Exchanging Rapists:

The Rape of Sudanese Women in Chadian Refugee Camps:

Who should be Held Responsible under International Law?

Debra Lefing*  


I.  Introduction

I went with a group of women searching for firewood at the border, but I was alone when I was attacked.  A man from Chad, not a solider, caught me, beat me, and raped me.  Afterwards I became sick, with fever and dizziness.  My arms and legs and belly swelled up and I was yellow.  I went to the clinic, but I could only get paracetamol and fluid.  When my husband came back some months later and found that I was pregnant, he left me.  Now I have two babies from this, but not enough milk or food.  I am very sad.[1]

This story is one account of a Sudanese refugee woman in Chad.  There are currently 200,000 Sudanese refugees located in twelve Chadian refugee camps.[2]  With many of the men in Sudan "killed, imprisoned, or off to war, women in the Darfur region constitute large majorities of the population in refugee camps and in those villages that remain."[3]  In fact, many of these women choose to flee to Chad to escape the sexual violence they have experienced in Sudan.[4]

Rape has frequently been used as an element of government and Janjaweed attacks on the civilian populations in Sudan.[5]  It has been used as a "deliberate strategy with a view to achieve certain objectives, including terrorizing the population, ensuring control over the movement of the IDP population and perpetuating its displacement."[6]  In the Darfur region alone, the U.S. State Department found that twenty percent of refugees interviewed had witnessed a rape during the attacks.[7]  

There is documentation of "multiple perpetrators [committing rape against] large numbers of women and girls . . . by Sudanese government forces and militias."[8]  The United Nations High Commissioner for Human Rights (UNHCR) concluded that "rape and gang rape continue to be perpetrated by armed elements in Darfur, some of whom are members of law enforcement agencies and the armed forces, and the Government appears either unable or unwilling to hold them accountable."[9]  The Commission also noted that Sudanese police officials often refuse to register and investigate allegations of sexual violence made by women.[10]

The women and girls fleeing this sexual torment are not safe once they have left.  Rather, when they arrive in refugee camps outside Sudan in Chad, they are faced with this same violence.[11]  They are exchanging one rapist, the Janjaweed or other military or state rapists, for another in Chad.  Women and girls in these refugee camps are being raped by Chadian armed forces and militia, Sudanese armed forces and militia, and other refugees.[12]  This must be stopped.  How much violence must this group continue to suffer before the international community steps in and says enough?  This paper sets forth the legal basis for the international community to respond to these rapes as a means to strengthen the effort of the international community in this endeavor.  It is my hope that in writing this, the message to the world to help will be louder and stronger. 

More specifically, Part II examines the sexual violence in these refugee camps.  Part III sets forth how to hold Sudanese and Chadian armed forces and militia responsible for these rapes under international law.  Part V examines the culpability of rapes by other refugees under international law.  Finally, Part VI suggests who should be held responsible for these rapes to prevent future rapes from occurring not only in the refugee camps in Chad, but in all refugee camps around the world. 

II.   The Rapes in Chadian Refugee Camps

Cases of rape and violence against women in refugee camps are well documented and are nothing new.[13]   Refugee women are vulnerable in refugee camps.[14]  "Local residents, military and immigration officers, and police often view refugee women as easy targets for assault."[15]  Refugee women are often the targets for sexual abuse by fellow refugees.[16]  This is because "the frustration of camp life can lead to increased domestic violence including sexual abuse within the family."[17]

The conditions of dependency in the camps make women vulnerable to sexual violence or assault.[18]  "Refugees, particularly women, are likely to be dependent on others for food or assistance."[19] Thus, there is a demand for "sexual access in exchange for such assistance."[20]  When "there is no opportunity for work in the camp, or where camp administrative systems do not ensure that women receive their rations, the difficulty of meeting basic subsistence needs often leads women or girls to prostitute themselves in exchange for food, shelter, and protection."[21]  

Also, "[r]efugee women and girls may also be vulnerable to sexual violence because of the design and layout of the camp."[22]   Several areas of the camps "provide opportunities for rapists to strike."[23]   Many females go into the forests for privacy because the male and female bathrooms are in the same areas.[24]  In addition, the passageways to the bathrooms are not well lit.[25] 

However, rapes in refugee camps in Chad are not well recorded.[26]  This is not surprising considering the shame attached to being raped and the lack of support services for survivors.[27]  Rapes of Sudanese women occur while they are collecting water, fuel, or grass near the Sudan-Chadian border.[28]  Women collect firewood customarily in Sudanese cultures and in refugee camps, they also collect firewood because men judge that women are less at risk of being killed by armed groups outside the camps.[29]   In fact, UNHCR relocated thousands of refugees from the border to camps further inside Chad in 2004 because of this violence.[30]  UNHCR also hired a community services assistant in its camps to report rapes, domestic violence cases, and to "deal with the perpetrators."[31]

Besides being raped by the border, some Sudanese "women and girls may also be coerced by male residents of the camp and others, such as Chadian [police], to provide ‘sexual services' in exchange for their ‘protection.'"[32]  "These women and girls may also be seen as ‘easily accessible' by men" in the camp itself.[33]  One twenty-six year old refugee women said, "It is not safe inside the camp.  I have no husband.  Many men have forced me to be their wife."[34]

Additionally, women and girls living alone in refugee camps risk sexual assaults because they have no protection.  One such example is a sixteen year old girl who was "raped by three men" as she was gathering firewood near the town where she was seeking refuge with her family.[35]  After she was raped, "her family . . . threw her out of her home and her fiancé broke off their engagement because she was ‘disgraced.'"[36]  "Forced to live alone, she was subjected to further violence, including rape, at the hands of the local police who came to her dwelling at night."[37] 

Unregistered refugee women and girls are also susceptible to this.  Human Rights Watch found that about 18,000 unregistered refugees who live in the dry river beds or along the roads to the camps are women and children.[38]  These refugees do not have even the minimal security that the refugees in camps have.[39]  They are literally out in the open, without even having a tent for cover and thus are open targets for rapists.[40] 

Sudanese women and girls are being assaulted and raped by members of Sudanese and Chadian militias and armed groups and other refugees.[41]   In all cases, "according to victims, local contacts, and humanitarian agencies, [these rapes] occur with complete impunity-no one has been caught or punished."[42]  In fact while there is information disseminated on the rapes, there is no information set forth about holding anyone responsible for them.  Rather, there is only information on preventing rapes and providing services to rape victims.[43]  This paper is not trying to dismiss the importance of this support.  It does, however, seek to present another method to combat rapes which is ignored.  The next two sections focus on how to hold the individual rapists responsible under international law. 

III. Rapes by Chadenese and Sudanese Government Soldiers and Armed Groups

A. International Humanitarian Law

Humanitarian law historically has governed the wartime relationship of belligerent states and protected persons, which included enemy persons and neutrals, but not a state's own nationals.  For protections under humanitarian law to apply, an armed conflict must exist and the person claiming protection must be in a membership in a designated group.[44]  "The group may be either one of combatants . . . or one of protected persons."[45]

If refugees are in a state involved in an armed conflict, they receive special protection under the Fourth Geneva Convention and under the First Protocol if the conflict is international in scope.  This recognizes the vulnerability of refugees in the hands of a party to a conflict and the absence of protection by their state of nationality."[46]   Refugees would thus be a protected class of civilians. Additionally, only nationals in another state of involved in the conflict are protected by the Convention if they are nationals of a state party to it.[47] 

For a conflict to be termed an "international armed conflict," it has to be between two sovereign States.  International armed conflicts include: (1) the use of force in a warlike manner between States, whether or not they recognize themselves being at war; (2) all "measures short of war" whether or not they are compatible with Article 2(4) of the UN Charter; and (3) wars of national liberation as set out in Article 1(4) of the 1977 Protocol I Additional to the Four Geneva Conventions of 1949.[48] When there is an exchange of hostilities between two or more States, international law considers this sufficient to trigger international humanitarian law.  Therefore, when parties to a conflict commit atrocities, their actions are measured by the rules of international humanitarian law, primarily the Four Geneva Conventions of 1949.[49]  There are also additional protocols to the conventions principally Protocol I.[50]

Under the Geneva Conventions, there is presently an international armed conflict between Chad and Sudan.[51]  For decades, both the Sudanese and Chadian governments have intermittently supported rebel activity against each other along their common border.[52]  However, attacks against Chadian civilians significantly increased after a December 2005 attack by Chadian rebels who were supported by the Sudanese government.[53]  In response, Chad redeployed its forces leaving gaps wide open on its border which the Janjaweed took advantage of, staging raids into Chad with greater frequency.[54]

There continues to be cross-border hostiles between Chad and Sudan.[55]  In fact, as of March 2008, the Presidents of Chad and Sudan signed a non-aggression agreement in March 2008 to halt the hostilities between the two nations.[56]  This was short-lived; in April 2008, Sudan accused Chad of attacking its troops and of bombing a village in Darfur.[57]  Sudan promised to respond to what it called "aggressive and serious violations" of the peace agreement.[58]  This exchange of hostiles between Chad and Sudan has been noted by the international community.[59] Since there is an international armed conflict between Chad and Sudan, the refugees located in Chad are entitled to the protections in the Fourth Geneva Convention and under the First Protocol.[60]

The provisions of the Fourth Geneva Convention and the First Protocol that address sexual violence against women are based on the general notion of respect for the person, honor, and family rights.[61]  The first specific reference to rape and other forms of sexual mistreatment is found in Article 27 of the Fourth Geneva Convention.[62]  It states, "women shall be especially protected against any attack of their honour, in particular against rape, enforced prostitution, or any form of indecent assault."[63]  However, under the same article, individuals remain vulnerable to activities of their own nation because it is silent on the actions of a state against its own actors.[64]

Under Protocol I, all individuals in the conflict territory have certain fundamental protections.[65]  The protections are illustrated in Article 75 of Protocol I where it prohibits military or civilian "outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution, and any form of indecent assault."[66]  These protections focus on "humiliating and degrading" acts that do not cause direct physical harm but instead aim to harm through humiliation and ridicule.[67]  Although Article 75 does not specifically include rape, it is expressly mentioned in Article 76:  "women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and other forms of indecent assault."[68]

International humanitarian law is one of the few areas of international law that imposes individual criminal liability for the breach of its provisions.[69]  In order to continue a war crime for individual responsibility, the individuals must have committed a serious act.[70]  These serious acts are referred to as "grave breaches" in the four Geneva Conventions and invoke such individual responsibility.[71]  "Grave breaches" include acts that are "committed against persons or property protected by the present Convention:  willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health."[72] 

The Geneva Conventions have not specified sanctions for individuals who commit "grave breaches" but instead have imposed a duty on States to create legislation.[73]  Under the Convention, States have an obligation to "actively search for those who are alleged to have committed grave breaches," and if the individuals are within their jurisdiction, States must either bring them before their courts or extradite them for the purpose of imposing liability.[74]

Sexual violence has always been implied in the definition of "grave breach" in the Geneva Conventions of 1949.[75]  Rape and other sexual violence may qualify under Article 147 as a grave breach despite not being expressly listed because it could fall under "inhuman treatment."[76]  Additionally, the International Committee of the Red Cross has been of the view that rape constitutes a grave breach by way of "willfully causing great suffering or serious injury to the body or health,"[77] and "the U.S. Department of State said that it supports the categorization of rape as a grave breach."[78]  Lastly, the United Nations Investigating Commission in Rwanda formally recognizes rape as a grave breach of the conventions.[79]

There is current case law on rape defined as a war crime. In the case of Furundzija, the Trial Chamber examined Article 3 of the International Criminal Tribunal for the Former Yugoslavia (ICTY) which provides the court the power to prosecute persons violating the law of war.[80] The court confirmed that Article 3 covers "any serious violation of a rule of customary international humanitarian law, entailing under international customary or conventional law, the individual criminal responsibility of the person breaching the rule."[81]  The Trial Chamber found "rape and other serious sexual assaults" to be acts falling within the definition.[82]    The rapes of Sudanese women would meet this definition of a war crime.  This application will be examined in the following section.  

B.  International Criminal Law

The Rome Statute of the International Criminal Court extends the recognition of sexual violence as a war crime, by expressly referring to "rape, sexual slavery, enforced prostitution, forced pregnancy . . . enforced sterilization or any other form of sexual violence also constituting a grave breach of the Geneva Conventions."[83]  It also codified the customary international law rule that rape is a grave beach with the additional language "also constituting a grave breach of the Geneva Conventions."[84]

The matter of prosecuting the rapes of Sudanese women in Chadian refugee camps would meet this definition under the existing case law of the international criminal tribunals. The International Criminal Tribunal for Rwanda (ICTR) specifically lists rape as a serious violation of Common Article 3 of the Geneva Convention.[85]  Under this definition, the ICTR has determined that the elements or rape under this provision are "a physical invasion of a sexual nature, committed on a person under circumstances which are coercive."[86] The rapes of Sudanese women are of a physical invasion as they occur with the penetration of women by men.  With this act, women are impregnated, HIV/AIDS is transferred, and women sustain other injuries.[87] 

These rapes also were committed under coercive circumstances.  First, there are accounts of rapes being physically unwanted.[88]  Second, rapes occurred under coercive circumstances even where the victim felt she had to consent to having sex in order to survive.[89]   The ICTY has determined that coercive circumstances such as "military headquarters, detention centers and apartments maintained as soldiers' residences" make consent to sexual acts impossible.[90] This is because such detention amounts to "circumstances that were so coercive as to negate any possibility of consent."[91]

Refugee camps are tantamount to detention centers, military headquarters, and apartments maintained as soldier's residences because they similarly are not under the control of the victim, rather someone else or some entity is controlling their everyday life.  Also, they are all similar because the residents are in a state of survival mode, trying to get by day to day and doing whatever is necessary.  Thus, even if a women refugee consents to sex, under existing tribunal case law, it would be rape.

The Rome Statute also provides a definitive formulation of crimes against humanity that include " . . .rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any form of sexual violence of comparable gravity."[92]  Rape as a crime against humanity is not new.  The ICTY and ICTR have listed this explicitly in their statutes[93] and rape has successfully been prosecuted in these tribunals.[94]  Thus, even if a woman refugee consents to sex, under existing tribunal law, it would be rape.[95]

The rapes of Sudanese refugees meet the definition of crimes against humanity.  Under the Rome Statute, a crime against humanity occurs when rapes are "committed as part of a widespread or systematic attack directed against any civilian population with knowledge of the attack."[96]   The rapes meet either the definition of a widespread attack or systematic attack as well.  Case law from the international tribunals helps to flesh this definition out. 

Widespread has been defined by the ICTY as "a crime committed on a large scale by the cumulative effect of a series of inhumane acts or the singular effect of an inhumane act of extraordinary magnitude."[97]   The raping of Sudanese refugees might be committed on a large scale; however, with so many undocumented rapes this may be difficult to prove.  But the rapes could constitute a singular effect of an inhumane act of extraordinary magnitude.  The rape of a woman one at a time creates extraordinary magnitude as a rape causes extreme physical and psychological drama.[98]  The effects are limited not only to the individual victim but can effect the victim's family, social group, or ethnic group.[99]

If the widespread element is not met, the element ‘systematic' would be found.  This "element requires an organised nature of the acts and the improbability of their random occurrence."[100]  The ICTR determined that "the concept of ‘systematic' may be defined as thoroughly organized and following a regular pattern on the basis of a common policy involving substantial public or private resources."[101]  There is no requirement that this policy must be adopted formally as the policy of a state.[102]  There must however be some kind of preconceived plan or policy.[103]  The rape of Sudanese refugees can be seen as a preconceived plan or policy, and in fact, the International Commission of Inquiry established by the Secretary-General found that "many of the alleged crimes documented in Darfur have been widespread and systematic."[104] 

The rapes by the Janjaweed of Sudanese militia are an extension of the attacks of the Janjaweed in Darfur.[105]  The Janjaweed are continuing their attacks against the non-Arabs in Sudan by following them to the refugee camps.[106]  With regard to the Chadian soldiers, there is evidence that a Chadian rebel group, the Rally for Democracy and Freedom (RDL), is working with the Janjaweed and receives support from the Sudanese government forces.[107] Thus, rapes by the RDL against the Sudanese women would satisfy the definition of systematic as well.

 The Rome Statute further defines an attack directed against any civilian population as a "course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack."[108]  This definition of attack is met here.  The refugees are civilians[109] and as set forth above, the Janjaweed and the RDL with the help of the Sudanese government are raping as part of their attack against Sudanese non-Arabs.

For the individual rapists to be tried under international criminal law the only appropriate available venue would be the International Criminal Court (ICC).[110]  This is because there is no international tribunal set up for the crimes in Darfur or Chad.[111]  In fact, the conflict in Darfur has been referred to the ICC by the Security Counsel of the United Nations.[112]  Furthermore, the domestic legal systems of Sudan and Chad would not provide justice to the victims of rape.[113]  As such, a strong prosecution of the rapists would not take place in these countries.  

For the ICC to exercise jurisdiction, the issue must be referred to it by the Security Counsel since neither Sudan nor Chad have ratified the Rome Statute.[114]  The ICC has jurisdiction only over situations involved in the conflict if it occurred on the territory of a state that has accepted the court's jurisdiction; was committed by the national of such a state;[115] or if the security counsel referrers the situation to the court regardless if the party involved has accepted the state's jurisdiction.[116]

The ICC can establish jurisdiction under this provision only once it determines that the country referred is "unwilling or unable genuinely to carry out the investigation or prosecution."[117]  With regard to the Darfur situation referred to the ICC, the court has already made this determination and has thus declared jurisdiction.[118] Sudan has attempted to ward off the ICC by establishing its own court to investigate crimes in Darfur, called the Special Court for Darfur.[119] Opened in 2005, this court has conducted very few prosecutions and Human Rights Watch believes that it will never touch the government and military leaders who planned the rapes of Sudanese women.[120] 

Even if the Special Court for Darfur or another court in Sudan was to begin prosecuting rapists, the rape laws in the country are significant obstacles for obtaining any justice for victims of rape.[121]  One example is the rape laws themselves in Sudan, which are intertwined with adultery laws.[122]  Rape is defined as the offense of "zina," which means adultery.[123]  Rape under this definition is defined as unconsented intercourse between a man and a woman who are not married to one another.[124]  If a woman cannot prove that she did not consent to sex, she becomes at risk to being charged with adultery because she has confessed to sex outside marriage.[125]  Thus, even if a woman wants to prosecute for rape in Sudan, its rape laws stand as a hindrance to her obtaining any justice.

The ICC would similarly find Chad unwilling or unable genuinely to carry out the investigation or prosecution.  According to the U.S. Department of State, there has been no redress of rapes committed by security forces in Chad.[126]  Police also rarely intervene in matters of rape and sexual assault when they are notified of these incidents.[127]  Chad's modus operandi with regard to prosecuting rapes has been one of ignorance and non-activity.  There is no indication that the country would change this behavior to prosecute the rapists of refugees. 

IV. Rapes by Other Refugees

It would be difficult to prosecute refugees who rape other refuges under international humanitarian law and international criminal law.  For an actor to be tried under international humanitarian law, he or she must be have committed the act as a State party or as a member of an armed opposition group.[128]  Both qualifications would both be hard to prove because refugees are civilians and would not be involved in hostilities that would be classified as a war crime.[129]

A civilian's behavior would likely not be tantamount to the enumerated offenses in the Rome Statute as it would be difficult to show the offense of crimes against humanity or genocide with a person acting alone in his individual capacity.[130]   Because the refugees are primarily Sudanese, to prosecute an individual for a crime against humanity, the prosecutor would have to show that there was a state or organizational policy to hurt the rapist's own ethnic or national group, or that the rapists wanted to destroy his own race for genocide.[131]

However, international human rights law may provide redress for victims who are raped by other refugees.[132]  Unlike international humanitarian law and international criminal law, "human rights law is applicable at all times"[133] and bind[s] governments in their relations with individuals."[134]  Human rights law is set forth in universal and regional instruments.[135]  Chad is a signatory to human rights instruments which provide for protection of the refugees as they are situated on its soil.[136]  "Under general international law, the State has an obligation of due diligence to protect the enjoyment of the rights of individuals."[137] Chad is party to numerous human rights treaties that mandate specific obligations to protect Sudanese refugees on its territory.[138]

A.  Holding Chad Responsible under International Human Rights Law

The International Covenant for Political and Civil Rights (ICCPR) prohibits rape through its enumerated prohibition against cruel, inhumane and degrading treatment.[139] This instrument protects individuals from rape by placing an affirmative duty upon states to implement preventative measures, compensate victims, investigate allegations, and find effective solutions for those who violate human rights.[140] 

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) contains guarantees "of equality and freedom from discrimination by the state and by private actors in all areas of public and private life."[141] CEDAW specifically prohibits violence against women, namely "physical, sexual, and psychological violence occurring within the general community, including rape."[142] 

The Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment ("Torture Convention") protects against all forms of torture.[143]  The Torture Convention's prohibition of torture is interpreted to forbid rape.[144]

Chad could be held responsible under ICCPR, CEDAW, and the Torture Convention as it does not have its own security measures in camp to prevent the refugees from being raped.[145]  Additionally, the State could be held responsible under ICCPR as the State seemingly does not investigate allegations of rape.[146]  For example, Chadian law enforcement officers regularly refuse to intervene when people are attacked outside the refugee camps.[147]  The Chadian President has also failed to deploy a United Nations multidimensional task force to look after the people in Chad.[148]

B. Holding UNHCR Responsible under International Human Rights Law

UNHCR "has at least some limited responsibility to enforce human rights norms."[149]  When UNHCR undertakes responsibility for providing basic services, such as education, health care, and food in refugee camps, the agency transforms into a quasi-state in some regard.[150]  UNHCR additionally signs "memoranda of understanding with the host government that allow it to take on certain state-like functions."[151] The transfer of state-like power "from the government to the UNHCR supports the state-like character of UNHCR's operations."[152] 

Day to day, the functions of UNHCR are that of a municipal government in the refugee camps "by overseeing camp committees, providing basic legal services, including status determination, and running marketplaces."[153]  By taking primary responsibility for refugee status determination, UNHCR plays a pivotal role in choosing who shall be classified as a citizen of the "state-like entity."[154]   UNHCR also manages the dirt roads that lead from neighboring towns to the camps, and it coordinates with other groups to transport essential supplies to the camps from the east.[155] 

UNHCR's state-like character gives it certain responsibilities under international human rights law.[156]  However, the scope of this responsibility may be determined by the circumstances in which UNHCR exercises its legal personality.[157]  First, UNHCR would be bound by the provisions of the memorandum of understanding and the responsibilities the host state has delegated to UNHCR.[158]  Thus, UNHCR would "only be able to govern according to human rights law insofar as the state will allow it."[159]  Second, with regard to those responsibilities, UNHCR would be bound by the human rights law to which the state is obligated to follow.[160]  

Chad and UNHCR have a Memorandum of Understanding with regard to the refugee camps.[161]  According to this memorandum, Chadian "police . . . have been deployed to the camps to improve physical protection of refugees."[162]  In other words, Chad has agreed to provide its own police force to act as security in the camps.[163]    Meanwhile, UNHCR provides food and non-food aid to the refugees.[164]  UNCHR is also responsible for the physical layout of the camps.[165]  However, the refugee camps in Chad are not fenced off by a physical boundary providing easy access to the Janjaweed, other Sudanese militia, and Chadian militias to rape refugees.[166]   

UNHCR could be responsible under international human rights law for rapes occurring in and outside the camp because it is responsible for the physical layout of the camp,[167] and it selects refugees who meet the status determination to reside in the camp.[168]  Thus, it can be argued that UNHCR has had a direct hand in selecting the rapists who live along side their victims.

V. Who Should be Held Accountable for these Rapes to Most Effectively Prevent Future Rapes in Refugee Camps and to Redress the Rights of Victims?

Human rights law, compared to international criminal law, is inadequate to combat rapes of Sudanese refugees and to redress victim's rights, because, though it enumerates substantive rights, it lacks direct enforcement mechanisms.[169]  The ICCPR, for example, is administered by the United Nations Human Rights Committee which only "monitor[s] state compliance with the Covenant by means of examining state reports, inter-state and individual complaints."[170]   It is highly unlikely that individual complaints against Chad will be submitted to this Committee because there are very few such complaints actually filed under the ICCPR and none are against Chad.[171]  It is also important to note that the Committee's decision is not legally binding under international law.[172]  

Similarly, CEDAW lacks any sort of enforcement mechanism and only has a monitoring procedure which is obligatory for states parties.[173]  This monitoring procedure requires states of the Convention to submit regular reports on the steps that they have taken to give effect to their obligations under the Convention.[174]  It is highly unlikely that Chad will submit the rapes in the refugee camps because, to date, Chad has not submitted even one report to the CEDAW committee.[175] 

Under the Torture Convention, "each state party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation."[176]  Every state party also has to "submit regular reports to the Committee on how the rights are being implemented."[177] In some instances, the Committee can also consider individual complaints.[178] Again, it is highly unlikely that Chad will submit a report to the Torture Committee with regard to these rapes as it currently has outstanding reports due to the Committee.[179] 

Individual rape victims will probably not file an individual complaint against Chad because they may lack the resources or knowledge to fill out the complaint.  Even if they contemplated filing such a complaint, the informational requirements, such as a present address, would make it hard for the victim to communicate with the Committee.[180]  A victim will also be busy obtaining food and supplies necessary for survival and prosecuting her attacker may not be of high priority.

It would also be impractical to hold UNHCR responsible for these rapes.  There is no enforcement mechanism in place for this and it may not be feasible to try to create one when the UNHCR is trying to first provide for food, health care, and education. On the other hand, international criminal law has a strong enforcement mechanism in place, providing for actual sentencing of guilty perpetrators.[181]  Such "judicial processes can be very valuable in validating victims by recognizing that the events happened, that they caused the victims great suffering, and that they were wrong."[182]  "Victims in Argentina received such benefits from the successful mid-1980's prosecution of military officers for atrocities committed during the 1976-83 dictatorship."[183]  

Additionally, judicial process focuses the matter into the media spotlight.   This was seen with the Argentinean trials, bringing an "outpouring of attention to victims' experience from across the society."[184]  According to one observer, "[t]he repression and what the military had done was the topic of discussion [o]n street corners, [in] bars and within families . . .. Argentineans understood what had happened and why it was important to prevent it in the future."[185]  

International criminal trials would also provide powerful legal precedence for punishing future acts of rape in refugee camps by creating international acceptance of these protections and reducing cultural stigmas against women who have been raped.[186]  In fact, rape constituting an international crime has only recently garnered attention and focus since the ICTY and ICTR has examined rape during war.[187]  It is time for the world to take notice that rapes in refugee camps are occurring.  A criminal trial would force this ignored issue into the spotlight.

The best method to do this would be for the ICC to prosecute rapes by Sudanese or Chadian government soldiers and armed groups.[188]  Doing so would more likely convince the Security Council to refer these incidents if it was related to the Darfur conflict which has already been referred to the ICC.[189]  It would be easy to link the rapes in the Chadian refugee camps as they are linked and intertwined with the Darfurian conflict.  The Sudanese-based Janjaweed are working with Chadian fighters to attack both Chadian villages and refugee camps in Chad.[190]  The Sudanese women are being attacked regardless of where they are situated and are thus being followed by the Chadian and Sudanese armed forces across the border.[191] 

Because there is little documentation of the rapes, specifically the number of rapes and its prevalence in the refugee camps, it is important to gather data to present to the Security Council.[192]  One way to do this would be for the United Nations to establish a Commission of Inquiry to investigate any such violations.[193]  This would provide the Security Council with documentary evidence on the rapes.[194]

The rapes in refugee camps should be included under the jurisdiction of the ICC.  Otherwise, the court would be setting precedence that violators of international criminal law can continue to attack groups of people with impunity so long as the victims have escaped the territory of original fighting.[195]  The prosecution of these rapists would also send a clear message that refugees are protected civilians.[196]  Refugee camps should be a place of actual refugee, not a sanctuary for rapists.

VII.   Conclusion

The rape of refugees is not a new problem.  The layout of refugee camps and the frustration of its daily life inherently lead to the rapes of refugee women, and the current issue of Sudanese refugees in Chad forces this issue out into the spotlight once again.   By analyzing this situation, it is clear that under international law, Chadian and Sudanese armed forces and militia groups, the States of Chad and Sudan, and UNHCR can be held accountable for these rapes. However, the strongest enforcement mechanism would be to try Chadian and Sudanese government soldiers and armed groups under international criminal law.  Not only is there a strong judicial process in place with the ICC, but international criminal law would provide powerful legal precedence for the deterrence of future rapes in refugee camps and would validate the victims by recognizing that a wrong has been committed. 

It is crucial that individual rapists be held accountable for the rapes of Sudanese refugees.  Without this, countless victims will simply be ignored and rapes in refugee camps will only continue.  If the Security Council does not refer this to the ICC, only one message will be clear: Refugee camps are a safe place for rapists, and victims are not protected under international law.

* Washington College of Law, American University, LL.M., International Law, 2008; University of Pittsburgh School of Law, J.D., 2004.  Email: Debra.Lefing@gmail.com  The author would like to thank her parents for their teachings of the world and humanity.

[1]  Human Rights Watch, Sexual Violence and its Consequences among Displaced Persons in Darfur and Chad: A Human Right Watch Briefing Paper, 7-8 April 12, 2005, available at http://www.hrw.org/backgrounder/africa/darfur0505/darfur0405.pdf (citing Human Rights Watch interview, Farchana refugee camp, in Chad (Feb. 2005)).

[2] United Nations High Commissioner for Refugees: the UN Refugee Agency, Despite Nearby Clashes, Refugee Life Continues as Usual in Eastern Chad, Dec. 29, 2005, available at http://www.unhcr.org/cgi-bin/texis/vtx/home/opendoc.htm?page=news&tbl=NEWS&id=43b3f1974.

[3] Justin Wagner, The Systematic Use of Force as a Tool of War in Darfur:  A Blueprint for International War Crimes Prosecutions, 37 Geo. J. Int'L. L. 193, 193 (2005).

[4] Human Rights Watch, supra note 1, at 4-5 (detailing an attack on a Zaghawa community in Goz Baggar, North Darfur, on Oct. 18, 2004, which caused many of the village residents to flee to Chad.  "Some women and girls were raped . . . all on one day, on October 18, 2004 . . .. The men didn't just rape them but afterwards they cut their sexual parts and sewed them up.  Fifty Janjaweed committed this crime on the same day, it resulted in many people leaving for Chad.").

[5] United Nations International Commission of Inquiry on Darfur, Report of the International Commission of Inquiry on Darfur to the United National Secretary-General, ¶ 353 (Jan. 25, 2005), available at http://www.un.org/News/dh/sudan/com_iq_darfur/pdf. [hereinafter Report].

[6] Id.

[7] See Marc Lacey, U.S. Report on Violence in Sudan Finds a ‘Pattern of Atrocities,' N.Y. Times, Aug. 25, 2004, at A7.

[8] Human Rights Watch, supra note 1, at 3. 

[9] United Nations Office of the High Commissioner for Human Rights, Access to Justice for Victims of Sexual Violence: Report of the United Nations High Commissioner for Human Rights, 2 (July 29, 2005) available at http://www.unhcr.org/refworld/category,COI,OHCHR,,,46cc4a650,0.html.

[10] Id. at 2, 18 (detailing one instance, in which a fourteen-year-old girl was allegedly gang raped by seven soldiers and the police refused to record the complaint or investigate because it was too late in the evening).

[11] Human Rights Watch, supra note 1, at 2. A substantial number of Sudanese women refugees also flee to internally displaced camps in Sudan.  In fact, there are reports that there are perhaps five million IDP's in Sudan. This paper, however, focuses on the Sudanese refugees in Chad. While issues of sexual violence do exist for this group of women and girls, this paper is examining the violence in Chad as it raises interesting issues of international law as it now brings in another state actor.  Refugees International, Displaced Again, IDPs Face House Demolitions in Khartoum, Feb. 19, 2004, available at http://www.refugeesinternational.org/content/article/detail/940/.

[12] Id. at 7, 9.

[13] See, e.g., United Nations Economic and Social Council [ECOSOC], Commission on Human Rights, Report of the Special Rapporteur on Violence Against Women, its Causes and Consequences, E/CN.4/1998/54 (Jan. 26, 1998), available at http://193.194.138.190/Huridocda/Huridoca.nsf/TestFrame/c90326ab6dbc2af4c125661e0048710e?Opendocument  [hereinafter U.N. Comm'n on Human Rights] (noting for example, "[i]n the refugee camps around Rwanda in 1994, it has been reported that virtually every women and girl past puberty was raped and/or sexually assaulted");  Human Rights Watch, Seeking Protection: Addressing Sexual and Domestic Violence in Tanzania's Refugee Camps, (Oct. 2000), available at http://www.hrw.org/reports/2000/tanzania/ [hereinafter Seeking Protection] (reporting that in one incident alone "in May 1999, some fifty or more refugee women were raped by over 100 Tanzanian men").

[14] Seeking Protection, supra note 13.

[15] Id.

[16] Id.

[17] U.N. Comm'n on Human Rights, supra note 13.

[18] Stop Violence against Women: A Project by the Advocates for Human Rights, Sexual Assault against Refugees, at http://www.stopvaw.org/Sexual_Assault_Against_Refugees.html (last modified Feb. 1, 2006) [hereinafter Stop Violence].

[19] Id. 

[20] Id.

[21] U.N. Comm'n on Human Rights, supra note 13.

[22] Stop Violence, supra note 18.

[23] U.N. Comm'n on Human Rights, supra note 13.

[24] Id.

[25] Id.

[26] Amnesty International USA, Chad: No Protection from Rape and Violence for Displaced Women and Girls in Eastern Chad, July 27, 2007, available at http://www.amnestyusa.org/document.php?id=ENGAFR200082007&lang=e (noting for example, that in May 2007, its delegation visited Eastern Chad and "was able to collect information about individual cases" but noted that "there is a lack of information about the true extent of gender-based violence in and outside" refugee camps in Chad) [hereinafter Amnesty Int'l].

[27] Amnesty International, Sudan: Rape as a Weapon of War, July 19, 2004, available at http://www.amnesty.org/en/library/asset/AFR54/084/2004/en/dom-AFR540842004en.html (stating that some communities in Darfur believe that pregnancy can only result from consensual sex and if a female becomes pregnant following rape, the victim is sometimes blamed for disgracing the family).

[28] Human Rights Watch, supra note 1, at 7.  

[29] Adrienne L. Fricke & Amira Khair, Laws without Justice: An Assessment of Sudanese Laws Affecting Survivors of Rape, Refugees Int'l, 2 (2007), available at http://www.refugeesinternational.org/sites/default/files/Lawswoutjustice.pdf (quoting a human rights worker that "the women can leave the camps because they will only rape, not kill them").

[30] Executive Committee of the High Commissioner's Programme, Note on International Protection, ¶ 42, U.N. Doc. EC/54/SC/CRP.9 (June 9, 2004), available at http://www.unhcr.org/excom/EXCOM/40c718a84.pdf (stating that "cross-border raids by armed elements, rape, and forced recruitment of Sudanese refugees were reported in Eastern Chad in early 2004" and as a result, UNHCR "relocated over 80,000 refugees as a protection measure to seven camps further inward, away from the volatile border region").

[31] Although there is no explanation to how exactly the community services assistants are to "deal" with the perpetrators. U.N. High Comm'r for Refugees, supra note 2.

[32] Human Rights Watch, supra note 1, at 9. 

[33] Id.

[34] Id.

[35] Id.

[36] Id.

[37] Id.

[38] Human Rights Watch, supra note 1, at 9.

[39] Id.

[40] Id.

[41] Id. at 3, 7.

[42] Amnesty Int'l, supra note 26.

[43] See generally UNHCR, Prevention and Response to Sexual and Gender-Based Violence in Refugee Situations, March 2001, available at http://www.unhcr.org/protect/PROTECTION/3bb44cd811.pdf (discussing in over 100 pages the best measures to prevent and respond to rapes in refugee camps.  However, there is no mention anywhere in this article of the prosecution of these rapes.).

[44] Rene Provost, International Human Rights and Humanitarian Law 35 (Cambridge University Press 2002).

[45] Id.

[46] Stephanie Jaquemet, The Cross-Fertilization of International Humanitarian Law and International Refugee Law, Vol. 83, 651, 653 available at http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/57JRE8/$File/651-674%20jaquemet.pdf (The International Review of the Red Cross Sept. 2001).

[47] Id.

[48] Karl Josef Partsch, Armed Conflict, in 1 Encyc. of Pub. Int'l Law 249, 251 (Bernhardt ed. 1992).

[49] Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Aug. 12, 1949, 6 U.S.T. 3114 [hereinafter First Geneva Convention]; Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Aug. 12, 1949, 6 U.S.T. 3217 [hereinafter Second Geneva Convention]; Geneva Convention Relative to the Treatment of Prisoners of War, Aug. 12, 1949, 6 U.S.T. 3316 [hereinafter Third Geneva Convention]; Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 U.S.T. 3516 [hereinafter Fourth Geneva Convention].

[50] Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), June 8, 1977, opened for signature Dec. 12, 1977, U.N. Doc. A/32/144, Annex I, II (1977), reprinted in 16 I.L.M. 1391 (1977) [hereinafter Protocol I].

[51] Human Rights Watch, Darfur Bleeds: Recent Cross-Border Violence into Chad, at http://www.hrw.org/backgrounder/africa/chad0206/chad0206.pdf. (Feb. 2006) [hereinafter Darfur Bleeds].

[52] Id.

[53] Id.

[54] Id.

[55] CNN, Chad, Sudan Sign Peace Deal, at http://edition.cnn.com/2008/WORLD/africa/03/13/sudan.chad/index.html, March 13, 2008 (last visited Mar. 21, 2009).

[56] Id.

[57] ReliefWeb, Chad, Sudan Continue War of Words over Attack, at http://www.reliefweb.int/rw/rwb.nsf/db900sid/YSAR-7DBS2A?OpenDocument, April 2, 2008 (stating that Sudan believes that Chadian helicopters crossed the border and attacked Sudanese forces, while Chad  states that Sudanese rebels came into Chad and that Chadian forced chased them back into their country) (last visited Mar. 21, 2009).

[58] Id.

[59] United Nations, Daily Press Briefing by the Office of the Spokesperson for the Secretary-General, at http://www.un.org/News/briefings/docs/2008/db080311.doc.htm, March 11, 2008 (quoting Jean-Marie Guehenno, French head of UN peacekeeping operations, telling the Security Council that  there was a proxy war between the two nations through rebel groups on each side of their border) (last visited Mar. 21, 2009); United Kingdom Parliament, Hansard (House of Common Debates), at http://www.publications.parliament.uk/pa/cm/cmhansrd.htm, March 12, 2009 (nothing that "despite the restoration of diplomatic ties on 9 November 2008, relations between the two countries remain strained.").

[60] Fourth Geneva Convention, supra note 49, at arts. 146, 147; Protocol I, supra note 42, at art. 75.

[61] Judith G. Gardam & Michelle J. Jarvis, Women, Armed Conflict and International Law 62 (Kluwer Law International 2001); Fourth Geneva Convention, supra note 49, at arts. 146, 147.

[62] Gardam & Jarvis, supra note 61, at 64; Fourth Geneva Convention, supra note 49, at art. 27.

[63] Fourth Geneva Convention, supra note 49, at art. 27.

[64] Gardam & Jarvis, supra note 61, at 64; Fourth Geneva Convention, supra note 49, at art. 27.

[65] Gardam & Jarvis, supra note 61, at 64; Fourth Geneva Convention, supra note 49, at art. 75.

[66] Id.

[67] Gardam & Jarvis, supra note 61, at 65.

[68] It is interesting to note that this provision does not use the term honor as Article 27 of the Fourth Geneva Convention does.  Gardam & Jarvis, supra note 61, at 65; Protocol I, supra note 50, at art. 76.

[69] See id. at arts. 75, 76; First Geneva Convention supra note 49, at arts. 49, 50; Second Geneva Convention, supra note 49, at arts. 50, 51; Third Geneva Convention supra note 49, at arts. 129, 130; Fourth Geneva Convention, supra note 49, at arts. 146, 147.

[70] Gardam & Jarvis, supra note 61, at 73; First Geneva Convention supra note 49, at arts. 49, 50; Second Geneva Convention, supra note 49, at arts. 50, 51; Third Geneva Convention supra note 49, at arts. 129, 130; Fourth Geneva Convention, supra note 49, at arts. 146, 147.

[71] Id.

[72] Id.

[73] Id.

[74] Id.

[75] Gardam & Jarvis, supra note 61, at 201; First Geneva Convention, supra note 49, at art. 49; Second Geneva Convention, supra note 49, at art. 50; Third Geneva Convention supra note 49, at art. 129; Fourth Geneva Convention, supra note 49, at art. 146.

[76] Id. 

[77] Id.

[78] Id. 

[79] Letter from the Secretary-General to the President of the Security Council, ¶ 141, U.N. Doc. S/1405 (Dec. 9, 1994), reprinted in United Nations, Rwanda 1993-1996 415, 430 (1996).

[80] Prosecutor v. Furundzija, Case No. IT-95-17/1-T, Judgment ¶ ¶132-33, (Dec. 10, 1998).

[81] Id.

[82] Id. at ¶ 169.

[83] Rome Statute of the International Criminal Court art. 8, July 17, 1988, 37 I.L.M. 999 [hereinafter Rome Statute].

[84] Id.

[85] Statute of the International Criminal Tribunal for Rwanda, art. 4, 33 I.L.M. 999 [hereinafter ICTR Statute].

[86] Prosecutor v. Musema, Case No. ITR-96-13-T, Judgment, ¶¶ 220, 226 (Jan. 27, 2000).

[87] Human Rights Watch, supra note 1 (describing other injuries "including internal bleeding, fistulas, incontinence, and infection with sexually transmitted diseases such as Hepatitis B and C and HIV/AIDS").

[88] See supra Introduction (detailing one such rape).

[89] See supra Section II (detailing where victims exchange sex for protection or food).

[90] Prosecutor v. Kunarac, Case No. IT-96-23-T, Judgment, ¶ 132-33 (June 12, 2002).

[91] Id. at ¶132.

[92] Rome Statute, supra note 83, at art 7.

[93] Statute of the International Tribunal, art. 5, May 25, 1993, 32 I.L.M. 1192; ICTR Statute, supra note 68, at art. 3.  However, it is important to note that the ICTY definition of crimes against humanity contains a nexus to an armed conflict, limiting rape prosecutions to those committed only at time of war, while the ICTR definition does not. 

[94] See, e.g., Prosecutor v. Akayesu, Case No. ICTR-96-4-T, Judgment (Sept. 2, 1998); Kunarac, Case No. IT-96-23-T at ¶ 133.

[95] Id.

[96] Rome Statute, supra note 83, at art. 7.   It is interesting to note that the Rome Statute drops any requirement of formal state planning or policy as the ICTY statute requires, and instead focuses on the systematic or widespread nature of such crimes.

[97] Prosecutor v. Kordic and Cerkez, Case No. IT-95-14/2-T, Judgment, ¶ 179 (Feb. 26, 2001); Akayesu, at ¶ 580  (Sept. 2, 1998) (defining widespread  as if the attack is due to a series of acts or due to the effect of a single act of extraordinary magnitude.).

[98] See e.g., Akayesu, Case No. ICTR-96-4-T.

[99] This is seen with the fact that rape can constitute genocide if undertaken with intent to destroy.  There is evidence of Sudanese militia raping women in Darfur with the intent to impregnate them with an "alien."  See Wagner, supra note 3, at 240. See also supra Introduction (explaining that the rapes by the Janjaweed and the Janjaweed's motives behind the rapes are spilling into Chad and to the Sudanese refugees seeking safety in Chad).

[100] Prosecutor v. Naletilic and Martinovic, Case No. IT-98-34, Judgment, at ¶ 236 (March 31, 2000).

[101] Akayesu, Case No. ICTR-96-4-T at ¶ 580.

[102] Id.

[103] Id.

[104] Darfur Bleeds, supra note 51, at 3, 13-14.

[105] Id.

[106] Id. (detailing how Sudanese refugees are being targeted by the Janjaweed and that the Janjaweed continue their attacks of rape). One refugee stated that if the Janjaweed "like your wife, they take her." Id.

[107] Id. In fact the RDL rebels have several bases in West Darfur and in Southern Darfur and eyewitness testimony suggests a military intelligence link between the RDL and the Janjaweed. Id.

[108] Rome Statute, supra note 83, at art. 7, 2(a).

[109] Jaquemet, supra note 46, at 653.

[110] Id. at art. 17.

[111] Human Rights Watch, Q & A: Crisis in Darfur, April 25, 2008, available at http://www.hrw.org/english/docs/2004/05/05/darfur8536.htm.

[112] International Criminal Court Fact Sheet: The Situation in Darfur (2007), at http://www.iccc-cpi.int/Menus/ICC/Search?qt=ICC-PIDS-PR-20070502-214A_En&x=0&y=0&la=en (last visited March 1, 2009).

[113] Infra at 18.

[114] Rome Statute, supra note 83, at art. 13(6); Coalition for the International Criminal Court: State Parties to the Rome Statute of the ICC, According to the U.N. General Assembly Regional Groups, at http://www.iccnow.org/documents/RatificationsbyUNGroup_18_July_08.pdf (last visited Mar. 21, 2009).

[115] Rome Statute, supra note 83, at art. 12(2).

[116] Id.

[117] Id. at art. 17.

[118] Fact Sheet, supra note 112.

[119] Dawn Yamane Hewett, Recent Development, Sudan's Courts and Complementarity in the Face of Darfur, 31 Yale J. Int'l L. 276, 277 (2006).

[120] Q & A, supra note 111.

[121] Fricke & Khair, supra note 29. Also, the government of Sudan denies any rapes and has repressed reporting on the problem. In fact in March 2007, President A-Bashi on NBC nightly news and the Today Show declared, "it is not in the Sudanese culture or in the culture of the people of Darfur to rape.  It doesn't exist." Id.

[122] Id. at 11.

[123] Id. at 6.

[124] Id.

[125] Id. at 6-7.

[126] U.S. Dep't of State, County Reports on Human Rights Practices, Chad, 2007;  U.S. Dep't of State, County Reports on Human Rights Practices, Chad, 2005.

[127] Id.

[128]  Charlotte Lindsey, ICRC Study on the Impact of Armed Conflict on Women, International Red Cross, 18 (Oct. 2001)

[129] Jaquemet , supra note 46.

[130] Rome Statute, supra note 83, at art. 5.

[131] Id. at art. 7.

[132] See generally, infra note 133.

[133]  It must be noted that certain human rights instruments permit States to derogate from certain rights in times of public emergency.  This is seen in the International Covenant on Civil and Political Rights, G.A. Res. 2200A, at 53, art. 4, U.N. GAOR, 21st Sess., U.N. Doc. 1/6316 (Dec. 19, 1996), Convention for the Protection of Human Rights and Fundamental Freedoms, art. 15, Nov. 4, 1950, 213 U.N.T.S. 221, and American Convention on Human Rights, art. 27, July 18, 1979, O.A.S. Treaty Series No. 36, 1114 U.N.T.S. 123.  However, it is not possible to derogate at any time from the right to life or from the prohibitions of torture or cruel, inhuman or degrading treatment, slavery and servitude, and retroactive criminal laws.  This paper focuses on cruel, inhuman or degrading treatment of rape and thus no derogation is permitted. See Lindsey, supra note 128.

[134] Id.

[135] Id.

[136] See generally, Convention Relating the Status of Refugees, July 28, 1951, 189 U.N.T.S. 150; Protocol Relating to the Status of Refugees, Oct. 4, 1967, 606 U.N.T.S. 267.

[137] Provost, supra note 44, at 60.

[138] See, e.g., Convention Governing the Specific Aspects of Refugee Problems in Africa, June 20, 174, art. 2, 1001 U.N.T.S. 45.

[139] International Covenant on Political and Civil Rights,  G.A. Res. 2200A, at 53, art. 7, U.N. GAOR, 21st Sess., U.N. Doc. A/6316 (Dec.  19, 1966) [hereinafter ICPCR].

[140] This is though the United Nation's Human Rights Commission which requires prevention, compensation, investigation, and effective remedies following violations of the ICCPR.  See Human Rights Committee, Views of the Human Rights Committee, under art. 5, para. 4 of the Optional Protocol to the International Covenant on Civil and Political Rights, U.N. Doc. CCPR/C/51/D/449/1991 (July 15, 1994).

[141] Human Rights of Women, International Instruments and African Experiences 120 (Wolfgang Benedek, et al., eds.) (2002).

[142] Declaration on the Elimination of Violence Against Women, G.A. Res. 48/104, art. 2(b), U.N. Doc. A/Res/48/104 (Dec. 20, 1993) [hereinafter CEDAW].

[143] Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, G.A. Res. 39/46, U.N., GAOR, 39th Sess., Supp. No. 51 at 197, U.N. Doc. A/39/51 (Dec. 10, 1984) [hereinafter Torture Convention].

[144] See Zubeda v. Ashcroft, 333 F.3d 463 (3d Cir. 2003).

[145] See generally, Torture Convention, supra note 143. 

[146] See generally, id.

[147] Amnesty International, supra note 26 (noting one incident in which a girl's mother informed the police that their daughter had been kidnapped, but the police refused to come.  "They said that they had told the women not to venture far from the site when going to collect wood.  They said that they would look for her if she wasn't back tomorrow").

[148] Id.

[149] See infra note 150.

[150]Alice Farmer, Refugee Responses, State-Like Behavior, and Accountability for Human Rights Violations:  A Case Study of Sexual Violence in Guinea's Refugee Camps, 9 Yale Hum. Rts. & Dec. L.J.. 44, 76 (2006).

[151] Id.

[152] Id.

[153] Id. at 77.

[154] Id.

[155] Id.

[156] Ralph Wilde, Quis Custodiet Ipos Custodes?: Why and How UNHCR Governance of ‘Development' Refugee Camps Should be Subject to International Human Rights Law, 1 Yale Hum. Rts. & Dev. L.J. 107, 115 (1998).

[157] Id.

[158] Id. at 122.

[159] Id. at 121.

[160] Id. at 121. Also, Wilde makes an interesting argument that UNHCR may be bound to human rights law to which the host state may not have incorporated into domestic law or might not have the ability to implement the law, and as a result, the refugees might have a different level of human rights protection than the nationals of the host state.  However, since UNHCR already governs their camps in such a way as to provide refugees with a greater level of development such as with health care and education than people in the state, UNHCR has already acknowledged that inequalities will exist between camps and the people of the host states. Id. at 119.

[161] UNHCR, Sudan Situation Highlights, at http://www.unhcr.org/cgi-bin/texis/vtx/home/opendoc.pdf?tbl=SUBSITES&id=430f456f2 (Dec. 21, 2004).

[162] Id.

[163] See id.

[164] UNHCR, WFP/UNHCR Cooperation Memorandum of Understanding on the Joint Working Arrangements for Refugee, Returnee and Internally Displaced Persons, at http://www.unhcr.org/refworld/type,MEMORANDA,,,3ae6b31a10,0.html (March 31, 1997); UNHCR, Security on Chad-Sudan Border Worsening, Warns UNHCR, at http://www.unhcr.org/news/NEWS/3fc4cd3a4.html (stating that "UNHCR is continuing with the distribution of food and supplies" to Sudanese refugees in Chad despite the growing concerns of security along the Chad/Sudan border) (last visited Mar. 21, 2009).

[165] Id. at 4.

[166] Manuel Hertz, Refugee Camps in Chad: Planning Strategies and the Architect's Involvement in the Humanitarian Dilemma 13, at http://www.unhcr.org/research/RESEARCH/4766518f2.pdf (2007).

[167] See Wilde, supra note 156, at 121.

[168] See Hertz, supra note 129, at 12-13.

[169] See ICPCR, supra note 139, at art. 2 (stating that State Parties enforce remedies).

[170] Human Rights of Women, supra note 141, at 106.

[171] Eye on the U.N., Individual Human Rights Complaints Handled by the U.N.: Few and Very Far Between, at http://www.eyeontheun.org/facts.asp?1=1&p=54 (last visited Mar. 1, 2009) (noting that in 2007, there were only eighty-seven individual complaints filed in the United Nations Human Rights committee).

[172] Id.

[173] CEDAW, supra note 142, at art. 18.

[174] Id.

[175] Convention on the Elimination of All Forms of Discrimination against Women, Country Reports, at http://www.un.org/womenwatch/daw/cedaw/reports.htm. (Dec. 28, 2007).

[176] Torture Convention, supra note 143, at art. 14.

[177] Office of the United Nations High Commissioner for Human Rights, Committee against Torture, Monitoring the Prevention of Torture and other Cruel, Inhumane, Degrading Treatment of Punishment, available at http://www2.ohchr.org/english/bodies/cat/.

[178] Id.

[179] Report on the Committee against Torture¸ General Assembly, 61^st Session, Supplement No. 44, at 126, 135-36, U.N. Doc. A/61/44 (2006) (stating that Chad was still over due on it initial report to the Committee against Torture which was due on July 7, 1996, on its second periodic report which was due on July 8, 2000, and on its third periodic report which was due on July 7, 2004).

[180] See Bayefsk.com, How to Complain to the U.N. Human Rights Treaty System, at http://www.bayefsky.com/unts/login/index.php (containing online complaint forms inter alia CAT, CEDAW, and ICPCR) (last visited Mar. 21, 2009).

[181] See Rome Statute, supra note 83, at pt. 10.

[182] Jamie O'Connell, Gambling with the Psyche: Does Prosecuting Human Rights Violators Console their Victims?, 46 Harv. Int'l L.J.  295, 318 (Summer 2005).

[183] Id. at 319 (quoting Douglas Johnson, executive director of the Center for Victims of Torture, that the trials had a "very salutary effect for victims").

[184] Id.

[185] Id. at 318. 

[186] Wagner, supra note 3, at 241-42.

[187] See id. at 213-218.

[188] See Report, supra note 5, at 145-146.

[189] Fact Sheet, supra note 112.

[190] Report, supra note 5, at 32.

[191] See generally id. (describing the movement and rape patterns of the Janjaweed).

[192] See Eye on the U.N., supra note 171.

[193] One such committee was set up to determine whether violations of international humanitarian law and international human rights law occurred in Darfur.  In this report, it was noted that IDP's were raped when they left their refugee camps to collect firewood.  Report, supra note 5.

[194] See id. at 133 (the Committee that investigated the situation in Darfur relied on documentary evidence to present to the Security Counsel).

[195] See Wagner, supra note 3, at 241-42.

[196] See id.