Forced pregnancy is the practice of forcing a woman or girl to become pregnant or remain pregnant against her will. This act is often as part of a
forced marriage
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later force ...
, as part of a programme of breeding
slave
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
s, or as part of a programme of
genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by ...
. Forced pregnancy is a form of
reproductive coercion
Reproductive coercion (also called coerced reproduction, reproductive control or reproductive abuse) is a collection of behaviors that interfere with decision-making related to reproductive health. These behaviors are often perpetrated by a curre ...
.
["Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy]
''Rome Statute of the International Criminal Court''
17 July 1998
Imperial Japan
Female prisoners of Unit 731 were forced to become pregnant for use in experiments.
Bride kidnapping
The practices of
bride kidnapping
Bride kidnapping, also known as marriage by abduction or marriage by capture, is a practice in which a man abducts the woman he wishes to marry.
Bride kidnapping (hence the portmanteau bridenapping) has been practiced around the world and t ...
and
forced marriage
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later force ...
typically (with the exception of purely symbolic "bride kidnappings" which are actually consensual
elopement
Elopement is a marriage which is conducted in a sudden and secretive fashion, sometimes involving a hurried flight away from one's place of residence together with one's beloved with the intention of getting married without parental approval. A ...
s) involve the rape of the "bride" with the intention of forcing her to become pregnant, putting her in a position where she becomes dependent on the rapist and his family and, because of cultural attitudes toward rape, unable to return to her own family. In
Kyrgyzstan
Kyrgyzstan, officially the Kyrgyz Republic, is a landlocked country in Central Asia lying in the Tian Shan and Pamir Mountains, Pamir mountain ranges. Bishkek is the Capital city, capital and List of cities in Kyrgyzstan, largest city. Kyrgyz ...
, thousands of young girls and women are kidnapped every year to be forced into marriage. Although the practice was outlawed in 2013, bride kidnapping continues to exist, with destructive consequences for society. It is often referred to as a tradition, perceived as the obvious thing to do when the male is ready for marriage.
As a means of genocide
Rape, sexual slavery, and related actions including forced pregnancy, are now recognized under the Geneva Convention as
crimes against humanity
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as ...
and
war crime
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s;
in particular from 1949, Article 27 of the
Fourth Geneva Convention
The Convention relative to the Protection of Civilian Persons in Time of War (), more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1 ...
, and later also the 1977 Additional Protocols to the 1949 Geneva Conventions, explicitly prohibit wartime rape and enforced prostitution. The
Rome Statute
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
Explanatory Memorandum, which defines the jurisdiction of the
International Criminal Court
The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
, recognises rape,
sexual slavery
Sexual slavery and sexual exploitation is an attachment of any ownership rights, right over one or more people with the intent of Coercion, coercing or otherwise forcing them to engage in Human sexual activity, sexual activities. This includ ...
,
forced prostitution
Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" app ...
, and forced pregnancy as
crimes against humanity
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as ...
if part of a widespread or systematic practice.
[As quoted by Guy Horton in ]
Dying Alive – A Legal Assessment of Human Rights Violations in Burma
' April 2005, co-Funded by The Netherlands Ministry for Development Co-Operation. See section "12.52 Crimes against humanity", Page 201. He references RSICC/C, Vol. 1 p. 360
The
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda (ICTR; ; ) was an international court, international ''ad-hoc'' court established in November 1994 by the United Nations Security Council in United Nations Security Council Resolution 955, Resolutio ...
identified rape as capable of amounting to
genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by ...
when used systematically or on a mass scale to destroy a people; later the
International Criminal Tribunal for the former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
also categorized rape as capable of being a
crime against humanity
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as ...
. In 2008 the
U.N. Security Council's
resolution 1820 identified such acts as capable of being "war crimes, crimes against humanity or ... genocide".
Despite these measures, rape, whether systematic or otherwise, remains widespread in conflict zones.
See also
*
Eugenics
Eugenics is a set of largely discredited beliefs and practices that aim to improve the genetic quality of a human population. Historically, eugenicists have attempted to alter the frequency of various human phenotypes by inhibiting the fer ...
*
Forced abortion
Forced abortion is a form of reproductive coercion that refers to the act of compelling a woman to undergo termination of a pregnancy against her will or without explicit consent. Forced abortion may also be defined as coerced abortion, and may o ...
*
Forced sterilization
Compulsory sterilization, also known as forced or coerced sterilization, refers to any government-mandated program to involuntarily sterilize a specific group of people. Sterilization removes a person's capacity to reproduce, and is usually do ...
*
Genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by ...
*
Reproductive coercion
Reproductive coercion (also called coerced reproduction, reproductive control or reproductive abuse) is a collection of behaviors that interfere with decision-making related to reproductive health. These behaviors are often perpetrated by a curre ...
*
Pregnancy from rape
Pregnancy is a potential result of rape. It has been studied in the context of war, particularly as a tool for genocide, as well as in other unrelated contexts, such as rape by a stranger, statutory rape, incest, and underage pregnancy. The ...
*
Sexual slavery
Sexual slavery and sexual exploitation is an attachment of any ownership rights, right over one or more people with the intent of Coercion, coercing or otherwise forcing them to engage in Human sexual activity, sexual activities. This includ ...
*
War on Women
References
{{reflist
Genocidal rape
Reproductive coercion
Midwifery
Crimes against humanity by type