(2017) 1 African Human Rights Yearbook
3
Conceptually, extrajudicial killings of women are an extreme form
of violence against women in general. Such killings result from a
number of factors that predispose woman to that type of harm, a
violation usually perpetrated by a family member or an intimate
partner. The enabling factors of such killings include the culture of socalled ‘honour’ killings by male family or community members of
women perceived to have brought ‘dishonour’ upon their natal family
or their community.4 They also include the ingrained suspicion, in
some rural communities, that elderly women are witches and so open
to mob accusation and killing in the interest of the community. Another
factor is the suspect patriarchal attitude in some settings that a woman
is man’s ‘possession’ and may be killed when she ‘provokes’ him
particularly by conduct that excites his sexual jealousy. In these cases,
the factors that induce killing are female-specific, the killing is
deliberate and takes place in an exclusive space. However, there is
another category of extrajudicial killings of women in which death
results from the perpetration of other forms of gender violence such as
sexual or non-sexual assault in intimate partner relationships. Killing
in those circumstances is not always understood as extrajudicial partly
because in many instances it is difficult to divorce it from domestic
violence. The proportion of the perpetration of each of these two
categories of extrajudicial killings of women as against the other is
difficult to ascertain because available homicide statistics make no such
differentiation.
2
LEGAL ACCOUNTABILITY OF THE STATE IN
THE CONTEXT OF EXTRAJUDICIAL
KILLINGS
In this section I consider in the broadest outline the standards, and the
behavioural and substantive rules, which may be invoked to hold the
state accountable in the context of extrajudicial killings. I also consider
the circumstances of state accountability in international human rights
law in the context of extrajudicial killings, a form of killing that is also a
violation of the right to life guaranteed under human rights
instruments. The discussion is framed around the conceptual
distinction between two broad categories of perpetrators of
extrajudicial killings, state and non-state actors. In the last part of this
section I broach the matter of statistics on female victims of
extrajudicial killings in Africa.
2.1
Standards and rules
The object of every treaty, including human rights treaties, is to create
and impose binding obligations on states that are party to it. Parties to
4
‘Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary
Executions’, Doc A/71/372, 2 September 2016, para 99.