Opening Remarks聽聽
Question Posed:
SRSG Patten, could you provide your views on the road traveled towards accountability for conflict-related sexual violence and perhaps how the Team of Experts has been involved in addressing impunity over the past ten years?
Before I answer your question, I would like to first and foremost, extend my personal thanks to the Journal of International Criminal Justice for collaborating with my mandate and the Team of Experts on the Rule of Law and Sexual Violence in Conflict in producing this Special Issue, as well as to Washington University in St. Louis for hosting this first webinar in the Digital Dialogue Series. I am also very grateful to my fellow panelists, especially my dear friend and predecessor Ms. Margot Wallstr枚m, for participating, and to everyone who joined us today.
蘑菇视频 Security Council has established that the use of conflict-related sexual violence threatens international peace and security. Most importantly, for today鈥檚 discussion, the Council recalled that ending impunity for these crimes is a responsibility for every State.
A decade ago, the Security Council created the post of the Special Representative of the Secretary-General on Sexual Violence in Conflict in order to provide coherent global and strategic leadership to address conflict-related sexual violence. When I assumed this post, I stated that my main strategic priorities include turning cultures of impunity into cultures of deterrence and prevention as well as a survivor -centered approach as for me this mandate has the face of a survivor. If we are to provide a holistic, survivor-centered approach to addressing conflict-related sexual violence, we must ensure justice for survivors. The justice processes we construct must also tackle intersecting inequalities and root causes to ensure that no one is excluded from these processes.
One of my main roles as Special Representative is to negotiate agreements on behalf of the 蘑菇视频 system with Member States, regional organizations, and parties to conflict on upholding their obligations under both the Security Council resolutions on conflict-related sexual violence and international law. Each agreement that I have negotiated, whether in the form of a Joint Communiqu茅 or Framework of Cooperation, has placed holistic, survivor-centered justice at its heart.
Not only is that my duty as Special Representative, but it is also a profoundly personal one. My previous work as a lawyer, an independent expert for the CEDAW Committee and other 蘑菇视频 mechanisms, and as a civil society activist all reinforced to me the need for governments to fulfill their obligations to provide justice to the survivors.
What does that mean in practice?
It means fostering national ownership to ensure national legislation to meet international norms and standards; enhancing the political will and technical capacity for governments to carry out their investigations and prosecutions of perpetrators with due process of law; securing the protection and support of victims and witnesses; and guaranteeing that survivors have services, restitution and reparation for the sexual violence they suffered.
Importantly, it also means listening to the voices of survivors and civil society organizations to understand what justice means for them and respond to their needs.
One of the tools at my and every Member State鈥檚 disposal was also created by the Council over a decade ago. It is the Team of Experts. The Team of Experts鈥� mandate is to assist States in strengthening their justice institutions so that they may fulfill their obligations under international law to end impunity for conflict-related sexual violence. The Team does this through the provision of targeted technical expertise and material assistance to national authorities in collaboration with its 蘑菇视频 partners on the ground and civil society.
The Team has engaged heavily at the field level to provide this support in conflict, post-conflict and fragile situations globally. And we count some important successes.
For example, in the Democratic Republic of the Congo, the Team worked with the country team on prioritizing the gravest cases of conflict-related sexual violence for action by the Government. This prioritization strategy has resulted in the prosecution of several emblematic cases. For example, there was a conviction in the Kavumu case that you will hear more about by the panelists, as well as the trial of the infamous Ntabo Ntaberi Sheka who stands accused of one of the worst mass rapes of the past decade in the country with over 300 victims. Accountability is progressing well in the DRC.
In 聽Guinea-Conakry, the Team deployed an expert to work closely with partners to advance the trials for the massacre and mass rape around the Conakry stadium of 28 September 2009. In 2017, fifteen indictments by Guinea鈥檚 investigative panel of judges were issued including against a former head of State. Appeals were rejected on these indictments in 2019 and a Government steering committee has been established to take these cases forward to trial. Unfortunately, the trials have not yet taken place and it will require genuine political leadership and material support to have these trials proceed.
In Central African Republic, the Team has deployed an expert to work with national authorities to set up a specialized police unit to respond to sexual and gender-based violence crimes. This expert is also working with the Central African Republic鈥檚 judiciary 鈥� both national and special criminal court – to ensure that sexual violence cases are heard promptly.
Our work must, however, not remain static. As the manifestations of 聽sexual violence vary in different conflict settings often becoming more brutal than ever, we must adapt to address new trends. In that context, understanding and addressing sexual violence committed by terrorist groups such as Daesh and Boko Haram has been another priority for me. The Team continues to engage with the Government of Iraq, victims and civil society groups who all acknowledge the need to bring trials against perpetrators of sexual violence not only as terrorism but as sexual violence offences under Iraq鈥檚 national law. In Iraq, as in Nigeria and in many other countries where sexual violence has been increasingly used as a tactic of terrorism, the Team continues to engage with national authorities, but the challenge to bring these perpetrators to justice charged specifically for sexual violence remains a challenge for all of us. As a community, we need to reflect on how we ensure sexual violence victims of terrorism are fully recognized.
Justice for crimes of conflict-related sexual violence remains elusive. But as you will hear today and during the series, there is growing evidence that demonstrates that at national level, whenever there is political will and capacity, impunity for sexual violence can be addressed. For success to continue, this requires renewed and continued investment in this agenda. This is particularly important at a time when 聽COVID-19 may divert attention despite increasing needs generated by the pandemic.
The Team of Experts and the Journal produced this Special Issue with authors from a variety of backgrounds and disciplines to show that progress can and has occurred. But also that challenges remain. I believe the articles contained within this Special Issue are set to become a major contribution to the literature. I am excited to listen and dialogue with all the panelists on their essential work in this field. Many thanks to all of you.
Thank you.
END.
Questions & answers segment
Question 2
How can international institutions work better with national actors, when the latter are reluctant to investigate? What interventions can be made at the technical and political level?
National actors may be reluctant to investigate for two key reasons: they may be genuinely unable to investigate due to lack of capacity, resources or access; or they may be unwilling to do so due to political interests or priorities.
If there is political will-engagement is easy. Then with relevant capacity support, justice is definitely achievable if you 聽create the conditions for it to occur. After all, that is our obligation to current survivors of sexual violence, but also to protect future generations so that they may never experience this scourge.
This is precisely the kind of 聽support that the Team of Experts provides to member states:
- Strengthening judicial mechanisms for prosecuting perpetrators
- Training of Judges, prosecutors, and police to gather evidence and prosecute crimes effectively without shaming and re-traumatizing victims.
Often the situation is not so clear cut and there is a combination of both-lack of capacity and lack of political will to investigate and bring perpetrators to justice.
In such a situation, beyond technical support, my Office also seeks to secure political commitments with national governments on specific issues. If you go through the Joint 颁辞尘尘耻苍颈辩耻茅蝉 signed between the 蘑菇视频 and the governments of CAR, DRC, Iraq, Mali, Myanmar or Somalia, you will see that both parties make very specific commitments regarding the promotion of accountability for serious crimes. Each Joint Communiqu茅 is signed on behalf of the 蘑菇视频 system; it is an advocacy tool, not only for my office but also for 蘑菇视频 agencies and anyone seeking a concrete benchmark to hold the government accountable. Additionally, I do think that the Joint 颁辞尘尘耻苍颈辩耻茅蝉, combined with an adequate monitoring and reporting system, allow us to have the evidence necessary to take action and to better understand the need for further action.聽With the exception of Myanmar where implementation of the Joint Communique is very slow, it has not been so difficult to engage with the other priority countries.
In addition, local practitioners who work with survivors of CRSV, can also play a vital role in 聽promoting accountability. With appropriate training and resources, they can also 聽contribute to the documentation and prosecution of sexual violence committed as a war crime, crime against humanity, and act of genocide.
Question 4
The special issue聽talked about聽the progress made in the field of domestic accountability for serious crimes of sexual violence. However, in the last years, we have been confronted with such brutal crimes performed by terrorist groups like ISIS or Boko Haram. We also know that neither national courts nor the ICC, have prosecuted a single case of sexual violence committed by these groups.聽What do you think can be done at the political level make any real progress on this issue?
It is true that, while 聽there has been significant progress in some countries regarding the fight against impunity for sexual violence in conflict, in other settings the complete absence of justice for these crimes remains a great challenge.
We have seen how when addressing crimes committed by terrorist groups, national judicial authorities traditionally rely on well-established anti-terrorism legislation that allows for 鈥渆asy charges鈥� focusing on 鈥渁ffiliation and membership鈥� and not requiring and/or demanding evidence of additional criminal conduct.
I still recall my meeting with High Judicial Council in Iraq. I was trying to impress on him that if sexual offences are not prosecuted per se, there will be no historical record of the atrocities committed by Daesh on women, especially the Yezidi women and girls. I was trying to highlight the importance for women to have their day in Court. The Chief Justice told me how it was easier.
Additionally, while acts of sexual violence are traditionally criminalized in general Criminal Codes, they are not criminalized as acts of terrorism under existing anti-terrorism laws; consequently, prosecutors do not consider sexual violence when analyzing the crime-base or preparing their cases in the context of terrorism.
Another drawback noted is that 聽the investigation and prosecution of crimes of sexual聽violence, under general Criminal Codes, is often conditioned on the complaint of a victim, not the prosecutor鈥檚 proprio motu听辫辞飞别谤蝉.
You may recall that in March 聽2020, the media聽 reported a first judicial case where sexual violence committed by ISIS was acknowledged with the perpetrator 聽convicted to 聽death sentence before a criminal court in Baghdad. It soon transpired that this information was not accurate at all.
It turned out that although the court 聽heard (the victim鈥檚 聽testimony about the acts she endured-from 聽her capture, 聽to her sale and 聽sexual enslavement by the defendant, the testimony was not, in itself,聽a constitutive element of any of the criminal offences contained in the charges against the defendant:聽violence or threats which aim to bring about fear among people听辞谤/补苍诲听participation in armed terrorist gang. The defendant was charged and convicted solely under articles 2/1,3 聽and 4/1 of the聽聽(hereinafter, ATL).
Moving forward, I think that it is imperative that we impress om member states the importance of :
- Crimes of sexual violence-rape or sexual slavery- be 聽prosecuted as an existing offence under general criminal law (for example, rape or trafficking);
- We also have to pursue efforts to support member states in bringing legislative reform. It is important for national legislators and policy makers to ensure legal reform, that would ensure that the full range sexual violence offences (rape, sexual slavery, enforced prostitution, forced pregnancy, and enforced sterilization) are covered in their national penal laws.
In this regard, the office has launched, on the occasion of the commemoration of the 10th anniversary of the office, a legislative guidance for the benefit of member states.
But, of course, for any of these things to happen, we need the commitment of the relevant Member States to acknowledge the problem and work together on identifying and implementing a solution that would allow us to bring justice to victims of sexual violence committed by terrorist organizations. It would be important to have an open discussion and reflect with Member States, national judicial institutions and victims associations on how we can address these problems and develop a victim-centered, rather than perpetrator-driven, approach to justice.