Hostname: page-component-cd9895bd7-lnqnp Total loading time: 0 Render date: 2024-12-25T06:39:37.472Z Has data issue: false hasContentIssue false
  • English
  • Français

Between rhetoric and reality: exploring the impact of military humanitarian intervention upon sexual violence – post-conflict sex trafficking in Kosovo

Published online by Cambridge University Press:  18 June 2010

Samantha T. Godec
Get access Rights & Permissions [Opens in a new window]

Abstract

Adopting a feminist perspective, this paper analyses the doctrine of humanitarian intervention and its impact on women in recipient states, particularly with regard to sexual violence. By analysing the phenomenon of post-conflict trafficking in Kosovo following the NATO intervention, the author presents a challenge to the ‘feminist hawks’ who have called for military intervention in situations of systematic sexual violence. It is the author's contention that such intervention would be counterproductive for women's rights and thus constitute a disproportionate response to sexual violence in terms of the international law governing the use of force.

Type
Women
Information
International Review of the Red Cross , Volume 92 , Issue 877: Women , March 2010 , pp. 235 - 258
Copyright
Copyright © International Committee of the Red Cross 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Between 1945 and 31 May 1990, the veto was exercised 279 times. See Anne Orford, Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law, Cambridge University Press, Cambridge, 2003, p. 3.

2 Christine Gray, International Law and the Use of Force, 3rd edn, Oxford University Press, Oxford, 2008.

3 Ibid., pp. 1–3.

4 Not written law, but an emerging legal norm.

5 MacKinnon, Catherine, ‘Women's September 11th: rethinking the international law of conflict’, in Harvard International Law Journal, Vol. 47, No. 1, 2006Google Scholar; Karen Engle, ‘“Calling in the troops”: the uneasy relationship among women's rights, human rights, and humanitarian intervention’, in Harvard Human Rights Journal, Vol. 20, 2007, p. 190.

6 This is a term used in Engle, above note 5.

7 David Kennedy, The Dark Sides of Virtue: Reassessing International Humanitarianism, Princeton University Press, Princeton, 2004, p. xiii.

8 Ibid., p. xix.

9 The only exceptions to the prohibition on the use of force are provided for in Article 51 of the UN Charter, which allows states to exercise self-defence in the event of an ‘armed attack’, and in Article 42 thereof, which permits the Security Council to authorize the use of force.

10 For arguments that the NATO intervention in Kosovo was legitimate on humanitarian grounds, see discussions in Bruno Simma, ‘NATO, the UN and the use of force: legal aspects’, in European Journal of International Law, Vol. 10, No. 1, 1999, p. 22; Cassese, Antonio, ‘A follow up: forcible humanitarian countermeasures and opinio necessitatis’, in European Journal of International Law, Vol. 10, No. 4, 1999, pp. 791–799.CrossRefGoogle Scholar; Ruth Wedgwood, ‘NATO's campaign in Yugoslavia’, in American Journal of International Law, Vol. 93, 1999, pp. 826–827; Michael Glennon, ‘The new interventionism: the search for a just international law’, in Foreign Affairs, Vol. 78, No. 3, 1999, pp. 2–7 (arguing that justice can be attained extra-legally).

11 ‘UN Secretary-General presents his Annual Report to the GA’, UN Press release SG/SM/7136 GA/9596, 20 September 1999, available at http://www.un.org/News/Press/docs/1999/19990920.sgsm7136.html (last visited January 2009).

12 UN General Assembly, World Summit Outcome Document, UN Doc. A/RES/60/1, 16 September 2005, p. 31, para. 139, available at http://www.un.org/summit2005/documents.html (last visited 24 November 2009).

13 K. Engle, above note 5, p. 2.

14 Vasuki Nesiah, ‘From Berlin to Bonn to Baghdad: a space for infinite justice’, in Harvard Human Rights Journal, Vol. 17, 2004, cited in Engle, above note 5, p. 197.

15 Other terms have been used to refer to feminists who have adopted an agenda of military intervention. Nadia Al Ali and Nicola Pratt, for example, use the term ‘imperial feminists’ in What Kind of Liberation? Women and the Occupation of Iraq, University of California Press, London, 2009.

16 C. MacKinnon, above note 5, p. 22.

17 Voice of America, ‘Bush pledges post-war help to Afghanistan’, 12 December 2001, http://www1.voanews.com/english/news/a-13-a-2001-12-12-37-Bush-67243592.html?moddate=2001-12-12 (last visited 30 January 2009).

18 Laura Bush, transcript of radio broadcast, 17 November 2001, available at http://www.presidency.ucsb.edu/ws/index.php?pid=24992 (last visited 23 March 2010).

19 For example, see the Oxfam campaigns in UK national newspapers such as the Independent concerning rape in Darfur, and the television commercial How Will History Judge Us?, CNN Television, broadcast in October 2006, available at http://www.savedarfur.org/pages/advertising_campaign (last visited 18 December 2009), arguing that history will judge us if we allow rape to continue without our intervention.

20 SC Res 1325 on Women, Peace and Security, S/RES/1325, 31 October 2000.

21 SC Res 1820 on Women, Peace and Security, S/RES/1820, 19 June 2008.

22 Although the Council is not endowed with legislative powers, its resolutions are binding on member states and its statements are interpreted as authoritative. For a discussion on the quasi-legislative nature of the Council, see Michael C. Wood, ‘The interpretation of Security Council resolutions’, in Max Planck Yearbook of United Nations Law, Vol. 2, 1998, p. 73.

23 SC Res 1820, above note 21, operative para. 1, available at http://www.un.org/Docs/sc/unsc_resolutions08.htm (last visited December 2008).

24 Gina Heathcote, ‘From Security Council Resolution 1325 to 1820’, unpublished manuscript on file with author, 2008, p. 4.

25 Condoleezza Rice, address to the United Nations Security Council thematic debate on women, peace, and security, 19 June 2008, available at http://www.peacewomen.org/un/sc/Open_Debates/Sexual_Violence08/Protection.htm (last visited 23 March 2010).

26 Ban Ki-Moon, ‘Remarks to the Security Council meeting on Women, Peace and Security’, 19 June 2008, available at http://www.un.org/apps/news/infocus/sgspeeches/search_full.asp?statID=268 (last visited 23 March 2010).

27 C. MacKinnon, above note 5, understands violence against women as inclusive of physical, sexual, and psychological violence.

28 UN Charter, Art. 51.

29 C. MacKinnon, above note 5, p. 5.

30 Ibid., pp. 12–13.

31 Ibid., p. 20.

32 It is these narratives, as presented by MacKinnon, Rice, and Bush, and implied by SC Res 1820, that the author has termed ‘saving women’ narratives, as they all perceive women as victims of oppression in need of a heroic military intervention to liberate them from their oppressors.

33 G. Heathcote, above note 24. For further analysis see Sam Cook, ‘Security Council Resolution 1820: a move to end sexual violence in conflict’, 2008, available at http://www.peacewomen.org/un/sc/Open_Debates/Sexual_Violence08/PeaceWomenAnalysis.pdf (last visited 18 December 2009).

34 Gender essentialism is the attributing of fixed, essential characteristics to women that are shared universally on the basis of sex. See Kapur, Ratna, ‘The tragedy of victimization rhetoric: resurrecting the native subject in international/postcolonial feminist legal politics’, in Harvard Human Rights Law Journal, Vol. 15, 2002, p. 5Google Scholar.

35 See Kline, Marlee, ‘Race, racism, and feminist legal theory’, in Harvard Women's Law Journal, Vol. 12, 1989, p. 115Google Scholar, for a critique of MacKinnon's ‘dominance feminism’.

36 Term coined by Marilyn Frye, cited in Stanlie M. James, ‘Listening to other(ed) voices: reflections around female genital cutting’, in Stanlie M. James and Clare C. Robertson (eds.), Genital Cutting and Transnational Sisterhood: Disputing US Polemics, University of Illinois Press, Urbana, 2002, pp. 87–113.

37 R. Kapur, above note 34, p. 6.

38 Ibid., p. 6.

39 Orford, Anne, ‘Muscular humanitarianism: reading the narratives of the new interventionism’, in European Journal of International Law, Vol. 10, No. 4, 1999, p. 679CrossRefGoogle Scholar.

40 Ibid., p. 672.

41 Franz Fanon, cited in Orford, above note 39, p. 5.

42 What is interesting about the case of Kosovo is that, unlike those of Bosnia, Afghanistan, and Iraq, there was no strong ‘saving women’ narrative put forward by the international community; the emphasis was on the ethnic cleansing of the Albanian population as a whole, despite the systematic use of rape by the Serb forces as a feature of ethnic cleansing. One possible explanation for the lack of women's rights rhetoric may be as follows: given the strength of ethnic solidarity among the Albanian population in Kosovo, to admit sexual abuse by the enemy is to undermine the solidarity of the national group, to risk rejection, and to foreground gender identity over national identity. See Jayne Rodgers, ‘Bosnia and Kosovo: interpreting the gender dimensions of international intervention’, in Colin McInnes and Nicholas J. Wheeler (eds.), Dimensions of Western Military Intervention, Frank Cass Publishers, 2002, p. 189.

43 R. Wedgwood, above note 10, p. 828.

44 Ibid.

45 Ibid., p. 829.

46 SC Res 1199, para. 4(a) and (b).

47 The Contact Group consisted of the United States, the United Kingdom, France, Germany, Italy, and Russia.

48 R. Wedgwood, above note 10, p. 829.

49 Although the Security Council passed three resolutions on the situation in Kosovo prior to the NATO intervention – SC Res 1160, 1199, and 1203 – not one of these resolutions authorized the use of force.

50 For a discussion of this, see Peter Hilpold, ‘Humanitarian intervention: is there need for a legal reappraisal?’, in European Journal of International Law, Vol. 12, No. 3, 2001, p. 450.

51 Javier Solano, cited in ibid., p. 440.

52 E.g. Charney, Jonathan, ‘Anticipatory humanitarian intervention in Kosovo’, in Vanderbilt Journal of Transnational Law, Vol. 32, No. 5, 1999Google Scholar; Christine Chinkin, ‘Kosovo: a “good” or “bad” war?’, in American Journal of International Law, Vol. 93, No. 4, 1999, pp. 841–847; Henkin, Louis, ‘Kosovo and the law of “humanitarian intervention”’, in American Journal of International Law, Vol. 93, No. 4, 1999, pp. 824CrossRefGoogle Scholar–828; P. Hilpold, above note 50; B. Simma, above note 10; R. Wedgwood, above note 10.

53 This case has been made by referring to the possible loopholes in Art. 2(4) of the UN Charter, wider interpretations of the concept of self-defence, and/or the development of customary international law regarding humanitarian intervention. See Anthony D'Amato's defence of NATO in Jianming Shen, ‘The non-intervention principle and humanitarian interventions under international law’, in International Legal Theory, Vol. 7, No. 1, 2001, p. 15; and M. Glennon, above note 10.

54 See B. Simma, above note 10; M. Glennon, above note 10; A. Cassese, above note 10; J. Shen, above note 53; and Fernando R. Teson, ‘The liberal case for humanitarian intervention’, FSU College of Law, Public Law and Legal Theory Working Paper, No. 39, 2001.

55 For positivist legal arguments, see P. Hilpold, above note 50; for an analysis of the non-humanitarian motivations behind the intervention, see Daniel Zolo, Invoking Humanity: War, Law and Global Order, Continuum, London, 2002.

56 C. Chinkin, above note 52, p. 845.

57 Although I choose to focus on sex trafficking and forced prostitution, there were many other prolific forms of sexual violence that took place in Kosovo directly after the NATO intervention. Human Rights Watch, for example, reports on the escalation of rape during the bombing campaign, which most commonly took place as women fled in refugee convoys, in women's homes, in abandoned buildings. See J. Rodgers, above note 42, p. 189.

58 Trafficking is defined under Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children: ‘“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs’. All further references to trafficking relate specifically to trafficking in women and children for forced prostitution and sexual exploitation.

59 ‘Kosovo (Serbia and Montenegro): “So does it mean that we have the rights?” Protecting the human rights of women and girls trafficked for forced prostitution in Kosovo’, in Amnesty International Report, 2004, p. 1.

60 Ibid.

61 Ibid., p. 6.

62 UNIFEM, ‘No safe place: an assessment of violence against women in Kosovo’, 2000, pp. 94–95, available at http://www.iknowpolitics.org/en/node/50 (last visited 23 March 2010).

63 These premises were documented by UNMIK and published in an off-limits list, which was issued to all UNMIK staff. For more information see UNMIK Trafficking and Prostitution Investigation Unit end of year report, 2003, cited in ‘Kosovo’, above note 59, p. 8.

64 Ibid.

65 Ibid.

66 Interview with German KFOR soldier, Inge Bell Archive, cited in ‘Kosovo’, above note 59, p. 51.

67 UNIFEM report, above note 62, p. 24.

68 Ibid., p. 16.

69 Its data indicate that 48% of trafficked women originate from Moldova, 21% from Romania, 14% from Ukraine, 6% from Bulgaria, and 3% from Albania.

70 According to a local NGO, the Centre for the Protection of Women and Children, 81% of the internally trafficked victims whom they assisted between 2000 and 2002 were under the age of 18, and 32% were between 11 and 14 years old. See ‘Kosovo’, above note 59, p. 19.

71 Ibid.

72 Woman trafficked from Romania to Kosovo after being sold by her boyfriend.

73 ‘Boys will be boys’, 14 June 2002, available at http://news.bbc.co.uk/1/hi/programmes/correspondent/2043794.stm (last visited 23 March 2010). For a critique of personal narratives of trafficked women, see Jo Doezema, ‘Loose women or lost women? The re-emergence of the myth of “white slavery” in contemporary discourses of “trafficking in women”’, in Gender Issues, Vol. 18, No. 1, 2000, pp. 23–50.

74 Bulgarian woman trafficked to Macedonia, interviewed in 2001, Inge Bell Archive, in ‘Kosovo’, above note 59, p. 50.

75 Special Rapporteur on Violence against Women, April 2001, address to UN Human Rights Council, cited in ibid., p. 39.

76 Rees, Madeleine, ‘International intervention in Bosnia-Herzegovina: the cost of ignoring gender’, in Cynthia Cockburn and Dubravka Zarkov (eds.), The Post-War Moment: Militaries, Masculinities and International Peacekeeping, Lawrence and Wishart, London, 2002, p. 66Google Scholar.

77 CEDAW, Art. 6, 1979, and General Recommendation 19 on Violence against Women (11th session, 1992), UN Doc. A/47/38.

78 ‘Kosovo’, above note 59, p. 6. Although UNMIK is not a state party to CEDAW, as the interim authority in Kosovo at that time it was bound by international legal standards. UNMIK Regulation 1999/24 on the Law Applicable in Kosovo, 12 December 1999, states that some, but not all, international human rights standards and laws apply in Kosovo. Section 1.3 of the regulation states that: ‘In exercising their functions, all persons undertaking public duties or holding public office in Kosovo shall observe internationally recognized human rights standards, as reflected in particular in: (f) The Convention on Elimination of All Forms of Discrimination against Women of 17 December 1979’.

79 ‘Kosovo’, above note 59, p. 23.

80 Ibid., p. 6.

81 Ibid., p. 23.

82 UNMIK Regulation 2001/4 on the Prohibition of Trafficking in Persons in Kosovo.

83 Ibid., Section 2.1. Penalties of two to twelve years' imprisonment, and up to fifteen years' imprisonment for trafficking of a minor (Section 2.2).

84 Ibid., Sections 2.3 and 2.4. Penalties of five to twenty years' imprisonment.

85 Ibid., Section 3, cited in ‘Kosovo’, above note 59, p. 24.

86 UNMIK Regulation 2001/4, above note 82, Section 4.1. Sentences range from six months' to five years' imprisonment. Cited in ‘Kosovo’, above note 59, p. 24.

87 UNMIK Regulation 2001/4, above note 82, Section 8.

88 This includes all contractors working for both these establishments.

89 ‘On the status, privileges and immunities of KFOR and UNMIK and their personnel in Kosovo’, 18 August 2000.

90 KFOR personnel are not accountable either to UNMIK or to the Provisional Institutions of Self-Government: see ‘Kosovo’, above note 59, p. 9.

91 It was also criticized in relation to the European Convention on Human Rights, with regard to its inaccessibility to the public and its unclear provisions. See Ombudsperson's Special Report No. 1, available at http://www.stopvaw.org/UN_Peacekeeping_Missions.html (last visited January 2009).

92 In 2002 for example, around 100 foreign women were arrested by the TPIU, 22 of them on charges of prostitution, 25 for the possession of false documents, 22 for illegal border crossing, and 10 for soliciting or procurement. See ‘Kosovo’, above note 59, p. 25.

93 This is criminalized under Section 4 of the Trafficking Regulation. It is also important to note that private military contractors such as those contracted by the US agency Dyncorp are even less likely to face charges, because they are not accountable to the US government but to the private company. One private contractor working for KFOR was arrested in October 2003, but was dismissed and repatriated; no criminal proceedings were brought against him. Ibid., p. 26.

94 UNIFEM report, above note 62, p. 24.

95 Report of the UN Secretary-General to the Security Council on the rule of law and transitional justice in conflict and post-conflict societies, S/2004/616, para. 33.

96 ‘Women, peace and security’, study submitted by the Secretary-General pursuant to Security Council Resolution 1325, 2000, UN publication, 2002, para. 268 (emphasis added).

97 These agreements are signed by the UN, the host state, and the contributing state.

98 ‘Women, peace and security’, above note 96, p. 85, para. 271. With reference to the Secretary-General's emphasis on member states' responsibility, consideration of the low level of conviction rates for sexual offences in the UK (only 5.7% of reported rape cases result in a conviction) shows that member states may not be effective with regard to the prosecution of sexual offences perpetrated by peacekeeping personnel and suggests that such personnel may be best investigated and prosecuted in a forum with greater international accountability.

99 UN, ‘Ten rules code of personal conduct for blue helmets’, available at http://ocha.unog.ch/ProCapOnline/docs/library/UN%20Blue%20Helmets%20Codes%20of%20Conduct.pdf (last visited 16 March 2010).

100 For example, when new brothels are established that have not yet been included in the ‘off limits’ list, then a peacekeeper visiting this establishment will not be held accountable. See John T. Picarelli, Trafficking, Slavery and Peacekeeping: The Need for a Comprehensive Training Program, report of conference held by the Transnational Crime and Corruption Center and the UN Interregional Crime and Justice Research Institute, Turin, Italy, 9–10 May 2002, p. 16, available at http://policy-traccc.gmu.edu/publications/TIP&PKO_EWG_Report_Final.pdf (last visited 18 December 2009).

101 Ms Lute explained that there are 103 troop-contributing countries, each with different laws, social values, and varying criminal justice systems, which makes it very difficult to reach a consensus on a unified Code of Conduct. See Michael Fleshman, ‘UN takes tough line against peacekeeper abuses’, in Africa Renewal, Vol. 19, No. 1, 2005, p. 16.

102 Inter-Agency Standing Committee Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises.

103 See the website of the UN Office for the Coordination of Humanitarian Affairs (OCHA) at http://ochaonline.un.org/ (last visited 18 December 2009). The IASC task force was later replaced by the Task Force on Protection from Sexual Exploitation and Abuse, of the Executive Committees on Humanitarian Affairs and on Peace and Security (ECHA/ECPS) in 2005.

104 Secretary-General's Bulletin, ‘Special measures for protection from sexual exploitation and sexual abuse’, ST/SGB/2003/13, 9 October 2003, available at http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=451bb6764&page=search (last visited 23 March 2010).

105 Zeid Report, ‘A comprehensive strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations’, A/59/710, 2005, available at http://www.stimson.org/fopo/pdf/Prince_ZeidRpt.pdf (last visited 18 December 2009).

106 Letter from the Secretary-General to the President of the Security Council, S/2005/79, 9 February 2005, available at http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N05/233/27/PDF/N0523327.pdf?OpenElement (last visited 18 December 2008).

107 ‘Sexual relations between UN personnel and their beneficiaries of assistance are strongly discouraged because they are based on inherently unequal power dynamics’: Secretary-General's Bulletin, ‘Special measures’, above note 104, Section 3.2(d). For a critique of the UN's zero-tolerance policy, see Otto, Dianne, ‘Making sense of zero tolerance policies in peacekeeping sexual economies’, draft chapter for Vanessa Munro and Carl F. Stychin (eds.), Sexuality and the Law: Feminist Engagements, Glass House Press, London, 2007, p. 3Google Scholar, available at http://cigj.anu.edu.au/cigj/link_documents/Survival_Sex.pdf (last visited 23 March 2010): ‘Zero tolerance is the wrong response to the complex set of circumstances that give rise to survival sex economies because it is driven by “sexual negativity” (Rubin, 1984: 278) rather than by the desire to address the underlying human rights and social justice issues’.

108 For example, in September 2007 the Special Committee on Peacekeeping Operations called for the protection of and assistance to all victims of sexual exploitation by UN personnel: Report of the Special Committee on Peacekeeping Operations and its Working Group on the 2007 Substantive Session, New York, 28 February–16 March and 23 May 2007, Doc. A/61/19, Part II, para. 71. Subsequently, in March 2008, the UN General Assembly passed Resolution 62/214, outlining a ‘Comprehensive strategy on assistance and support to victims of sexual exploitation and abuse by United Nations staff and related personnel’ (A/RES/62/214). In addition, a number of toolkits and other materials have been produced by the UN Department of Peacekeeping Operations, OCHA, and UNICEF for the training of UN peacekeepers. See e.g. the training film To Serve with Pride, available at http://www.un.org/en/pseataskforce/video_english.shtml (last visited 23 March 2010).

109 OCHA statement at http://www.ochaonline.un.org.

110 Note by the Secretariat on Criminal accountability of United Nations Officials and Experts on Mission, 2007, A/62/329, Section II (B) para. 17, available at http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N07/502/05/PDF/N0750205.pdf?OpenElement (last visited 18 December 2009).

111 Ibid., p. 2. Interestingly, operative para. 4 of SC Res 1820 ‘stresses the need for the exclusion of sexual violence crimes from amnesty provisions in the context of conflict resolution processes’. Even the Trafficking in Persons (TIP) report overlooks the problem of impunity. The TIP Report, produced by the US State Department (self-appointed ‘trafficking watchdog’), lists Kosovo as a ‘special case’ rather than ranking it under the tier system. The report praises the work of the Kosovo Police Service in carrying out brothel closures and ensuring good conviction rates of domestic traffickers, while dismissing the involvement of international personnel in trafficking offences, owing to the lack of prosecutions: ‘While there were reports of some officials’ involvement in trafficking, particularly in the area of employment contract registration, there were no reported prosecutions or convictions of any such officials' (TIP Report, US Department of State, 2008, p. 273, ‘Special cases’, Kosovo).

112 ‘Kosovo’, above note 59, p. 2.

113 Askin, Kelly D., ‘Holding leaders accountable in the International Criminal Court (ICC) gender crimes committed in Darfur’, in Genocide Studies and Prevention, Vol. 1, No. 1, 2006, p. 349CrossRefGoogle Scholar.

114 CEDAW and UN Convention on the Rights of the Child (CRC): ‘States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women’, CEDAW, Art. 6; ‘States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent: a) The inducement or coercion of a child to engage in any unlawful sexual activity; b) The exploitative use of children in prostitution or other unlawful sexual practices; c) The exploitative use of children in pornographic performances and materials’, CRC, Art. 34; ‘States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form’, CRC, Art. 35.

115 ‘Kosovo’, above note 59, pp. 4–5.

116 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the UN Convention against Transnational Organized Crime, 2000.

117 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956, Art. 1(a); ‘Kosovo’, above note 59, p. 18.

118 Convention against Torture and Other, Cruel, Inhuman or Degrading Treatment or Punishment, Art. 3.

119 ECHR, Art. 3; ACHR, Art. 5(2); ACHPR, Art. 5. See ‘Kosovo’, above note 59, p. 5.

120 Nadine Puechguirbal, ‘Sexual exploitation of women and girls by peacekeepers: how to curb the dark side of peacekeeping’, in Marie Vlachovà and Lea Biason (eds.), Women in an Insecure World: Violence against Women – Facts, Figures and Analysis, Centre for the Democratic Control of Armed Forces, Geneva, 2005, p. 125; also confirmed by experts in Picarelli, above note 100, p. 12.

121 Judith Gardam, ‘Proportionality and force in international law’, in American Journal of International Law, Vol. 7, 1993, p. 391.

122 Parliamentary Papers, 1843, Vol. LXI, British Foreign and State Papers, Vol. 30, p. 193, cited in R. Y. Jennings, ‘The Caroline and McLeod Cases’, in American Journal of International Law, 1938, Vol. 32, No. 1, p. 89.

123 International Court of Justice (ICJ), Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, ICJ Reports 1986, cited in Gardam, above note 121, p. 391.

124 ICJ, On the Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, ICJ Reports 1996, cited in Hilary Charlesworth and Christine Chinkin, The Boundaries of International Law, Manchester University Press, Manchester, 2000, p. 260.

125 UN Department of Public Information, ‘Report of the Secretary-General on the work of the Organization’, UN Doc. DPI/1168–40 923 (1991), cited in J. Gardam, above note 121, p. 391. UN Charter, Art. 42: ‘Should the Security Council consider that measures provided for in Article 41 [non-forceful measures, e.g. economic blockades] would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations’.

126 Chinkin, Christine, ‘The Legality of NATO's action in Yugoslavia’, in International and Comparative Law Quarterly, Vol. 49, 2000, pp. 923–4.CrossRefGoogle Scholar

127 The increase in trafficking of women and girls for sexual exploitation is having wider repercussions in terms of health: for example, doctors are reporting increased transmission of AIDS from mother to child. A further social consequence of the increase in trafficking into the region has been an increase in divorce, as men have left their wives to marry women in brothels. See J. T. Picarelli, above note 100, p. 12.

128 For a discussion on Kuwait, see Human Rights Watch, A Victory Turned Sour: Human Rights in Kuwait since Liberation, NY, 1991; and Punishing Victims: Rape and Mistreatment of Asian Maids in Kuwait, NY, 1992.

129 Post-conflict research conducted in Afghanistan shows a steady rise in human trafficking. Agricultural workers in debt-bondage to local militia and drug traffickers are increasingly selling their daughters to traffickers. Ranking second in value after land, women are the most profitable asset used to settle debts in the Badakhshan province, where the market price for daughters and sisters ranges between US$1000 and US$4000. The IOM has confirmed the growing problem of human trafficking in Afghanistan, particularly among young rural women and children who are destitute and displaced. See Deniz Kandiyoti, ‘Between the hammer and the anvil: post-conflict reconstruction, Islam and women's rights’, in Third World Quarterly, Vol. 28, No. 3, 2007, p. 513.

130 N. Al Ali and N. Pratt, above note 15.

131 Dr Javier Solano, Press Statement (1999)040, 23 March 1999, available at http://www.nato.int/docu/pr/1999/p99-040e.htm (last visited 15 March 2010).

132 John Stuart Mill, ‘A few words on non-intervention’, 1859, in Michael Walzer, Just and Unjust Wars: A Moral Argument with Historical Illustrations, Allen Lane, London, 1977, p. 87.

133 A. Orford, above note 1, p. 18.

134 Robert Connell, ‘Masculinities, the reduction of violence and the pursuit of peace’, in Cockburn and Zarkov, above note 76, p. 34.

135 Karen Spurling, ‘Peacekeepers, Timor and the urgent need to address the warrior ethic’, unpublished paper given at the Dutch Defence College Conference, June 2007. Evidence of this attitude can be seen, for instance, in the numerous reservations to CEDAW regarding equality in public life, on the basis that the principle of equality cannot be extended to combat and combat-related duties. Reservations of this kind have been made by Australia, Austria, Germany, New Zealand, and Thailand. See H. Charlesworth and C. Chinkin, above note 124, p. 258.

136 Liza Featherston, cited in Dyan Mazurana, ‘Gendered institutions, gendered interventions’, in Cockburn and Zarkov, above note 76, p. 40.

137 Andrea McKay headed a field test programme using gender materials in East Timor, Eritrea/Ethiopia, the Democratic Republic of Congo, and Sierra Leone. She found the most successful training sessions to be those that included the local people as well as the military peacekeepers, as this allowed local men and women to share their experiences and stories with members of the armed forces. See D. Mazurana, above note 136, p. 48.

138 J. T. Picarelli, above note 100, p. 34.

139 D. Mazurana, above note 136, p. 43.

140 Examples of this include the UN operations in Haiti, Guatemala, and South Africa. See ibid.

141 Ibid. Success was also measured in terms of the operation's ability to fulfil its mandate, contribute to the peaceful resolution of disputes, promote rights education, assist the development of civil society, and empower the local community to reconstruct society.

142 H. Charlesworth and C. Chinkin, above note 124, p. 259.

143 Cynthia Cockburn and Meliha Hubic, ‘Gender and the peacekeeping military: a view from Bosnian women's organizations’, in Cockburn and Zarkov (eds.), above note 76, p. 116.