A/HRC/27/21
Republic of Korea33 also paid specific attention to broader gender-based violations and
crimes, particularly violence against women, and the impact of violations on particular
groups, including women and children.
V.
Criminal justice proceedings
A.
Strengthening national criminal justice proceedings
32.
States have primary responsibility to exercise jurisdiction over serious crimes under
international law.34 Accordingly, transitional justice strategies increasingly focus on
strengthening national capacity to prosecute crimes of gender-based and sexual violence.
Specialized chambers or courts have been established, for instance, in Croatia, the
Democratic Republic of the Congo, Liberia, Serbia and Uganda, and prosecution and
investigatory units have been created to deal specifically with gender-based and sexual
violence. In Liberia, the sexual offences act of 2008 provided for a division of circuit courts
in each county to deal with sexual offences, and the Sexual and Gender-Based Violence
Crimes Unit was established. The United Nations Joint Human Rights Office of the United
Nations Organization Stabilization Mission in the Democratic Republic of the Congo
(MONUSCO) has worked to strengthen national capacity, including by assisting military
magistrates to establish mobile courts and specialized prosecution support cells. Those
efforts have resulted in increasing numbers of convictions being registered.35 In Colombia,
the Attorney General’s Office adopted a plan of action to defend the rights of women
victims of sexual violence in the context of the armed conflict. The plan includes the
establishment of a disaggregated database, the adoption of an inter-institutional model of
special investigation and attention to victims that simplifies proceedings to avoid revictimization, and the creation of a subunit for the registration, assistance and orientation of
victims of organized armed groups, which fall outside the scope of the Peace and Justice
Law.
33.
National capacity has also been strengthened through the creation of mixed
chambers, located in the national judiciary but combining both national and international
expertise. In Bosnia and Herzegovina for example, the War Crimes Chamber, staffed by
both national and international staff, has prosecuted sexual violence as the crimes against
humanity of rape, torture, sexual slavery, enslavement and persecution.36
34.
An important focus of national capacity-building has been training investigators,
prosecutors, judges, security officials, lawyers, medical staff, social workers and other ruleof-law actors. Capacity-building trainings have been conducted with United Nations
assistance, including in the Democratic Republic of the Congo, Guinea, the Sudan (Darfur),
and Kosovo.37 Furthermore, UN-Women has partnered with Justice Rapid Response38 to
33
34
35
36
37
38
10
A/HRC/25/63 and A/HRC/25/CRP.1.
Updated set of principles for the protection and promotion of human rights through action to combat
impunity, principle 20.
See, inter alia, MONUSCO and OHCHR, “Progress and obstacles in the fight against impunity for
sexual violence in the Democratic Republic of the Congo” (2014), paras. 29 and 31.
See Human Rights Watch, Narrowing the Impunity Gap: Trials Before Bosnia’s War Crimes
Chamber (2007). See also A/HRC/23/49/Add.3, paras. 55–63.
Reference to Kosovo should be understood in full compliance with Security Council resolution 1244
(1999) and without prejudice to the status of Kosovo.
www.justicerapidresponse.org.
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