6
Anyangwe/Extrajudicial killings of women in Africa
extrajudicial killings it covers a wide range of actors clustered by the
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
(UN Special Rapporteur) into four general groups. One group consists
of private actors operating at the behest of the government or with its
knowledge or acquiescence such as government-created-andcontrolled paramilitary groups, vigilante groups, death squads, and
private militias sometimes directed to kill political opponents or critics.
The State has direct responsibility for the actions of these non-state
actors. A second group consists of private contractors such as military
security contractors, corporations and consultants engaged to perform
core state activities such as prisons management, law enforcement, and
interrogation of suspects. The State is also responsible for the actions of
these non-state actors.
A third set of persons consists of armed groups that are parties to
an armed conflict. The legal responsibility for any killings committed by
any of these non-state actors in violation of international humanitarian
law falls directly and squarely on the armed group concerned. A fourth
set of persons comprises individuals in intimate relationships and
individuals in organised or controlled groups such as criminal gangs,
mobs, and vigilantes. These may perpetrate gang murders, vigilante
murders, ‘honour killings’, or domestic violence killings. The
responsibility of the State is engaged in circumstances where these
types of killings are suggestive of a pattern and the response of the
government to them is inadequate or not forthcoming.12
A simplified template proposed by another source identifies two
broad categories of killings by non-state actors: ‘conditioned homicide’
(killings by private individuals), and ‘mass actor killings’ (killings by
groups of persons).13 ‘Conditioned homicide’ cases include death of an
intimate partner resulting from systematic domestic violence in
circumstances where the State has failed to act to remedy the
situation14; ritual murders, especially of virgin girls, to harvest body
parts for profit and for use in rituals that supposedly confer wealth or
supernatural powers;15 witchcraft, ‘honour’, occult, and Albino
killings,16 and prejudice-induced killings such as xenophobic killings,
and killings of persons with a different sexual orientation or from an
12 ‘Report of the Special Rapporteur’ (2004) (n 1 above); ‘Report of the United Nations
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions’ (2010), Doc. A/
HRC/14/24, paras 45-47.
13
CG & HR (n 9 above) 12.
14 B Meyersfeld Domestic violence and international law (2010) 111.
15
The New Age, 2 October 2015, 25, reported the ritual murder of a 13-year old girl in
Liberia, noting: ‘[C]ases of ritual murders have been recorded in several African
countries, with body parts sometimes used in ceremonies believed to confer
supernatural powers. Children are particularly sought out as targets.’
16
The Mail & Guardian, 15-21 May 2015, 26, writes under the caption ‘Albinos fear
death as polls near’: ‘Thought to bring luck, people with albinism are hunted in Tanzania
– often by family members. … Albino body parts are associated with good luck and, as
the country gears up for elections, the demand for good luck charms goes up. … Tanzania
is thought to have one of the world’s largest populations of people with albinism, a
congenital disorder that robs skin, eyes and hair of pigmentation … A complete set of
albino body parts – including all four limbs, genitals, ears, tongue and nose – can fetch
up to $75 000 …’.