Justice, Rule of Law and Security Sector Reform

The partnership between Justice Rapid Response, UN-Women and the Institute for International Criminal Investigations is a good example of what can be done. Luxembourg supports that partnership, which has made it possible to establish a list of specialized experts who can be rapidly deployed to lead and participate in investigations and to provide assistance to the victims of acts of sexual and gender-based violence in conflict settings.

The sexual violence in Syria against women and men, including in Government detention facilities; non-State armed groups targeting female family members of Government forces; and more than 300 cases of gender-based violence in three health clinics in Damascus and Rural Damascus alone are clear violations of international humanitarian law and resolution 2139 (2014).

At the same time, the lack of adequate national capacity and expertise to prevent, investigate and prosecute violence remain among the main impediments in combating sexual violence and ensuring accountability. We are encouraged by the United Nations efforts to assist the strengthening of national capacities.

Nevertheless, justice for survivors of conflict-related sexual violence continues to be the exception to the rule, and holding perpetrators accountable has proven to be exceedingly difficult. Generally speaking, it is crucial that evidence be professionally collected at the earliest possible stage. That process may be assisted, inter alia, by the Justice Rapid Response initiative.

A major barrier to the effective protection of women from sexual violence is the continuing culture of impunity. We welcome the focus of the Prosecutor of the International Criminal Court (ICC) on the fight against sexual violence in her work. Crimes of sexual violence play a role in nearly every case under investigation.

In the Democratic Republic of the Congo, for example, we are helping the Government expand and consolidate the special police for the protection of women and children. We will also support the activities of the special representative of President Kabila on sexual violence once that post is filled.

First, with respect to the lack of information, as the observer of the European Union has stated, we need to enhance data sharing, which can provide critical support for the advancement of the agenda by providing a clearer picture of the reality on the ground and subsequently by exerting political pressure where needed.

If a nation refuses to prosecute domestic sexual abuse, marital rape and honour killings in times of peace, then there is little hope for justice in times of war and conflict.

The United Nations generally seeks to be as practical and operational as possible in its approach, and we welcome that. For example, there is an increasing focus on training national security-sector actors in confronting sexual violence in conflict. There is certainly room to improve the protection afforded to women and girls from violence in humanitarian emergencies.

Since the primary responsibility falls on the nation State itself, there should be appropriate domestic law enforcement and justice mechanisms dealing with sexual violence in conflict with well-resourced and equipped institutions that can provide the needed care.