Full report - International Alert

54 • Women’s Bodies as a Battleground: Sexual Violence Against Women and Girls During the War in the Democratic Republic of CongoThe age of the rape victim is also taken into account and the attack will be considered as rape for the solefact of the carnal act having been committed with a girl who is, or appears to be, under 14 years old,because a girl younger than 14 is regarded as incapable of giving her free and voluntary consent. In fact,what matters is to protect children beyond the age of puberty.The ultimate aim of the attack is also an issue for debate. The use of violence, threats or trickery is on itsown sufficient grounds for presuming guilt. Aggravating circumstances can be used against the guiltyperson, according to the consequences of the act, such as the death of the victim, for which the sentencecan be capital punishment or life imprisonment; serious deterioration in the victim’s health, punishable byten years’ imprisonment; or miscarriage following the rape.There are also aggravating circumstances that arise from the guilty person’s status, if they have someinfluence over the rape victim, or are in a position of authority over them (teacher, government official,minister of religion, medical doctor), or if the perpetrator was assisted in the rape by one or more persons.All these provisions are certainly applicable to acts of violence committed in South Kivu.Although Congolese law does not regard as rape such practices as the insertion of the penis into thevictim’s anus or mouth, nor homosexual acts carried out by force, this by no means lessens the seriousnessof these practices in the eyes of the law. They constitute a serious violation of morals and render theirperpetrators liable to punishment as severe as that for rape, ranging from five to twenty years in prison.Congolese law thus contains an abundance of provisions regarding rape and sexual violence but, inaddition to the fact that they are in need of substantial amendments, putting them into practice is stilldifficult. Moreover, contrary to the provisions of international law, Congolese legislation does not regardrape and sexual violence committed during periods of conflict as war crimes, and the relevantinternational legal instruments that have been ratified by the Congolese government have nevertheless stillnot been incorporated into the country’s statute book or applied in practice.8.3 International legal instruments ratified by the DRCOne of the most important international legal instruments is undoubtedly Article 3 common to the fourGeneva Conventions of 12 August 1949, which stipulates:“In the case of armed conflict… …occurring in the territory of one of the……Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum,the following provisions:(1) Persons taking no active part in the hostilities… …shall in all circumstances betreated humanely, without any… …distinction founded on race… …sex… …or anyother similar criteria.To this end, the following acts are and shall remain prohibited at any time and in anyplace… …:(a) Violence to life and person, in particular murder of all kinds, mutilation, crueltreatment and torture;(b) Taking of hostages;(c) Outrages upon personal dignity, in particular humiliating and degradingtreatment…” 68Article 76 of the Protocol to the Geneva Conventions of 12 August 1949 states that:“Women shall be the object of special respect and shall be protected in particular againstrape, forced prostitution and any other form of indecent assault.” 6968.United Nations, Geneva Conventions, 12 August 1949.69.United Nations, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victimsof International Armed Conflicts (Protocol 1), 8 June 1977.