Ukraine
November 21, 2024
2 min.
Strengthening Justice for Survivors of Conflict-Related Sexual Violence in Ukraine
In response to the impact of conflict-related sexual violence (CRSV) in Ukraine, Women’s Initiatives for Gender Justice has collaborated with Ukrainian partners to support accountability initiatives for these crimes. Working alongside the Ukrainian Legal Advisory Group (ULAG) and other local organizations, our efforts have focused on training, mentorship, and advocacy to enhance justice mechanisms for survivors.
Our interactive training series on CRSV, developed in partnership with Ukrainian legal experts, provides critical knowledge on:
- Recognizing pre-existing patterns of discrimination and violence,
- Safe methodologies for interacting with survivors,
- Understanding different criminal justice jurisdictions,
- Defining sexual violence as an international crime, and
- The importance of context-based investigations.
Unlike sexual violence in peacetime, conflict-related sexual violence requires specialized legal and investigative approaches. While police officers, investigators, and judges may have experience addressing sexual violence, prosecuting these crimes in the context of war demands a deeper understanding of international legal frameworks and survivor-centered engagement.
Given the challenges survivors face in reporting sexual violence, exacerbated by harmful stereotypes and security risks, many cases may only come to light months or even years after they occur. While international courts may eventually prosecute those most responsible, the majority of cases will be handled by national legal systems. Strengthening the capacity of Ukrainian practitioners with international best practices is essential to ensuring effective accountability.
Key Areas of Focus
Our work in Ukraine is built around three main pillars:
- Training and Capacity Building – Equipping Ukrainian legal professionals with specialized knowledge on prosecuting conflict-related sexual violence and improving access to justice for survivors.
- Mentorship and Expert Support – Facilitating mentorship between international justice experts and Ukrainian lawyers handling CRSV cases.
- Legal and Policy Advocacy – Developing advocacy strategies and legal tools to align Ukraine’s laws with international standards, ensuring a survivor-centered approach and addressing common misconceptions about sexual violence.
Through these initiatives, we continue to support Ukrainian legal practitioners in their pursuit of justice, ensuring that survivors of conflict-related sexual violence receive the recognition and accountability they deserve.
Mentoring Resources
Please find below a list of resources useful for all practitioners engaged in accountability for CRSV in Ukraine.
Trainers’ Guides
- Trainers’ Guide – Addressing Conflict-related Sexual Violence and Other International Crimes in Ukraine (Women’s Initiatives for Gender Justice, Ukrainian Legal Advisory Group, Global Rights Compliance).
- Довідник для інструкторів – ПРОТИДІЯ СЕКСУАЛЬНОМУ НАСИЛЬСТВУ, ПОВ’ЯЗАНОМУ З КОНФЛІКТОМ, ТА ІНШИМ МІЖНАРОДНИМ ЗЛОЧИНАМ В
УКРАЇНI (Women’s Initiatives for Gender Justice, Ukrainian Legal Advisory Group, Global Rights Compliance).
International Instruments
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- Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended), ETS No.005, Opened for signature 4 November 1950 entry into force 3 September 1953 (‘ECHR’).
- Council of Europe (CoE), Convention on Preventing and Combating Violence against Women and Domestic Violence(‘Istanbul Convention’).
- Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War 12 August 1949 (‘Fourth Geneva Convention’).
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, 8 June 1977 (‘Additional Protocol I’).
- Rome Statute of the International Criminal Court (adopted 17 July 1998, entered into force 1 July 2001) 2187 UNTS 3 (‘Rome Statute’).
- UN Security Council, Resolution 827: Statute of the International Criminal Tribunal for the Former Yugoslavia (25 May 1993 last amended 9 July 2009) S/RES/827 (‘ICTY Statute’), Article 5(a).
- UN Security Council, Resolution 955: Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January 1994 and 31 December 1994 (8 November 1994 last amended 14 August 2002) S/RES/955 (‘ICTR Statute’).
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- Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW), ‘General Recommendation No. 35 on Gender-Based Violence Against Women’ (26 July 2017) UN Doc CEDAW/C/GC/35.
- Council of Europe (CoE), ‘Istanbul Convention: Explanatory Report’ (2011).
- CoE, ‘Preventing and Combating Domestic Violence against Women, A learning Resource for Training Law Enforcement and Justice Officers’ (January 2016).
- CoE, ‘Women’s Access to Justice: A Guide for Legal Practitioners’ (October 2018).
- ICRC, Customary IHL Database, Rule 93. Rape and Other forms of Sexual Violence.
- ICRC, ‘Sexual Violence in Detention’ (February 2017).
- Office of the United Nations High Commissioner for Human Rights (OHCHR), Arbitrary Detention, Torture and Ill-Treatment in the Context of the Armed Conflict in Eastern Ukraine, 2014-2021.
- OHCHR, Conflict-Related Sexual Violence in Ukraine 14 March 2014 to 31 January 2017.
- OHCHR, ‘Berkeley Protocol on Digital Open Source Investigations: A Practical Guide on the Effective Use of Digital Open Source Information in Investigating Violations of International Criminal, Human Rights and Humanitarian Law’ (UN 2020) (‘Berkeley Protocol’).
- OHCHR, ‘Report of the Independent International Commission of Inquiry on Ukraine’ (18 October 2022) UN Doc A/77/533.
- OHCHR, ‘Report of the Independent International Commission of Inquiry on Ukraine’ (15 March 2023) UN Doc A/HRC/52/62.
- Organization for Security and Co-operation in Europe (OSCE), ‘Report on Violations of International Humanitarian and Human Rights Law, War Crimes and Crimes Against Humanity Committed in Ukraine since 24 February 2022’ (13 April 2022).
- United Nations Office on Drugs and Crime (UNDOC), ‘Handbook on Effective Prosecution Responses to Violence Against Women and Girls’ (Criminal Justice Handbook Series 2014).
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- Le Courrier D’Europe Centrale, ‘Un an après, les plaies invisibles de l’occupation russe dans un village près de Kyïv’ (A year later, the invisible wounds of the Russian occupation in a village near Kyiv) (6 April 2023).
- New York Times, ‘Bucha’s Month of Terror’ (11 April 2022).
- New York Times, ‘“Fear Still Remains”: Ukraine Finds Sexual Crimes Where Russian Troops Ruled’ (5 January 2023).
- NPR, ‘Rape has reportedly become a weapon in Ukraine. Finding justice may be difficult’ (30 April 2022).
- The Guardian, ‘Rape as a weapon: huge scale of sexual violence inflicted in Ukraine emerges’ (4 April 2022).
- The Times, ‘“Russian Soldiers Raped Me as My Terrified Son Cried”’ (28 March 2022).
- Washington Post, ‘Witnesses recount detentions, torture, disappearances in occupied Kherson’ (14 November 2022).
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- Amnesty International, ‘Rape and Sexual Violence’ (1 March 2011).
- Centre for Human Rights, Gender and Migration, ‘Gender-based Violence Disclosure Toolkit: Responding to Gender-based Violence Disclosure in Humanitarian Crisis Settings’ (2022).
- Gender-Based Violence Pocket Guide.
- Human Rights Watch (HRW), ‘Ukraine: Apparent War Crimes in Russia-Controlled Areas’ (3 April 2022).
- Public International Law & Policy Group (PILPG), ‘Handbook on Civil Society Documentation of Serious Human Rights Violations: Principles & Best Practice’ (2016) (‘PILPG Handbook’).
- Princeton University, ‘The Princeton Principles on Universal Jurisdiction’ (2001), Principles 1 and 2.
- Trial International, ‘Rape Myths in Wartime Sexual Violence Trials’ (2018).
- UK Crown Prosecution Service, ‘Rape and Sexual Offences – Annex A: Tackling Rape Myths and Stereotypes’ (21 May 2021).
- UK Foreign & Commonwealth Office, International Protocol on the Documentation and Investigation of Sexual Violence in Conflict: Best Practice on the Documentation of Sexual Violence as a Crime or Violation of International Law (2nd edn, 2017).
- Women’s Initiatives for Gender Justice, ‘The Hague Principles on Sexual Violence‘ (2019) (‘Hague Principles’); also available in Ukrainian at this link.
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- Dudorov, ‘Crimes against sexual freedom and untouchability (main provisions of criminal legal characteristics)’ (O. Didorenko Luhansk State University of Internal Affairs 2018).
- Dudorov, ‘Ukrainian criminal law innovations regarding the liability for sex-delicts: some problematic aspects’ (LexInform, 4 February 2019).
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1. European Court of Human Rights
- M.C. v. Bulgaria, Application No. 39272/98, Judgment of 4 December 2003, paras 132, 148-166.
2. International Criminal Court
- Prosecutor v. Bemba, ICC-01/05-01/08, Trial Judgment, 21 March 2016, paras 98-112.
- Prosecutor v. Ntaganda, ICC-01/04-02/06, Trial Judgment, 8 July 2019, paras 930-986.
- Prosecutor v. Ongwen, ICC-02/04-01/15, Trial Judgment, 4 February 2021, paras 2710, 2715-2729.
3. International Criminal Tribunal for Rwanda
- Prosecutor v. Akayesu, ICTR-96-4-T, Trial Judgment, 2 September 1998, paras 10A, 507-508, 596-598.
4. International Criminal Tribunal for the former Yugoslavia
- Prosecutor v. Furundžija, IT-95-17/1-T, Trial Judgment, 10 December 1998, paras 165-189, 271.
- Prosecutor v. Kunarac et al., IT-96-23& IT-96-23/1-A, Appeal Judgment, 12 June 2002, paras 103, 127-133.
- Prosecutor v. Kunarac et al., IT-96-23-T & IT-96-23/1-T, Trial Judgment, 22 February 2001, paras 436-497, 539-543, 574, 711.
5. Special Court for Sierra Leone
- Prosecutor v. Sesay et al., No. SCSL-04-15-T, Trial Judgment, 2 March 2009, paras 143-163.