Putin should be accused of rape, Human rights activist urges

Olena Temchenko, lawyer at the Expert Center for Human Rights writes about it. 

War has unfortunately been accompanied by rape for a long time. This is unacceptable and considered a crime against humanity and a war crime, and it is the responsibility of military commanders to prosecute soldiers who commit rape. However, in the case of Russian soldiers committing rape in Ukraine, their commanders provide implicit support, which means that the Russian leadership, including Putin himself, could be prosecuted just like Bosco Ntaganda of the Democratic Republic of Congo, who was sentenced to 30 years in prison for aiding rape, according to Olena Temchenko from the Ukrainian-based Expert Center for Human Rights.

To prevent sexual violence during war, rules and prohibitions for conducting war have been established. The prohibition of rape is directly established in the Geneva Conventions of 1949 and their Additional Protocols, as well as indirectly through the prohibition of torture and ill-treatment in both international and internal armed conflicts.

Despite the global community's unanimous stance on this issue, as well as verdicts in high-profile cases at the International Criminal Court and the establishment of criminal liability for such crimes in national courts, rape continues to be a part of 21st-century conflicts.

What happened in the Democratic Republic of the Congo

In 2002-2003, the Democratic Republic of the Congo saw non-international armed conflict between the Union of Congolese Patriots (UPC) and the Patriotic Forces for the Liberation of Congo (FPLC) in the province of Ituri. The leader of these groups was Bosco Ntagandu. During this conflict, soldiers from the UPC and FPLC committed heinous acts, including the rape of women, children, and men.

In February 2003, UPC/FPLC units successfully attacked the village of Kobu and nearby villages, taking prisoners and continuing to rape women and some men. The murder of a woman defending herself from her rapists was confirmed.

Tragically, even children were not spared from these atrocities. For instance, Nadezh, a nine-year-old girl who was taken to study at the Lingo camp, was raped and later died from her injuries. Another girl, less than 15 years old, was repeatedly raped by multiple soldiers after being forcibly detained in the Appartements camp in Mongbwal.

The International Criminal Court's investigation in the case of Prosecutor vs. Bosco Ntaganda (ICC-01/04-02/06) concluded that the UPC/FPLC's actions against the civilian population were part of a premeditated strategy aimed at targeting them. The crimes were committed in accordance with the policy of the UPC/FPLC, in which Bosco Ntaganda played an essential military role.

Military operations in the Democratic Republic of the Congo reportedly included rapes despite claims made by certain commanders that soldiers who committed such acts would be shot. No member of the UPC/FPLC formation faced punishment for these crimes. 

Although Bosco Ntaganda was not directly implicated in some cases of rape against civilians, the International Criminal Court found him guilty on 8 July 2019 of 18 counts of war crimes and crimes against humanity. As an indirect perpetrator, he was found guilty of rape as a crime against humanity and as a war crime, and received a 30-year prison sentence under Article 25(3)(a) of the Rome Statute.

Cases of rape in Ukraine

Russian military personnel committed mass rapes against the civilian population during the full-scale invasion of Ukraine by the Russian Federation. After Ukrainian territories were liberated, incidents of rape by the Russian military against civilians were exposed. 

In Kyiv region, in March 2022, two Russian soldiers raped a 22-year-old woman multiple times, sexually assaulted her husband, and coerced the couple to have sexual intercourse in their presence. One of the soldiers also forced the couple's four-year-old daughter to engage in oral sex, which is considered rape. 

In another village, Russian soldiers abducted two women and fatally shot a man who attempted to protect his wife. The women were then taken to a room where they were raped and sexually assaulted. 

In Kharkiv region, on 13 March 2022, a Russian soldier threatened a woman with a weapon and raped her, while also cutting her neck and cheek with a knife and beating her in the face. 

A case was recorded when eight Russian soldiers raped a man who was stopped at a checkpoint.

Russian commanders encourage subordinates' behavior

Witnesses also reported instances where commanders either organized or condoned rape by their subordinates, as in the case where three military men, one being a commander, entered a private home and ordered the woman inside to follow them, explaining that their soldiers wanted to "relax" after drinking, resulting in her being raped.

Russian military personnel have been implicated in a number of crimes that align with the definition of rape as a war crime and crime against humanity, as outlined in the International Criminal Court's interpretation of Articles 7 and 8 of the Rome Statute. These crimes, along with others, are well-documented.

Despite the evidence, Russian commanders have failed to implement disciplinary measures to prevent further crimes or hold perpetrators accountable. Wayne Jordash, a British lawyer who provides counsel to Ukrainian prosecutors, has noted that in his review of 30 cases, there were indications of commanders' tacit approval of these actions.

All detected crimes are being investigated by the law enforcement agencies of Ukraine. 

As of March 4, 2023, the Prosecutor's Office of Ukraine has recorded 171 cases of sexual violence related to the military conflict, with the majority of cases in Kherson and Kyiv oblasts. The victims include 39 men, 13 minors (including a boy), and the rest are women. 

However, due to the sensitive nature of these crimes, it is possible that there are many more cases that have gone unreported. Human rights defenders estimate that 90% of sexual violence cases related to the conflict are not reported due to social stigma. This is a common phenomenon worldwide, as victims of such crimes may feel ashamed and choose not to report or assist with investigations. 

Expert Maeve Lewis, testifying during the International Criminal Court hearing of Ntaganda, claimed that women often hide the fact of their rape to avoid social consequences. The prosecution of alleged rapists and their commanders based on Article 28 of the Rome Statute could significantly change this situation.

Olena Temchenko holds the belief that Russia's top leadership should be held accountable for the Bosco Ntaganda case. Despite this, the Russian military and political leadership reject claims of sexual crimes, including rape, committed by their military personnel. These crimes are not investigated or prosecuted by Russia, and units where sexual violence, including against children, has occurred, have even received awards.

For justice to be served and government officials, military commanders, and direct perpetrators to be prosecuted for rape as a war crime and crime against humanity, it is crucial to thoroughly document instances of rape and present them to the International Criminal Court. This will require careful attention to detail and a commitment to gathering all necessary evidence.