The costs of lawlessness are self-evident globally in terms of impunity for crimes of sexual violence in conflict. The need for justice is profound. During every field mission, survivors demand justice at home. Acts of sexual violence committed during periods of conflict are, first and foremost, crimes against the individual survivor and as such, must be investigated and prosecuted locally under domestic laws as part of every State鈥檚 responsibility to protect its citizens. Though not all survivors of sexual violence wish to engage the formal justice system, it is imperative that the legal process works well for those who seek accountability. Accordingly, it is critical to understand the day-to-day challenges in pursuing justice and accountability for sexual violence cases at the domestic level.
For both domestic and international accountability, the challenges are multiple and multidimensional and relate mainly to the reporting of crimes of sexual violence in the first place as well as in the investigation and prosecution of cases. There can be no justice and accountability if cases of sexual violence are not reported in the first place. This challenge can be overcome by using a survivor-centered approach, as mandated by Security Council resolution 2467 (2019) which requires an understanding of and actions to address the social and structural barriers to reporting: shame and stigma, fear of retaliation, limited awareness of legal rights, lack of trust in law enforcement institutions in addition to insecurity and mobility challenges, shortages of police and health staff, and damaged infrastructure. A survivor-centered approach must offer support and protection throughout the reporting, investigation, and prosecution stages. These include a safe space for reporting crimes of sexual violence and the provision of holistic services from medical to specialized mental health services to address trauma; safe shelter; economic livelihood support; and community sensitization and awareness efforts.
The international community must also invest more in specialized police, prosecution, and judicial units which have great potential in optimizing accountability for sexual violence as an international crime. The emergence of specialized police, prosecution and healthcare units focused on the prosecution of sexual violence including as international crimes, are positive developments. These teams must be adequately trained to ensure the detection, investigation, and prosecution of conflict-related sexual violence committed as a war crime, crime against humanity, and act of genocide. My Team of Experts has supported such specialized units in Central African Republic and Democratic Republic of the Congo, which has led to greater accountability at national level.
Impunity can be reversed with sustained and holistic support. One recent example is the opening of the historic domestic trial in Guinea, Conakry on 28 September, 13 years, day for day after the stadium massacre where at least 156 people were killed, and 109 women and girls were victims of sexual violence. My Office, through its Team of Experts provided technical assistance for over a decade- from support to the panel of investigating judges, training of judges, lawyers and magistrates, establishment of a Steering Committee for the organization of the trials, victim and witness protection, to support to victims and witnesses including the provision of medical and specialized mental health services as well as livelihood support. That decade long investment resulted in the prosecution of 11 accused including several former Ministers as well as the former President Dadis Camara. This ongoing trial can potentially demonstrate what national ownership, positive complementarity, and survivor-centered justice can achieve towards sustainable peace, justice, truth, and national reconciliation.
Further, many Member States鈥� legislative frameworks are inadequate and result in impunity for perpetrators. To address this gap, my Office launched Model Legislative Provisions and Guidance on Investigation and Prosecution of Conflict-Related Sexual Violence last year which constitute a state-of-the-art victim and survivor-centric codification of the strongest criminal law and criminal procedure law provisions available.聽Most importantly, the Model Legislative Provisions and Guidance was prepared with survivors, and it is about and for survivors. These Provisions will ensure that legislatures and judiciaries will not only 鈥渄o not harm鈥� but will actually 鈥渄o it right.鈥� For too long, victims and survivors of conflict-related sexual violence have been disempowered by the perpetrators. Putting them in the driver鈥檚 seat in the justice process puts the power back into their hands, where it belongs. My office will continue to support national legislators in enacting, reviewing, or revising legal provisions in order to codify conflict-related sexual violence crimes as international crimes at national level.
It is my firm conviction that victims and survivors deserve justice close to home; justice which involves and includes them; justice which empowers rather than sacrifices them; justice which honours their courage and respects their constraints;聽 justice which considers their needs as a core consideration rather than an afterthought; justice which uplifts them rather than further victimises them; justice which paves the path for other victims to come forward; and justice which is accessible, tangible, visible, and transformative.
The Model Legislative Provisions and Guidance is one such tool tool that can make a difference in terms of moving beyond traditional judicial accountability to providing survivor-centred justice for grave crimes involving sexual violence.