A/HRC/17/22 collection of data, in particular in the context of sexual violence, and noted that this issue had been highlighted in the context of Colombia’s Universal Periodic Review. She mentioned several initiatives, including at the Government level, to remedy this situation. The representative of the European Union underlined that unreliable data should not prevent attempts to identify gaps and challenges and stressed the need for confidentiality of information. It was also emphasized that the research process is key to data collection and qualifying quantitative data. 17. Ms. Holmes affirmed that “zero-tolerance” for sexual violence by peacekeepers was now well-established, although she agreed that implementation remained a challenge. Ms. Roth insisted that coherent and proactive data collection systems based on “footprints” and “indicators” of violence against women should be developed, rather than expecting and requesting victims, perpetrators and witnesses to come forward. Ms. Tiberia concluded that several elements were essential to prevent violence against women: combating impunity, education/awareness of both women and men, and gender equality in the society. B. Panel 2: Challenges, good practices and opportunities in the prosecution of violence against women and punishment of perpetrators 18. The second panel comprised Patricia Viseur Sellers, independent legal expert, former legal adviser for gender and acting senior trial attorney at the International Criminal Tribunal for the Former Yugoslavia; Andrea Coomber, legal practice director at Interights; and Zoya Rouhana, director of Kafa (enough) violence and exploitation, Lebanon. 19. Ms. Sellers focused on the crime of genocide, recalling that genocide is an international crime which did not necessarily have to be linked to a conflict, even if it often was. She noted that the Genocide Convention of 1948 contained no explicit provisions against sexual crimes but that one recent manifestation of the “genderization” of genocide was the inclusion in the jurisprudence of the International Criminal Tribunal for Rwanda of rape as an element of genocide if it occurred once there was intent to commit genocide. Given this and other developments, Ms. Sellers underlined that the gender perspective to genocide should be recognized. 20. Nevertheless, Ms. Sellers pointed to the fact that the existing definition of genocide was limited in two ways: by the list of acts that can constitute genocide and the categories of targeted groups. Simply adding the term “rape” to the list of acts would not be enough, since it would not cover instances of imposing methods to prevent reproduction, or forced marriages and breeding. Issues also arose with the categories of targeted groups; for instance, the definition does not include women, gender, sex, or political groups, showing a need to question the nature of groups protected by the current definition of genocide. However, infliction of rape and other forms of sexual violence can meet the evidentiary requirements of an “attack” against the civilian population, a prerequisite jurisdictional element of crimes against humanity. 21. Ms. Coomber’s presentation was based on her experience as a law practitioner with a focus on the European Court of Human Rights jurisprudence regarding violations of women’s rights. She noted the dearth of case law concerning violence against women and hoped that the convention on violence against women currently under preparation at the Council of Europe would provide a better framework. The Court recognized gender-based violence as a form of discrimination under the European Convention for the Protection of Human Rights and Fundamental Freedoms only in 2009. 22. Ms. Coomber presented a review of the key cases defined as “domestic violence” and “rape” in which the Court had developed its jurisprudence on due diligence obligations. In Kontrova v. Slovakia – regarding a woman whose husband killed himself and their two 6

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents