexual Violence in Conflict

• Continued violence and general insecurity

• Public nature of acts
• Brutality of acts
Actors

• State armed men

• Rebel groups

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Why?

• Recruitment • Political repression

• Control • Imposition of power
• Ethnic cleansing • Generate revenue
• Form of initiation

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Victims

• men and women belonging to disadvantaged socio-economic groups

• including children

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Timeline

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Content

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Actions Taken

On the Armed Men: Peacekeeping: For the victims:

• adoption of specific, time-bound • Signing of a joint • Improved access to justice
commitments and action plans communiqué pledge
by military and police forces • working on amplifying
• deployment and increased of advocacy on accountability
• requirement to implement action
the presence of women’s and support to victims
plans to prevent and address
protection advisers. • reparations
sexual violence by non-state
armed groups
• recruitment of women to
high‑level positions in the
armed forces

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2014 Global Summit to End Sexual Violence in
Conflict

What does the summit aim to achieve?

• Shatter the culture of impunity

• Take practical steps
• Support survivors
• Change attitudes

Presentation Title 12
12/11/2020 Sexual Violence as a War Crime 13
 Team

Name Name Name Name Name

Title Title Title Title Title

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Thank you!
Dave not Dove

16
5. Why state armed groups commit conflict-related
sexual.
• Recruitment
• Strengthen territorial control
• Ethnic cleansing
• Form of Initiation
• Political repression
• Rape on men and boys destroys identity as “protectors”
• Revenue for combatants

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State armed groups are likely to commit conflict-
related sexual violations.
• Based on the idea that women are spoils of war.
• It is used by the government to mollify its army.
• It is encouraged to avoid venereal infections.

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 multiple rape on an everyday basis in the 'military
comfort houses'...Allegedly, soldiers were encouraged
by their commanding officers to use the "comfort
women" facilities rather than civilian brothels 'for the
purpose of stabilizing soldiers' psychology,
encouraging their spirit and protecting them from
venereal infections', as well as a measure to prevent
looting and widespread raping during military attacks
on villages. - UN Special Rappporteur Report

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VINUYA v. THE
EXECUTIVE
SECRETARY

G.R. No. 162230, 28 April 201

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Facts:

A system of “comfort
women” were established by
the Japanese government in
response to the Rape of
Nanking.

More than 1,000 women in

the Philippines, some of
which were minors were
forcibly taken out of their
homes.

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 Reparations

Bilateral Reparations  Asian Women’s Fund

San Francisco Peace Agreement of 1956 – 198 (AWF) of1995- 4.9 billion
Treaty of 1951 billion yen yen

Source:  © @DFAPHL Source:  © AWF Foundation

Source:  © Bettmann/CORBIS
Presentation Title 22
The Petition

Petitioners Respondents
• Members of Malaya Lolas- • Department of Justice (DOJ)
• Department of Foreign Affairs
(DFA)
• Office of the Solicitor General (OSG

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Arguments

Petitioners’ argument Respondents’ argument

• waiver of claims by the Philippines in the Treaty of • all claims of the Philippines and its nationals
Peace with Japan is void relative to the war were dealt with in the San
• the comfort system established by Japan were crimes Francisco Peace Treaty of 1951
against humanity , sexual slavery and torture
• bilateral Reparations Agreement of 1956
• waiver of the claims of Filipina “comfort women” and
failing to espouse their complaints against Japan
constitutes breach of the Philippines’ legal obligation
not to afford impunity for crimes against humanity.
• violative of the international law were the acts of the
Philippine government in accepting the “apologies” of
Japan and their funds from the Asian Women’s Fund
(AWF)

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Issue:

Whether the Executive Department committed grave abuse of discretion

in not espousing petitioners’ claims for official apology and other forms
of reparations against Japan.

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Case dismissed

• In this case, the Executive Department has already decided that

it is to the best interest of the country to waive all claims of its
nationals for reparations against Japan in the Treaty of Peace
of 1951. The wisdom of such decision is not for the courts to
question. Neither could petitioners herein assail the said
determination by the Executive Department via the instant
petition for certiorari.

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 Needless to say, our government should
take the lead in protecting its citizens
against violation of their fundamental
human rights. Regrettably, it is not within
our power to order the Executive
Department to take up the petitioners’
cause. Ours is only the power to urge and
exhort the Executive Department to take
up petitioners’ cause.- SC on Vinuya Case

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Moving Forward…
Had the Philippine government
continued in the prosecution of
Japanese war-crime sexual violations,
it would have greatly appeased the
victims.
Now the Malaya Lolas, with
the help of CenterLaw,
Bertha Foundation and the
European Center for
Constitutional and Human
Rights- Berlin, continue to
voice out their cause.

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