Panel 1: Loveness Jambaya Nyakujarah, Shamila Batohi,
Yassin Brunger and Tamara Naidoo.
first instrument to recognise sexual violence crimes
as war crimes.
Beyond the extensive provisions for sexual
violence in the Statute, Batohi noted that there
have been some challenges in the prosecution
of sexual violence by the ICC. Although over
70 per cent of perpetrators indicted by the ICC
were charged with sexual violence crimes, it was
only in 2016, with the conviction of Jean-Pierre
Bemba Gombo, that the ICC achieved its first
conviction for sexual violence crimes. Batohi
indicated that this emphasised the importance and
the need for the Sexual and Gender-based Crimes
Policy Paper adopted in 2014. The policy clarifies
the OTP’s commitment to addressing sexual and
gender-based violence, informs good investigation
and prosecution of such crimes and, through its
implementation, contributes to the development
of international jurisprudence. Batohi noted that
it may also serve as a reference for domestic and
international investigations prosecutions.
Batohi noted that the uniqueness of the OTP’s
Sexual and Gender-based Crimes Policy, is the
conducting of a gender analysis which that
requires an examination of the underlying
differences, inequalities and power relationships
between women and men, and girls and boys,
and other dynamics which that determine and
shape gender roles in a society, and give rise to
assumptions and stereotypes, thus unveiling the
need understand how gender dynamics impact
on the commission of sexual and gender-based
violence. Batohi also highlighted a need to unpack
further the existing definitions of gender. The
Rome Stature presently recognises gender as male
or female; Batohi noted that the recognition of a
‘third gender’ and gender neutrality in India
and Australia, are crucial for the development
of understandings of gender.
Batohi concluded her presentation by reiterating
the recurrent theme: the need to include
victim-centred approaches, particularly in the
implementation of the OTP’s Sexual and Genderbased Crimes Policy. She encouraged a 'do no
harm' approach in engaging with victims and
managing their expectations, urging states to
conduct genuine proceedings that employ a
victim-responsive approach. In conclusion, Batohi
encouraged multiple stakeholders, including states
parties to the Rome Statute, victims’ groups and
NGOs, to support the OTP in implementing its policy,
as it is a crucial development in the prosecution of
sexual and gender-based violence as international
crimes.
ljn
LOVENESS JAMBAYA NYAKUJARAH
Programme Specialist, Women Peace and Security,
UN Women
Developments around the Women, Peace and
Security Agenda
Loveness Jambaya Nyakujarah’s presentation
provided an overview of efforts surrounding
PANEL 1: Recent developments in international accountability for conflict-related sexual violence
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