It is a human-to-human interaction that is shaped
by social and cultural norms. Brunger asserted the
importance of considering the gender competency
and sensitivity of the people who conduct and are
more broadly involved in institutional operations.
She asked participants to consider whether
individuals involved in driving accountability for
sexual and gender-based crimes – not just at the
ICC, but at a national level and within civil society
– reflect upon whether their interactions are
gender sensitive and gender inclusive.
Brunger then discussed the policy brief 1 on
investigations and prosecutions of sexual and
gender-based violence at the ICC that she wrote as
part of the Institute for Justice and Reconciliation’s
project on accountability for sexual and genderbased violence. Brunger noted that the aim of the
policy brief was to facilitate the creation of more
gender-sensitive institutions. It is a blueprint for
how to move forwards to create a wider institutional
culture of gender sensitivity at the ICC, extending
beyond the Office of the Prosecutor, which includes
the Judiciary and the Registry of the ICC.
Highlighting the ways in which, without adequate
resourcing for such developments, they will
continue to be deprioritised, Brunger then
discussed the need for the Assembly of States
Parties to the Rome Statute to consider, seriously,
how to incorporate gender-sensitive processes
within the budget of the court. Such budgetary
considerations can be inspired by processes
from national and international institutions.
Ultimately, Brunger stressed the importance of
resource allocation matching any gender action
plan for institutional development. In this way,
those involved in working or in contact with
victims and survivors of sexual and gender-based
violence would be sensitive to gender issues.
International criminal processes
should be gender sensitive
and gender inclusive, and this
inclusivity should extend beyond
prosecutors to all those who
encounter and advocate for sexual
and gender-based violence victims
and survivors.
For Brunger, this is about creating a culture
of engendering the crimes within the ICC’s
jurisdiction. Again, Brunger drew analogies
to some national jurisdictions where police
forces and prosecutors have specialised units
and personnel to deal with sexual and genderbased crimes, and the personnel who encounter
these victims have relevant sensitivity training.
Brunger argued that the international system
should mirror the best examples and follow
suit. International criminal processes should be
gender sensitive and gender inclusive, and this
inclusivity should extend beyond prosecutors
to all those who encounter and advocate for
sexual and gender-based violence victims
and survivors.
1 Yassin Brunger, ‘Investigations and Prosecutions of Sexual
and Gender-based Violence by the International Criminal
Court’, Institute for Justice and Reconciliation Policy Brief
(No. 23), March 2017. Available at http://www.ijr.org.za/
home/wp-content/uploads/2017/03/IJR-Brief-No-23Updated-version.pdf [accessed on 23 April 2017].
PANEL 4: The relationships between narratives around sexual and gender-based violence and accountability processes
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