What the victim was doing at the time (e.g. crimes against humanity as defined in the
statute of the ICC are conducted against civilians, so if the victim is a civilian, she/he
should explain that)
What happened and how it happened – there may be a need to have a local person to
decode the language and the victim’s choice of words, particularly if she is relating
sexual violence.
Witness statements may be supported by factual documents such as police or
prosecutors’ reports, hospital records, detailing the physical and psychological injuries
suffered by the victim and the treatment that the victim received, photographs of
injuries, video recordings of the crime/injuries suffered.
NGO or UN reports or other secondary reports may also support the factual evidence
and offer useful historical analysis of conflict in a particular region as well as
corroborate a witness’ timeline of events. These may also assist the court, for
example, in identifying particular cultural practices, which may be relevant to the
interpretation of the crimes.
B) Other evidence
7.3
Reports and/or witness statements by third party observers are useful to corroborate
a victim’s timeline of events.
Reports and/or testimony from a doctor can help to prove the physical and
psychological injuries suffered by the victim and the likely future effect of that harm
on the victim.
Testimony from an expert as to particular customs within a certain community may be
useful to explain to the judges from an objective standpoint the relevant issue.
Testimony as to economic data may be required if, for example, a victim alleges that
he/she can no longer work as a result of the harm suffered and that this has caused
financial loss.
Testimony from a gender expert as to the meaning and import of the victims choice of
words to relate sexual violence, how the victim perceives the violence, its social
impact and the life-long consequences on her.
Litigation strategies
7.3.1 Domestic litigation strategies
These are discussed in Section 2. However, for any given case of sexual violence, the strategies
that may be engaged are often based on the following:
The priorities of the victim/survivor and her needs and aspirations about justice:
In countries where the victim/survivor has an option, she may choose a civil option that may
provide her compensation or other forms of reparation instead of (or in addition to) a criminal
prosecution. It may be that the knowledge of the crime of sexual violence triggers investigation
and prosecution where the victims have no say except as a witness.
The victim/survivor may choose a speedy justice process and opt for making a submission
before the national human rights commission or other quasi-legal mechanism with powers to
provide compensatory awards.
74 7. LITIGATION AND ADVOCACY STRATEGIES | REDRESS
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