CONCEPT
NOTE
The Institute for Justice and Reconciliation and the
Department of Political Sciences at the University
of Pretoria are jointly hosting a symposium on
accountability for sexual and gender-based violence
in armed conflict at the University of Pretoria from
15 to 17 March 2017. The symposium begins with a
welcome reception on the evening of 15 March and
continues throughout 16 and 17 March 2017.
Sexual and gender-based violence has been a
feature of war since the advent of war itself. Rape
was endemic to the barbaric logic of colonialism.
People of all genders have been victims of rape
and sexual violence inside and outside of armed
conflict throughout history.
Thus, while sexual and gender-based violence
in conflict is not a new phenomenon, what is
new is the shift in legal and political frameworks
for addressing it. Historically, while there was
ample knowledge about the scourge of sexual
violence in conflict, it was frequently regarded
as ‘collateral damage’, or, perversely, as a form
of just reward for soldiers. During the Nuremberg
Trials, despite evidence of sexual violence, no
Nazi leaders were prosecuted for sexual and
gender-based violence.
The International Criminal Tribunal for Rwanda
(ICTR), in the landmark Akayesu case, for the first
time recognised rape as an instrument of genocide,
thus marking a laudable interruption in jurisprudential
history. The role of the ICTR and the International
Criminal Tribunal for the Former Yugoslavia (ICTY),
as well as a broad range of actors around them,
in producing jurisprudence and attracting global
attention to the scourge of sexual violence in war
is significant.
It is against this historical trajectory that the
Rome Statute, the founding document of the
ICC emerges, with its clear criminalisation of
sexual and gender-based violence. At the same
time, UN Security Council Resolution 1325 and
the subsequent resolutions related to the Women,
Peace and Security Agenda have done much
to concretise the importance of accountability
for sexual and gender-based violence in conflict.
Moreover, the efforts of gender advocacy group
initiatives are to be noted as important steps
towards the dismantling of the inherently
patriarchal notion of rape as a regrettable error, or
as a necessary act of war, unworthy of recognition.
In March 2016, in the Bemba case, the ICC had its
first conviction for sexual and gender-based crimes
and, in the same year, the Extraordinary African
Chambers convicted former Chadian President
Hissène Habré of sexual violence as a crime against
humanity. The move towards the recognition
of the importance of accountability for sexual
violence is a critical interruption of histories of
legal and policy ambivalence to the issue.
At the same time, there have been many operational
challenges to the prosecution of sexual and genderbased violence. Additionally, an increasing body
of literature and activism examines the limitations
and omissions of a central focus on prosecutorial
approaches to sexual and gender-based violence.
Some suggest that a legalistic focus that sees the
prosecution of perpetrators of sexual and genderbased crimes as the ultimate source of justice may
define an agenda both about what justice looks
like, and what sexual and gender-based violence in
conflict looks like, in turn potentiating hierarchical
approaches to sexual violence and its victims.
In light of this, at this significant point in the history
viii\ Accountability for conflict-related sexual and gender-based violence: Successes, challenges, narratives, and omissions
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