participating in demands and processes that deal with the larger social issues such as reconstruction and development. The idea is that these processes benefit society as a whole and may help change gender biases and attitudes in the long run. While such other forms of justice are as important, justice through the legal process is among the only response to sexual violence that institutionally acknowledges the seriousness of sexual violence, validates a woman’s suffering and establishes it as a crime or harm worthy of condemnation, accountability and a remedy. 1.4 The Manual National constitutions, legislation and judicial institutions in various countries offer a host of rights, the violation of which gives rise to a remediable legal action. Where conflict has destroyed or significantly impaired existing legal systems and institutions, there is an opportunity to build new ones that are compliant with international human rights standards and the developments in international humanitarian and criminal laws. Countries like the Democratic Republic of the Congo (DRC), Rwanda, Burundi and Kenya are among those that have adopted new constitutions, made significant reforms in their national laws and strengthened their enforcement agencies to improve the prospects of accountability for crimes during conflict. Other States rely on their existing laws, systems and institutions, lacking as they may be with regard to their compliance with international human rights standards. This Manual examines the different legal options available to a victim/survivor of sexual violence or a rights group on her behalf. Although these legal options serve the overall goal of justice, they have different requirements of documentation, need different levels of victim participation and focus on a specific aspect of the remedy. In some national laws, a victim cannot choose from among the legal options as the choice is made for her by the State. For example, in some countries an investigation and prosecution begins as soon as the police come to know of a murder; finding a rape victim or knowledge of a rape sue motto triggers an investigation and prosecution. In other national legislation, the action depends on the victim/survivor who may choose not to initiate a criminal proceeding but file for a remedial action in civil courts. In yet others, the civil courts depend on a prior criminal finding of guilt to proceed with the award of any civil or related remedy. This Manual aims to provide an overview of the legal options available to women to pursue justice for sexual violence and discusses the legal strategies that influence the choice of any given option. The overview of the legal options at the domestic level are provided by laying out laws and systems typical of the three broad types of legal system in Africa – the common law system, the civil law system and Islamic law. For options at regional and international levels, the manual lays out the basics of various regional and international human rights mechanisms and the instruments applying international humanitarian and criminal law. From a discussion of the practical possibilities or impediments at the domestic level; the decisions of the regional and international human rights mechanisms; and the judgments of the regional and international courts and tribunals emerge strategies that women and victims of sexual violence may employ in their pursuit of justice, with varying degrees of potential success. 1.5 The Purpose and Objectives of the Manual The overall purpose of this Manual is to eliminate the knowledge gap about strategies women may adopt to seek justice for sexual violence. It is also to encourage women to use and exhaust all available avenues of justice within their domestic legal system and, if these systems fail them, to explore bringing complaints under regional or international mechanisms. The exercise is undertaken with the understanding that these systems and mechanisms have their limitations and are flawed in their structure or their ability to provide justice to women. Accordingly, the different legal strategies for justice may not be available to all women, may not be accessible by all women, may not provide immediate or effective remedy and/or may have other limitations and constraints. Advocacy for law reform, ratification of regional or international treaties and/or general national compliance with international human rights standards with regard to sexual violence take on an added 2 INTRODUCTION | REDRESS

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