A year after Russia鈥檚 full-scale invasion of Ukraine, this brutal war continues to take an extraordinary toll 鈥� thousands of civilians killed or wounded; thousands more subjected to forced deportation; millions forced to flee their homes; men subjected to sexualized torture in detention; the bodies of women and girls used as part of the battlefield and cities reduced to rubble. The thirst of survivors for justice is profound. While this devastating conflict continues to cause immense suffering, it has also given rise to unprecedented international action to ensure that those responsible for atrocities are held accountable.
Excellencies, Ladies and Gentlemen, I am heartened by the fact that we are gathered here and stand united to ensure that these crimes will not go unpunished. This dedicated panel on a holistic response to conflict-related sexual violence is a strong signal of the determination of the Ukrainian government and the international community not to allow this horrific crime to be shrouded in silence or normalized by impunity. While the full extent of the crimes of sexual violence committed in Ukraine still remains unknown, I stand here to honor my duty to ensure that those responsible for such heinous offenses know that justice will triumph over impunity.聽聽My pledge to survivors of sexual violence is that international law will not be an empty promise.
On 3 May 2022, in Kyiv, Deputy Prime Minister Stefanishyna and I signed a Framework of Cooperation between the United Nations and the Government of Ukraine to support national efforts to prevent and respond to sexual violence, including in terms of delivering justice, accountability and holistic services to survivors. While commending the efforts of all stakeholders in supporting justice and accountability, I must caution that the road to justice can be a long one. For both domestic and international accountability, the challenges are multiple and multidimensional. This is why we are here with a range of stakeholders, including survivors鈥� networks to discuss concrete measures to ensure a survivor-centered and gender-responsive approach to justice. Firstly, there can be no justice and accountability if cases of sexual violence are not reported. All social and structural barriers must be addressed – from shame and stigma, to fear of retaliation and reprisals, limited information and awareness of legal rights, lack of trust in law enforcement authorities and institutions, in addition to insecurity and mobility challenges, shortages of trained police and healthcare personnel, and damaged infrastructure. This also calls for a deepening of women’s engagement in decision-making and an increase in the number of female judges, lawyers, doctors, forensic specialists, psychosocial support providers and police officers. A robust legal framework is critical. I urge the Ukrainian legislators to expedite its legislative reform process and reinforce its legal arsenal with more robust provisions.
While the Ukrainian Criminal Code has provisions on genocide, torture, trafficking in persons, terrorism, and waging an aggressive war, it lacks provisions for the prosecution of crimes against humanity committed against the civilian population of Ukraine including sexual violence. Its Article 438 on violations of the laws of warfare must be amended to cover all crimes that constitute grave breaches of the Geneva Conventions and other violations of the laws and customs of war not only for conflict-related sexual violence but also other war crimes. All procedural and evidentiary barriers such as the requirement of corroboration for sexual violence cases and cross examination about victims鈥� prior sexual history must be removed, in line with international practice. Most importantly, there must be robust legal provisions for the protection of victims, and witnesses throughout the reporting, investigation, and prosecutorial process. My Office鈥檚 Model Legislative Provisions and Guidance on Investigation and Prosecution of Conflict-Related Sexual Violence serve as a state-of-the-art victim and survivor-centric codification of the strongest provisions of criminal law and criminal procedure available and my Team of Experts stands ready to support this process. Since the Framework of Cooperation was signed, the Government of Ukraine, my Office and other relevant stakeholders, including civil society and survivors鈥� networks, have worked together diligently to develop an implementation plan to advance justice, accountability, and reparations as well as holistic, multisectoral service-provision. My Team of Experts on the Rule of Law and Sexual Violence in Conflict has already initiated support to the Ukrainian Government, including to the Office of the Prosecutor General and its specialized unit on CRSV led by Prosecutor Didenko, as well as to the national police. Next Tuesday, my Team of Experts will conduct the first in a series of technical trainings for Ukrainian investigators and prosecutors.
In recent years, many survivors from Iraq to Syria, Ethiopia, and Myanmar, have heard similar speeches about the promise of justice and reparations. Tragically, to this day, they are all still waiting for results. I recall vividly all the emergency meetings, including at the Security Council, decrying the sexual violence in Iraq. Everyone thought it would be a historic turning point for accountability. It was not.
I sincerely believe that today we have an opportunity 鈥� and an obligation 鈥� to change this in Ukraine. Let us sustain 鈥� and increase 鈥� the momentum, so that a better system of justice is within reach.
Allow me to end by quoting President Zelenskyy who, in Munich, stressed that: 鈥渢here is no alternative to speed because it is speed that life depends on.鈥� The international community must act now because this conflict will not be resolved on the battlefield alone. Lasting peace requires accountability. That is our moral obligation to survivors of sexual violence in Ukraine.