UN Security council, resolution no. 1820 recognizes rape as a crime of war and Kenya is a signatory to this resolution

Some attackers explicitly stated to their victims that the rapes were politically motivated — i.e., that the victim supported the “wrong” side

A number of police (regular, AP, GSU) sexually assaulted women as well. In at least one case, a woman was raped by police after they spotted a political poster on the wall in her house — she was a supporter of the “wrong” party. (At the same time, police have been guilty of sexual violence before: in the refugee camps in the north, during the sweep in Kibera [or Mathare?] for mungiki in June 2007 — so sexual violence by them constitutes both a long-term pattern, and an explicitly political pattern during PEV.)

Re Bosnia: I haven’t followed Hague cases re Rwanda closely enough — have there similar judgments there? And wasn’t someone from DRC just indicted on charges of HR violations, including sexual violence?

It might be worthwhile for someone to contact some of the NGOs to see if they have any plans in the works. I’ve not heard anything from Njoki Ndung’u, or have I missed it?

Given the anecdotes and evidence that was collected during that period, I think a fairly strong claim can be made that there was a pattern of violations – yes, there was a particular context for it – but given previous judgments e.g. in Bosnia one can argue that there was a pattern of targeting women specifically through political/ethnic violence.

I think it would strengthen the case if NGOs in Kenya did the submission . I’m sure if they put their minds to it, they could get the victims involved they were quite vocal during the actual crisis, I’d be very disappointed if they go quiet now – Nairobi Hospital’s gender recovery center alone has many horror stories. To the extent that anonymity is preserved unlike e.g. having to testify in a local court, the barriers to getting victims to testify might be lower.

I think, unfortunately, including male victims will reduce the larger point but there is no reason why reference to their experiences cannot be mentioned as well.

Who Can Submit a Complaint : Individual victims of human rights violations and individuals who can identify a particular victim(s).

Role of Advocates: NGOs may submit complaints, but have a very limited role in the proceedings

Would they accept sexual violence during PEV a “pattern of violations”? Or chalk it up to a very particular context?

Also, it would appear that NGOs in Kenya (only in Kenya? or women’s/human rights groups overseas?) could submit a complaint, but the victims would have to play a very active role if the complaints were to be investigated. Waki got 31 victims to testify. I wonder if FIDA, CREAW and others (WILDAF, COVAW) could get victims to be part of an international process?

And: what about male victims? Most victims of sexual violence during PEV were women, but it appears that many men (who knows how many?) were assaulted as well – some by forced circumcision, some by penile amputation, some by sodomy. Would it be wise to follow Ndung’u's strategy with the SOA 2006, in arguing that sexual violence affects men and women? (Thus making it not a “women’s” issue but a gender-neutral human rights issue.) Or does that reduce the larger point that women are victimized more than men, and that this is part of a larger, systemic state of relative powerlessness of women in Kenya (and elsewhere, for that matter)?

If all goes well next Tuesday here in the US, Obama will be president – perhaps he can be called upon to pressurize Kenyan politicians, and give at least moral encouragement to civil society groups in Kenya.

In any event, thanks Ory for pushing the issue.