The historical roots of reproductive violence as a crime against humanity

“ Would mankind, in following such advice, merely resort to greater abstinence before their means allow the expense of children, and to greater prudence after that period, no fault could be found; but when we discover criminal abortion thus justified and almost legitimated, we may well oppose to such doctrine the words of the indeed admirable Percival, “To extinguish the first spark of life is a crime of the same nature, both against our Maker and society, as to destroy an infant, a child, or a man.” ”

“ We have now seen that the induction of a forced abortion is, in reality, a crime against the infant, its mother, the family circle, and society; that it is attended with extreme danger, whether immediate or remote, to the mother's happiness, to her health, mental and physical, and to her life ”

“ The law, moreover, enjoins us to bring up all our offspring, and forbids women to cause abortion of what is begotten, or to destroy it afterward; and if any woman appears to have so done, she will be a murderer of her child, by destroying a living creature, and diminishing human kind ”

“ Thus it is seen that abortion is a crime not merely against the life of the child and the health of its mother, and against good morals, but that it strikes a blow at the very foundation of society itself. ”

“ We have seen that unjustifiable abortion, alike as concerns the infant and society, is a crime second to none; that it abounds, and is frightfully on the increase; and that on medical grounds alone, mistaken and exploded, a misconception of the time at which man becomes a living being, the law fails to afford to infants and to society that protection which they have an absolute right to receive at its hands, and for the absence of which every individual who has, or can exert, any influence in the matter, is rendered so far responsible. ”

“ It is an Injury to Society.—The perpetuation of the human race is endangered as soon as marriage is abused as to its natural end. Hence, after the crime of homicide which destroys human life already in existence, contraception seems to rank next in enormity, since it prevents human life from coming into existence. This vice spreads moral degeneracy and decay from the home itself, and is rightly called race-suicide, since it depopulates and destroys the nation by the act of its own people. ”

“ Noting that civilians account for the vast majority of those adversely affected by armed conflict; that women and girls are particularly targeted by the use of sexual violence, including as a tactic of war to humiliate, dominate, instil fear in, disperse and/or forcibly relocate civilian members of a community or ethnic group ”

“ Reaffirms that sexual violence, when used or commissioned as a tactic of war in order to deliberately target civilians or as a part of a widespread or systematic attack against civilian populations, can significantly exacerbate situations of armed conflict and may impede the restoration of international peace and security ”

“ The mother who deliberately sets about to destroy this life by want of care, or by taking drugs, or by the use of instruments, commits a great crime, and is just as guilty as if she strangled her new-born infant. The crime she commits is child-murder. Women in their frenzy at finding themselves in this condition, and with no slightest idea of the sin that they are committing, are constantly guilty of committing abortions on themselves, or going to professional abortionists to have this crime of child-murder committed. ”

“ Better, far better, bear a child every year for twenty years than to resort to such a wicked and injurious step; better to die, if need be, in the pangs of childbirth than to live with such a weight of sin on the conscience."
There can be no question but that many women are rendered incurable invalids by the violence which they do to nature by interrupting its work, destroying the growing life, and causing its expulsion in an unnatural way. ”

“ Child-rearing is also legally insured by those provisions which forbid and punish abortion, infanticide, and infant desertion. There could be no better proof of the insufficiency of maternal instinct as a guaranty of population than the drastic laws which we have against birth control, abortion, infanticide, and infant desertion. ”

“ Not only does the removal of decision-making power threaten women in a physical sense; the indecision of knowing whether an abortion will be granted inflicts emotional stress. Section 251 clearly interferes with a woman's bodily integrity in both a physical and emotional sense. Forcing a woman, by threat of criminal sanction, to carry a foetus to term unless she meets certain criteria unrelated to her own priorities and aspirations, is a profound interference with a woman's body and thus a violation of security of the person. ”

“ Some States have enacted laws extending to all forms of abortion procedure, including taking medication in one's own home. They have passed laws without any exceptions for when the woman is the victim of rape or incest. Under those laws, a woman will have to bear her rapist’s child or a young girl her father's—no matter if doing so will destroy her life. So too, after today's ruling, some States may compel women to carry to term a fetus with severe physical anomalies—for example, one afflicted with Tay-Sachs disease, sure to die within a few years of birth. ”

“ This is nowhere more evident than in the area of women’s sexuality and reproductive health. Given the moral concern about abortion and the range of stances toward it, the view of any particular religious tradition should not be imposed on the consciences of others. Decriminalization of abortion is a minimal response to this reality and a reasonable means of protecting the life and health of women at risk. ”

“ It was then against the rules of civilized warfare to shoot, stab, burn or beat to death the civilian populations of captured territory, to starve prisoners, to kill prisoners and wounded men, to use expanding bullets, to rape women, to force women to become soldier's prostitutes, to poison wells, to use poison in any form, to destroy maliciously works of art, science and literature; to sink merchant ships at sea without assuring the safety of passengers and crew, and to bombard cities from the air for the slaughter of their helpless civilian inhabitants. ”

“ But the assassination of an enemy is not contrary to the law of nations, unless by means of traitors, and even this is held allowable against a rebel or robber, who are not protected by the rules of formal war. But the violation of women is contrary to the law of nations. [415] The rights of war with respect to enemies’ property are unlimited, without exception even of churches or sepulchral monuments, sparing always the bodies of the dead. ”

“ Outrages upon women have been far more numerous than in any war between civilised nations during the last hundred years. One crime deserves special condemnation, because it is done deliberately and is justified by its perpetrators. This is the practice of seizing innocent non-combatants, usually the leading inhabitants of a town or village, calling them hostages and executing them in cold blood if the population of the town or village whom “the hostages” cannot control, fail to obey the commands of the invaders. ”

“ Recognising, with grave concern, that women and girls are often exposed to serious forms of violence such as domestic violence, sexual harassment, rape, forced marriage, crimes committed in the name of so-called “honour” and genital mutilation, which constitute a serious violation of the human rights of women and girls and a major obstacle to the achievement of equality between women and men ”

“ Strongly condemns all armed groups operating in the region and their violations of international humanitarian law, as well as other applicable international law, and abuses of human rights, including attacks on the civilian population, MONUSCO peacekeepers and humanitarian actors, summary executions, sexual and gender-based violence and large scale recruitment and use of children, and reiterates that those responsible should be held accountable ”

“ Demands that all parties immediately cease all forms of violence and human rights abuses against the civilian population in South Sudan, in particular gender-based violence, including rape and other forms of sexual violence as well as all violations and abuses against children in violation of applicable international law such as their recruitment and use, intentional killing and maiming, abduction and attacks against schools and hospitals and calls for specific and time-bound commitments to combat sexual violence in accordance with resolution 1960 ”

“ Murder and quarrels will multiply; many women will be carried off as captives of war and violated, while others will be ensnared and seduced into fornication; children will be begotten in adultery and unlawful co-habitation. Some take their kinswomen or sisters-in-law, while others seduce wives away from their husbands; and thus all forms of whoredom are committed and degeneracy will come to light in all the generations that are begotten in such immorality. Every form of crime will be committed. Peasants and subjects become defiant and disobedient ”

“ Very often after the Germans violated women and children in the invaded towns and villages, they murdered them cruelly. Those left alive have been cherished by their men, only too thankful that they were spared.
“Not that the men do not suffer,” said Madame de Ste. Croix. “We prize virtue and stainlessness in women. But we love justice more. And if this dreadful thing is hard on men whose betrothed are wronged, how much harder it is on a man whose wife has borne children to the brutal boche. ”

“ The accentuation, in the present War, of the notion of women as property, is evident in more brutal form in the horrors of rape, in the deliberate and organized use of women as breeders, with the same efficiency with which Germany breeds her swine.
Nevertheless, here, too, strong counter currents are at work. As this is a war of nations, not of armies, it is the whole people that, in each instance, has had to be mobilized and organized. In all the democracies women have voluntarily risen to this need, just as citizens have voluntarily become soldiers. ”

“ Neither innocent childhood, nor helpless old age; neither youth, sex, rank, nor beauty, could disarm the fury of the conquerors. Wives were abused in the arms of their husbands, daughters at the feet of their parents; and the defenceless sex exposed to the double sacrifice of virtue and life. No situation, however obscure, or however sacred, escaped the rapacity of the enemy. In a single church fifty-three women were found beheaded. The Croats amused themselves with throwing children into the flames; Pappenheim's Walloons with stabbing infants at the mother's breast. ”

“ That reason is that the destruction of the women is the destruction of the community. Men are comparatively of no account: kill 90 per cent, of the German men, and the remaining 10 per cent. can repeople her. But kill the women, and Delenda est Carthago. Now this is exactly what our Militarists want to happen to Germany. Therefore the objection to killing women becomes in this case the reason for doing it. Why not? No reply is possible from the Militarist, disable-your-enemy point of view. ”

“ Most serious has been the war’s effect upon the children. At home, as at the front, it is the young who have been sacrificed. The heaviest civilian losses have come through increased infant mortality and decreased birth-rates. The “slaughter of the innocents” has thus been twofold: it has slain millions of those already alive, and it has prevented millions more from being born or conceived. The decreased fecundity of women during the war even under good material conditions apparently shows that war’s psychological reflexes tend to induce sterility. ”

“ They have committed depravities, crimes against humanity, without shame or compunction. They’ve targeted civilians with death and destruction. Used rape as a weapon of war. Stolen Ukrainian children in an attempt to — in an attempt to steal Ukraine’s future. Bombed train stations, maternity hospitals, schools, and orphanages.
No one — no one can turn away their eyes from the atrocities Russia is committing against the Ukrainian people. ”

“ The answer to the question as to what the crime against humanity itself consists of can only be given from the examples of the statute and can be supported by the interpretation which the International Military Tribunal has given. According to this the crime against humanity is the aggravation of a war crime or a crime against peace. It differs from these crimes by its dimension, its system, and the manner of execution. ”

“ Atrocities or offenses against persons or property constituting violations of the laws or customs of war, including but not limited to, murder, ill-treatment or deportation to slave labor or for any other purpose, of civilian population from occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity. ”