Rape as a Weapon of War in Tigray: An Appraisal from the Legal Standpoint

Abstract

Tigrian women were subjected to terrible gang rapes and genital mutilations; many were raped, then killed, raped in front of their family members, and forcibly impregnated; and many others were held hostages to sexual slavery and raped to be infected with incurable disease. Forcing family members to rape their own members and insertion of foreign objects into genitalia were the other manifestations of the brutal rapes in Tigray throughout the war. This shows that the rape was not an incidental wartime rape but rather an orchestrated campaign of rape over the Tigrian ethnic group. International organizations, governmental authorities, human rights institutions, and medical reports have blatantly revealed beyond a shadow of doubt that rape has been used as a weapon of war in Tigray. This systemic rape has violated international human rights, humanitarian laws, and customary laws, thereby committing war crimes, crimes against humanity, and genocide by using rape as a weapon of war. However, nothing has been done to hold perpetrators responsible and remedy survivors yet. So far, no case has seen the sun of justice. This paper scrutinizes the case of Tigrian women and girls from the legal point of view, i.e., it examines the commission of grave international crimes, assesses the possible legal recourses that avoid impunity, and provides potential reparation schemes for the survivors.