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
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