“Such incites the brutality of both parties”

On the outskirts of Kiev, two drunken Russian soldiers entered the yard of the house. They robbed the residents of their belongings and accused the host of the house of being a Nazi. The soldiers shot the man and raped the wife. The family’s 4-year-old boy was crying in the boiler room next door. The case tells about, among other things The Times (moving to another service)who has interviewed the victim at the end of March.

The soldiers left the scene and the mother of the family tried to entice the boy to flee. But the soldiers returned and raped the woman again. Eventually the men fell asleep and the woman managed to escape to the neighbor with her son.

The dead man’s sister took the wife to the police to report what had happened. When the Prosecutor General of Ukraine Iryna Venediktova said a formal investigation into the case will be launched, the Kremlin’s press secretary said Dimitri Peskov according to the news agency Interfax, responded to the accusation: “It is a lie”.

The extent of rape and sexual violence in Ukraine is currently unknown. Cases have been uncovered as Ukraine takes over territories occupied by Russian forces.

Ukrainian authorities have been reporting rapes against civilians since March. The Office of the UN High Commissioner for Human Rights says it is investigating allegations of sexual violence during the attack on Ukraine.

Also human rights organizations such as Human Rights Watch (switch to another service), have reported rapes in Ukraine. In the Kharkiv region, for example, a woman hiding with her family in a school building said she was repeatedly raped by a Russian soldier in March. The soldier had also beaten and incised him. HRW has verified the events by interviewing victims and witnesses.

Rape and other sexual violence in wars are war crimes. Rape can also be a crime against humanity when acts are part of a systematic attack on the civilian population.

– Sexual violence usually has serious and far-reaching consequences. Diseases, Unwanted Pregnancies, Stigmatization and Related Shame, Lists Legal Adviser to the Finnish Red Cross Jani Leino in a telephone interview.

He states that rape and sexual violence are classified as war crimes if they occur during the war and the act is related to the war.

Rape has been perpetrated in wars throughout human history, but has been identified and classified as a war crime relatively late, points out Amnesty’s expert on gender and sexual discrimination Pia Puu Oksanen.

– The wars in Rwanda and Yugoslavia were watersheds. In these conflicts, the courts that investigated war crimes recognized the systematic nature of sexual violence, Oksanen tells on the phone.

Oksanen estimates that before the atrocities of the wars of the 1990s, rape as a war crime had been largely ignored. In 2002, the International Criminal Court drew up the Rome Statute, which identified rape and sexual violence as war crimes. UN resolutions in 2008 also stated that sexual violence was a weapon.

At the same time, the lack of consent in the definition of rape was raised. According to Oksanen, it is significant, because the crime must be assessed in the light of the prevailing circumstances: whether there was consent without any coercion or threat.

– It was also significant that it is not just about rape. The scale of sexual violence is wide.

It is still unclear whether this is a systematic operation in Ukraine or an individual case due, for example, to the indiscipline of Russian forces.

According to Jani Leino, the legal adviser of the Finnish Red Cross, it is difficult to bring perpetrators of war crimes before international or national courts. In particular, tackling sexual offenses combines three different challenges. First, even in peacetime, there may be difficulties in criminalizing such acts.

– In addition, there are challenges in how to gather evidence in a war situation, and thirdly, how to hold a person accountable for their actions.

Leino reminds that the victim should see a doctor within 72 hours of what happened.

– It is important for the prevention of diseases and pregnancy, as well as for gathering evidence. This is really challenging in a conflict zone.

Russian troops have been accused in the past of raping during the war. The last time this happened was during the conquest of Crimea.

Oksanen points out that conflicts in general increase all violence in the region.

– It’s really researched and recognized. Sexual harassment is also becoming more common.

When sexual violence is committed in a planned manner, the enemy wants to leave the other party with proof of his ruthlessness.

– They leave a message: “You are incapable of protecting civilians from rape.” It is difficult for the community to deal with this war trauma, and the victims may have their backs turned, Oksanen describes.

Your own community may also urge the victims to be silent about what happened, Oksanen reminds.

– The act may be carried out in such a shameful way that it is difficult to talk about it. For example, if family members are forced to participate as viewers or perpetrators.

The fact that some victims have reported rapes to the media and human rights organizations suggests that the stigma associated with sexual violence is not silencing victims in Ukraine.

– It is easier to report violence when the perpetrator represents the enemy. It may be that in Ukraine the community supports people who have experienced sexual violence, but it will only be revealed over time, Oksanen says.

Suspicions of war crimes complicate peace talks. Already, experts have estimated that Russia will isolate itself when the events in Bashan came to light.

– Sexual violence in a conflict raises fears that the conflict will worsen. That kind of incites the brutality of both parties, Oksanen says.

– It is destructive violence against civilians. The international community must demand commitments from both parties, he adds.

Oksanen points out that if the intention is to build lasting peace, women must also be involved in the negotiations.

– It helps to reduce inequality during the war.

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