A/HRC/27/21
train and roster experts on sexual and gender crime and deploy them to international and
national justice mechanisms.
35.
There is increasing awareness of the need to address the obstacles faced by victims
of gender-based and sexual violence in accessing criminal accountability processes. These
include the often prohibitive cost of filing complaints, and the geographic inaccessibility of
police stations, medical services needed to obtain forensic evidence, and courts, particularly
for women victims living in remote areas without transportation and with childcare
responsibilities. Victims also need free legal assistance to pursue cases, medical care and
support to manage the health impact of gender-based and sexual violence, and education
about the criminal justice system so that cases are not abandoned or withdrawn due to
mistaken assumptions. Innovative strategies are being adopted to address some of those
obstacles. Mobile courts in the Democratic Republic of the Congo have allowed for
criminal proceedings to be conducted in remote areas and specialist pro-bono legal clinics
have been established for survivors of gender-based and sexual violence. Efforts have been
made to integrate the provision of legal and medical services, creating “one-stop shops” for
child and women survivors of such violence.39
36.
More analysis is also needed of the potential and limitations of justice processes
based on customary law. Customary justice mechanisms tend to be more accessible than
formal courts, providing a means of filling the gap in judicial services to resolve minor
disputes, enjoying community legitimacy and having the potential to provide culturally
appropriate remedies. However, previous patterns of gender discrimination of such
mechanisms make resolving gender-based and sexual violence cases through them
extremely problematic. Efforts should be made to transform customary justice systems in
gender-sensitive ways, and to ensure their compatibility with international human rights
standards, while not allowing this to substitute for formal justice sector reform. For
instance, in Uganda, the local council courts are now required to ensure that a minimum of
one third of their judges are women. In South Africa, the Law Reform Commission has
made recommendations for harmonization of customary law with that country’s
Constitution.
B.
International criminal justice and its impact at the national level
37.
Over the past two decades, international justice approaches to gender-based and
sexual violence have undergone significant transformation. Ad hoc tribunals, the Special
Court for Sierra Leone and the International Criminal Court have contributed substantially
to developing the legal and normative framework for such crimes, including through
innovative jurisprudence. It is now well recognized that sexual violence can constitute a
war crime, a crime against humanity or an act of genocide.40 The establishment of the
International Criminal Court has been particularly significant, with the Rome Statute
recognizing the international crimes of sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization and other forms of sexual violence of comparable
gravity.41 Specific forms of gender-based and sexual violence directed at children,
39
40
41
See, for example, A/HRC/25/35, on access to justice for children.
See for example International Criminal Tribunal for Rwanda, Prosecutor v. Akayesu, case No. ICTR96-4-T, 731, Trial Chamber judgement, 2 September 1998; International Tribunal for the Prosecution
of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the
Territory of the Former Yugoslavia since 1991, Prosecutor v. Kunarac et al., IT-96-23 & IT-96-23/1A, Appeals Chamber judgement, 12 June 2002; Rome Statute of the International Criminal Court,
arts. 7 and 8.
Rome Statute, arts. 7 and 8.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents