Gender Report Card on the International Criminal ... - YWCA Canada

Trial Proceedings
explained that she assessed three victims in the
CAR and conducted psychological assessments
as part of her research. 1526 She stated that
physical effects among victims in the CAR
included tissue tears in the vaginal, bladder and
rectum areas, and injuries to the reproductive
system, including complications associated with
miscarriages. 1527 She also outlined the grave
psychological consequences among the same
victims, including PTSD, depressive symptoms
and anxiety-related symptoms. She underscored
the stigma attached to these victims. 1528
Professor William Samarin, a retired linguistics
professor from the University of Toronto, who
specialises in Baya languages, with a specific
concentration on Sango, testified as an expert
witness for the Prosecution on 24, 25, 28 and 29
March 2011. Samarin testified specifically about
the differences between Lingala and Sango. He
confirmed the conclusion set out in his report
that the average person in the CAR would be
able to recognise Lingala when it was spoken by
a Congolese person and that Central Africans
are able to identify the military force in the CAR
as the MLC because they spoke Lingala. He also
explained that victims of rape would recognise
Lingala more accurately than the average Central
African because ‘people in trauma are sensitive
to the linguistic clues around them, so when a
poor woman is being violated ... and somebody
says something in Lingala, she’s going to be
stabbed with that linguistic pronouncement,
whether it be several words or not’. 1529
Dr André Tabo, a specialist in adult psychiatry
and a psychiatric expert for the CAR judiciary,
testified as an expert witness for the Prosecution
on 12-14 April 2011 about the use of rape as a
1526 ICC-01/05-01/08-T-38-ENG, p 29 lines 7-12.
1527 ICC-01/05-01/08-T-38-ENG, p 24 lines 16-22.
1528 ICC-01/05-01/08-T-38-ENG, p 24 lines 23-25; p 25 lines
1-4; ICC-01/05-01/08-T-39-ENG, p 5-17.
1529 ICC-01/05-01/08-T-90-Red-ENG, p 6 lines 18-25.
tool of war. 1530 He defined ‘sexual violence as
a tool of war’, as rape with the use of weapons
to force a person to engage in a sexual act.
He stated that sexual violence was used in
particular against women and young girls, and
that committing sexual violence in front of
family members was also a way to humiliate
those forced to watch. Dr Tabo testified that in
his work, he had determined four motivations
for sexual violence: (i) booty-of-war; (ii)
punishment of women for their alleged support
of the enemy; (iii) destabilisation of enemy
troops and a proclamation of victory over the
opposition; 1531 and (iv) the need for sexual
release. He stated, ‘the soldiers were out-ofcontrol
and able to do whatever they wanted’. 1532
1530 ICC-01/05-01/08-T-100-ENG. The Office of the Prosecutor
had originally submitted Dr Binaifar Nowrojee, Regional
Director for East Africa of the Open Society Initiative, as
an expert testifying on sexual violence as a tool of war.
She had been approved as an expert by the Pre-Trial
Chamber over the objections of the Defence. Citing to
the ICTR’s refusal of Dr Nowrojee as an expert witness,
the Defence alleged that her testimony about whether
sexual violence is a foreseeable consequence of war
would be of a ‘speculative nature’ and would not be
impartial (ICC-01/05-01/08-T-31-ENG, p 6 lines 21-23).
The Chamber approved Dr Nowrojee as expert witness
on 29 March 2010. In a letter sent to the Prosecution on
8 September 2010, however, Dr Nowrojee declined her
appointment as expert witness because she believed
that her ‘qualifications do not squarely fit the expertise
that the court is seeking’ (ICC-01/05-01/08-896-AnxA).
Dr André Tabo was subsequently approved on 8 October
2010 (ICC-01/05-01/08-896). For more information
about this issue, see <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010, p 115-
116.
1531 ICC-01/05-01/08-T-100-ENG, p 4 lines 16-25; p 5 lines
1-17.
1532 ICC-01/05-01/08-T-100-ENG, p 8 lines 4-9.
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