Murders often referred to as “honour killings” have become justified by culture and subsequently overlooked by domestic law. As such, familial homicides have become a silenced crisis as international law struggles to protect women who are murdered in the name of honour.
UNDERSTANDING FAMILIAL HOMICIDE
The term “honour” conceals the true nature of familial homicides. Fundamentally, there is no honour in murder, as they are premeditated crimes that imply that a woman may be killed for having besmirched her reputation.
Familial homicides aim to punish women who have violated their family’s honour. As described by American-Palestinian professor, Abu Odeh, the notion of lost honour is based on the idea of justification of “collective injury"; allowing anyone who has been dishonoured to restore their renown through murder, consequently, legitimising the practice.
However, this practice is a paradigmatic act of discrimination and violence against women. For countries in the Middle East, such as Lebanon, Palestine, Jordan, and Syria, honour lays at the heart of Arabian culture. Society has allowed culture codes to take precedent and overrule both domestic law and international laws. As a result of cultural norms and values, they have profoundly contributed to the way in which women in society actively exist.
CONFLICT OF CULTURE WITH HUMAN RIGHTS
Cultural codes have legitimatised the practice through historical and socially transmitted ideas. Communities have the power to grant or withhold honour; social acceptance has allowed culture to continue normalising the regaining of honour through murder, which has invaded and violated fundamental human rights and women's rights.
Human rights law is integral to protecting an individual's right against any harm, with universal values aiming to promote "Indivisibility, equality and non-discrimination". Laying foundations to ensure further that justice is met when an injustice has occurred.
The conflict between culture and human rights continues in countries where penal codes provide exemptions for when a murder is conducted in the name of “honour”. These laws often mirror socio-cultural attitudes, but also reflect transgression towards universal attitudes. Subsequently, countries like Lebanon and Jordan that permit such acts are silencing women and allowing the act to continue without objection.
OBSTACLES FACED BY ARAB PENAL CODES IN DOMESTIC LAW
There remains a common issue among the Arab Penal Codes, as there is a reluctance to apply the laws in the manner in which they are explicitly stated. This is because the legal codification of familial homicides in the Middle East’s domestic laws places an unmissable portrayal of gender bias within the justice systems.
Abu Odeh argues that the Arab Penal Codes regulating familial homicides limit the application of international articles ratified by signatory countries. This is a result of cultural bias, as there is an agenda to continuously uphold old traditions, and to preserve the nature of the patriarchal system within Middle Eastern communities.
Furthermore, a fair trial is not guaranteed as such killings are used to remedy lost honour. Article 98 of the Jordan Penal Code acts as a general provocation code that allows courts to provide lenient sentences for murders done in the name of “honour”. This provision expands the scope of article 340 by classifying the murder as being caused by the victim’s own acts. Further justifying crimes committed for “honour”, and guaranteeing that perpetrators receive a lesser punishment than other premeditated crimes.
The Court's decision that dishonourable conduct by the female victim would amount to "unrightful act against the defendant, and/or against the defendant's honour". Notably, article 98 gives men the permission to restore their honour on the grounds of acting in an uncontrollable rage, in this context murder. The tolerance of familial homicide has been further expanded by circumstances by which perpetrators may be excused or their criminality reduced.
PROTECTION PROVIDED BY INTERNATIONAL LAW
Cultural codes in the Middle East have deemed it acceptable to strip women of their core rights and defy international human rights, which are covered by numerous conventions and treaty mechanisms.
International law is proactively tackling the discrimination of women, with the creation of a flagship "Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) ". A provision of which calls for states to modify cultural patterns of conduct to eliminate prejudice against women. Although, it also fails to define equality and non-discrimination.
Lebanon and Jordan which have rectified this Bill of Right still have a mountain of discriminatory domestic laws against women, as do other countries in the Middle East, reflecting the sheer lack of political and cultural will within these countries to change their cycle of abuse and discrimination.
Familial homicides are illegal, both domestically and internationally. However, poor regulation and enforcement of the provisions set out to protect women, especially where countries fail to take action, and where the perpetrators of such crimes feel that their actions are morally and ethically justified by the culture codes, allow these homicides to persist.
Nour is an LLM masters student studying International Human Rights and a spoken-word artist. She graduated with a Law degree in Human Rights and Social Justice in the summer of 2020. Having worked in various NGO sectors, she aspires to become a Human Rights Lawyer.