A/HRC/27/21 particularly girl child soldiers, have been highlighted. Gender-sensitive evidentiary principles have been adopted. For instance, the Rules of Procedure and Evidence of the International Criminal Court do not allow for the admissibility of evidence of victims’ previous sexual conduct in sexual violence cases, establish that proof of sexual violence does not require corroboration and elaborate circumstances in which consent cannot be inferred from the silence or actions of victims (see rules 71, 63 and 70). 38. Prosecutions before international and hybrid tribunals have greatly furthered the visibility of gender-based and sexual violence, in acknowledging and condemning the harms suffered by women in conflict, and in establishing an increasingly credible avenue for securing accountability for such violence.42 39. International legal developments have further catalysed the enactment of national legislation criminalizing gender-based and sexual violence, and have established legal precedents and international standards for domestic prosecutions and legislative reform. In recent years, for instance, the Democratic Republic of the Congo, Kenya and South Africa have amended their penal codes to criminalize a broad range of gender-based violations.43 On the basis of the definitions provided in the Rome Statute, various states signatories have defined these crimes in their national legislation and criminalized them. However, more work is needed, with inadequate legal frameworks in some States remaining a significant obstacle to combating impunity. Inadequate or imprecise definitions of gender-based and sexual violence can leave out certain types of violations, make successful prosecutions more difficult and exclude groups of victims. National legislation should be in line with international standards, including as regards criminalizing gender-based and sexual violence as an international and domestic crime and using gender-neutral definitions that allow for prosecutions of sexual offences perpetrated against men as well as women. It should also codify States’ obligations to combat the full range of gender-based and sexual violence, including, but not limited to, those crimes recognized in the Rome Statute. In Uganda, OHCHR is providing technical advice to the International Crimes Division of the High Court to ensure that its rules of procedure and evidence are in accordance with international best practice. 40. Important lessons have been also learned about the processes necessary to conduct gender-sensitive prosecutions and support victims’ effective participation. Achieving accountability for gender-based and sexual violence requires sustained political will, targeted prosecution strategies and timely collection of all types of relevant evidence, including forensic evidence. As in other transitional justice processes, training of investigation, prosecution and judicial staff is crucial. Experience suggests that many victims of gender-based and sexual violence feel more comfortable recounting their experiences to women, demonstrating a particular need to recruit more qualified female investigators. Prosecutors need training in prosecution strategy and the jurisprudence around this type of violence, and judicial staff require instruction in the interpretation of legislation and precedents and in creating enabling courtroom environments. Medical staff need training also, in the medico-legal aspects of crimes of gender-based and sexual violence, including how to gather forensic evidence and refer patients to law enforcement agencies. 41. Justice is a process, not merely an outcome, and there is increasing awareness of the need for courtroom procedures that ensure the dignity and protection of victims. Victims 42 43 12 See, for example, A/67/792–S/2013/149, para. 112. See for example Kim Thuy Seelinger and others, “The investigation and prosecution of sexual violence” (2011). See also Fionnuala Ni Aoláin, “Gendered harms and their interface with international criminal law: norms, challenges and domestication” (2013).

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