Victims' Participation in International Criminal Proceedings Beyond Mere Witnesses

This chapter elaborates upon the framework set forth in the preceding chapter about the unique nature of sexual violence as a tactic of war and implications of this for the victims' needs to examine the limitations and challenges in addressing these needs within the context of the international criminal trials. The discussion offers a critical evaluation of the effectiveness of the growing victim-oriented approach in international criminal justice in responding to the needs of victims of conflict-related mass sexual violence. It presents an in-depth analysis of the procedural, legal, and practical aspects of the growing trend of victims' participation in international criminal justice proceedings, as currently being developed by the ICC, highlighting issues impeding its effectiveness in advancing effective redress for victims of sexual violence in conflict situations. This chapter argues that, while the growing victims' inclusion in the international criminal process remains a significant component of comprehensive victim-focused responses, it risks failing to consider the contextual dynamics surrounding the plight of victims of conflict-related sexual violence during and after conflicts, thereby falling short of providing effective responses to the needs of victims.

Distinct Aspects of Systematic Sexual Violence as a Weapon of War and Their Implications for the Victims' Needs in Transitional Justice

This chapter explores the distinct aspects of these crimes to understand the nature and extent of the needs of the victims in post-conflict settings. The analysis draws upon the growing body of empirical studies around the complexity of the victims' experiences during and after conflicts and the direct social consequences of these crimes on affected communities. This analysis helps the author to understand and explain the implications of the unique nature of sexual violence as a weapon of war for the needs of victims. The discussion in this chapter suggests that what makes the phenomenon of widespread and systematic sexual violence distinctive from ordinary crimes is the way in which these crimes destroy the social fabric of families and communities, thereby setting the scene for a general social collapse within affected communities. It indicates how the complex realities of victims of such crimes and their legacy in affected communities result in more acute and extensive needs for the victims and affected societies compared with victims of other crimes committed in conflict situations.

The Normative Basis for Victims' Rights and Their Status in the Criminal Justice Process

In this chapter, the study moves from the legal basis upon which these crimes can be prosecuted to victim-oriented approaches in the criminal justice system. It critically examines the emerging trend of victims-centred approach in international criminal justice system and especially how developments in some domestic systems have informed the growing trend to address the needs of victims in international criminal justice. The discussion in this chapter indicates that the relatively new idea of justice for victims of international crimes suggests that the international criminal justice process should attend to victims' needs, thereby contributing in the rebuilding of war-torn communities. The author argues that while the relatively new victim-centred approach to international crimes remains a significant component of comprehensive victim-focused responses, the complex realties of victims of sexual violence in conflict situations provide a unique range of challenges in addressing the needs of victims in the context of international criminal justice system.

Sexual Violence as an Element of War Strategies

This chapter presents an analysis of the scale and various forms of sexual violence in modern warfare, including the context in which they are committed, in order to understand the extent of the challenge posed by the systematic use of sexual violence in modern warfare. It highlights how the use of sexual violence as a weapon of war is distinctively destructive, as these crimes are often intended to tear apart the fabric of families and affected communities. For instance, in some contexts, the systematic use of rape and other forms of sexual violence was characterised by an explicit ethnic targeting as a weapon of genocide. In other conflicts, cruel acts of sexual violence are often indiscriminately used as part of military strategies aimed at civilian population to spread terror and inflict public humiliation. This destroys the social fabric of affected communities and adds a new component to the social disruption with devastating impact on victims even after the conflict has ended.

The Crimes of Sexual Violence in the Jurisprudence of International Criminal Tribunals

This chapter concerns itself with strides made in defining and conceptualising sexual violence as crimes in international criminal law. The analysis presented in this chapter demonstrates that, after a long period of neglect of these crimes, wartime sexual violence appears to have gained recognition and firmly established as crimes in international criminal law. The author evidences the considerable contribution of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) to the current shift in thinking of international law regarding conflict-related sexual violence. Significantly, the author argues that the explicit criminalisation of different forms of sexual violence by the Rome Statute is a critical step forward in this regard. However, the analysis finally highlights continuing challenges in the prosecution of these crimes before international criminal tribunals.

The Role of Non- and Quasi-Judicial Accountability Mechanisms in Addressing a Wide Range of Needs of Victims of Sexual Violence as a Weapon of War

This chapter turns to the potential contribution of quasi- or non-judicial post-conflict justice processes in complementing international criminal justice for addressing the needs of victims of conflict-related sexual violence. Drawing on insights from the previous chapters, it first analyses how effective redress for victims of sexual violence in post-conflict settings should be conceived in light of the complexity of the victims' experiences and the legacy of these crimes in communities. The discussion emphasises the potential transformative effects of truth-seeking processes and other community-based transitional justice measures on the often challenging social dimension of sexual violence as a weapon of war. The author argues, however, that whilst it is necessary to integrate these crimes into domestic transitional justice processes, this should be done alongside embedding appropriate measures to facilitate the participation of victims without running the risk of being exposed to further harm.