Excellencies, ladies and gentlemen,
As we pass the grim milestone of 200 days of war in Ukraine, atrocities continue to mount and multiply. With each passing day, horror after horror is unleashed. As the ĢƵ Secretary-General stated in Kyiv: “When we talk about war crimes, we cannot forget that the worst of crimes is war itself”. If there is a glimmer of hope, I believe it is in the fact that never before in history have investigations and trials begun so swiftly for violations of the laws and customs of war. Never before in history has the international community mobilized so rapidly and decisively to offer its support. And, as my presence on this panel attests, never before has sexual violence – war’s oldest, most silenced, and least-condemned crime – been taken so seriously in national and international responses from the outset, rather than being relegated to an afterthought.
We gather here in the shared conviction that any party implicated in committing, commanding, or condoning conflict-related sexual violence must be called to account. Silence will not shield the perpetrators from scrutiny. Stigma and shame should not haunt the survivors. The world stands with them in solidarity. Sexual violence will never again be permitted to fall beneath our collective radar as the ultimate “secret weapon” of war. Effective support is coherent support. This means avoiding gaps and overlaps in the response, as our respective pieces of the puzzle lock into place. Out of this tragedy, we will set a new standard of timely and effective judicial cooperation for generations to come. Efforts ranging from mobile justice teams, to the deployment of ICC investigators, to criminal proceedings initiated in third countries on the basis of universal jurisdiction, will put perpetrators on notice that there is no safe haven or hiding place. No one can remain forever beyond the reach of the long arm of the law.
I visited Kyiv and Lyiv in May, because I could not watch passively from my office in New York as harrowing personal testimonies of sexual violence – including rape, gang-rape, and sexualized torture of Prisoners of War – continued to surface. I could not stand by as the historical travesty of women’s bodies being reduced to part of the battlefield was repeated. Through my political advocacy platform, I alerted the Security Council and the world, that all the warning signs were flashing red. This visit resulted in the signing of a Framework of Cooperation on the prevention and response to conflict-related sexual violence with the Government of Ukraine, on behalf of the ĢƵ system. It follows the operational methodology of my mandate, which recognizes that we, as the United Nations, can support, but can never supplant, the efforts and primary responsibility of States to protect their populations. Accountability is a critical pillar of this agreement, including the provision of compensation and reparations, which survivors request most, yet receive least. The agreement also addresses the issue of service-provision, which is foundational to safe reporting, and must be survivor-centered, rights-based, and trauma-informed. To advance implementation, I have offered the strategic support and technical assistance of my mandate, including my Team of Experts on the Rule of Law and Sexual Violence in Conflict, which is supporting the Office of the Prosecutor General, based on best practices and lessons learnt from its work across a range of conflict situations over the past decade, as part of a multidisciplinary, multistakeholder approach.
Ladies and Gentlemen,
Some commentators have called the present era: “the age of impunity”. Yet I believe that international law is more relevant and necessary than ever. We have learnt from history that unpunished crime is repeated crime. And we have also learnt that wartime rape, while often invisible, is never inevitable. That is why we have come together here today: to replace impunity with unity, and to affirm that no military or political leader is above the law, and no innocent civilian is beneath the scope of its protection. The present age of misinformation and disinformation gives added weight to the claim that “truth is the first casualty of war”. Accountability creates a public and permanent historical record – a literal account – of truths their authors attempted to “write off” as mere “collateral damage” or to conceal beneath the “fog of war”.
To echo the famous opening statement of the Prosecutor at the Nuremberg Tribunal: “The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated”. Indeed, none of us can rest, until every survivor, and every civilian, can sleep under the cover of justice.
Thank you.