violations of international humanitarian law, including the 1949 Geneva Conventions, or other violations of international law”.204 Among other war crimes, the Commission also found evidence that both parties, Eritrea and Ethiopia, “failed to impose effective measures, as required by international humanitarian law, to prevent ‘several’ rapes of civilian women and girls in certain areas”.205 The Commission recognised the seriousness of wartime rape and noted that “this serious violation of international humanitarian law demands serious relief. Neither symbolic nor nominal damages will suffice in the face of the physical, mental and emotional harm known to be suffered by rape victims”.206 The Commission awarded an identical amount of US$ 2,000,000 each, to Eritrea and Ethiopia in damages for failing to prevent rapes of known and unknown victims. The Commission further expressed hope that both the States will use the funds awarded to develop and support health programs for women and girls in the affected areas. 207 Although the awards cancelled themselves out and the victims did not directly benefit from it, the decision is nevertheless important for the recognition of the serious nature of rape and the need therefore for relief that goes beyond symbolism. 6.3 Ad-hoc Criminal Tribunals The ad-hoc criminal tribunals and courts established since the 1990s such as the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), Special Court for Sierra Leone (SCSL), Special Panels for Serious Crimes in Timor-Leste (SPSC), and the Extraordinary Chambers of the Courts of Cambodia (ECCC) have used the Geneva Conventions as the basis to articulate provisions of war crimes in their respective statutes and build upon it in their case law to address the criminal impact of sexual violence. Some of the crimes of sexual violence are also recognised as crimes against humanity in the statutes of these tribunals. 6.3.1 Judgments on Sexual Violence There are a number of judgments from such tribunals that advance the laws related to sexual violence and reflect women’s experiences of these crimes. They acknowledge the severity of sexual violence, define various crimes of sexual violence, establish rape as torture and sexual violence as a means of genocide; and apply torture and other provisions to sexual violence where explicit prohibition of sexual violence did not exist. Some of these cases are listed below with relevant quotes and excerpts that could be helpful for advocacy purposes and campaigns for reforms in laws relating to sexual violence. The arguments may also be quoted when prosecuting such or similar crimes against women nationally. Referring to these cases in the context of national or international criminal prosecutions may also assist with the education of judges and other actors. i) Prohibition of Sexual Violence and Recognition of its Serious Nature As noted above, the EECC ruled on the serious nature of sexual violence and the need to go beyond symbolic relief. In the case known as the ‘RUF’ case, the SCSL Trial Chamber observed that “[t]he deliberate and concerted campaign to rape women constitutes an extension of the battlefield to the women’s bodies”.208 Emphasising the importance of codifying the prohibition of sexual slavery in the statute of the SCSL and the ICC, the RUF Trial Chamber said that such inclusion is “designed to draw attention to serious crimes that have been historically overlooked and to recognise the particular nature of sexual violence that has been used, often with impunity, as a tactic of war to 204 Eritrea-Ethiopia Claims Commission, Information available at: http://www.pca-cpa.org/showpage.asp?pag_id=1151. 205 ERITREA ETHIOPIA CLAIMS COMMISSION set up in the Permanent Court of Arbitration, FINAL AWARD, Ethiopia’s Damages Claims between The Federal Democratic Republic of Ethiopia and The State of Eritrea, The Hague, August 17, 2009, p. 27. 206 Ibid., p. 28, ¶ 109. 207 Ibid., p. 28, ¶ 110. 208 The Prosecutor v. Sesay, Kallon & Gbao, Case No. SCSL-04-15-T, Judgment (Special Court for Sierra Leone, Trial Chamber I, Mar. 2, 2009), available at http://www.sc- sl.org/LinkClick.aspx?fileticket=D5HojR8FZS4%3d&tabid=215 (hereinafter the RUF TJ). 58 6. INTERNATIONAL HUMANITARIAN AND CRIMINAL LAW | REDRESS