Sexual violence during four decades of civil war in Shan State and international law terminology

Sexual violence during four decades of civil war in Shan State and international law terminology

Most of the information collected in this report covers cases of rape committed by the Burmese military in the past six years. However, sexual violence has been commonplace in Shan State during the past four decades, since the Burmese military began operations against the ethnic resistance forces in the late 1950s. 

The context of the civil war has given Burmese troops licence to practice sexual violence against local ethnic women with impunity. As potential supporters of the resistance, women are perceived as legitimate targets for violence. Sexual violence serves the multiple purpose of not only terrorizing local communities into submission, but also flaunting the power of the dominant troops over the enemy's women, and thereby humiliating and demoralizing resistance forces. Furthermore, it serves as a "reward" to troops for fighting in the war.

Ethnic factors have exacerbated the tendency to violence, as the military regime has deliberately deployed troops of other ethnicities in the various ethnic states. Alienation of the troops from the local communities, and Burmese nationalist sentiment fuelled by propaganda, facilitates violence, including sexual violence, against the local ethnic civilians. 

The regime has continued to build up its army over the past decade, and has increased the number of troops deployed in the ethnic states, which has inevitably led to an increase in sexual violence.

Despite the fact that Burma is a signatory to the 1949 Geneva Conventions¹, the regime has never sought to enforce these laws amongst its army. When reading this report, the following terminology should be kept in mind.

War crimes cover grave breaches of the Geneva Conventions of 1949 and other serious violations of the laws of war, committed on a large scale in international as well as internal armed conflicts. Although the articles do not refer to rape and other crimes of sexual violence specifically when defining grave breaches, the International Committee of the Red Cross (ICRC), among others, has interpreted rape to be an example of "torture or inhuman treatment" or "willfully causing great suffering or serious injury to body or health," which are both grave breaches. 

Genocide covers those specifically listed prohibited acts (e.g. killing, causing serious harm) committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group². Although Burma is not a party to the Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention), the Convention has arguably become customary international law obligating all States.

Crimes against humanity cover those specifically listed prohibited acts ('inhumane acts of a very serious nature') when committed as part of a widespread or systematic attack directed against any civilian population on national, political, ethnic, racial or religious grounds³. Such acts include murder, extermination, rape, sexual slavery, the enforced disappearance of persons and the crime of apartheid⁴. 

Genocide and war crimes against humanity are punishable irrespective of whether they are committed in time of 'peace' or of war.