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07 Mar 2023

A Holistic Response to Conflict-related Sexual Violence in Ukraine

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Ukraine

MJTs

A Holistic Response to Conflict-related Sexual Violence in Ukraine

From 3-5 March, Ukraine’s Office of the Prosecutor General held the ‘United for Justice’ conference in Lviv, Ukraine with the participation of governmental and international delegates, civil society representatives, and experts from across the world. Opened by Ukrainian President Volodymyr Zelenskyy, the conference served as a platform to address the situation in Ukraine from the prism of law one year from the full-fledged Russian invasion of Ukraine.

The conference included a high-level panel discussion on conflict-related sexual violence in Ukraine with the participation of the First Lady of Ukraine, Madam Olena Zelenska, the First Lady of Latvia, Andra Levite, and other distinguished speakers. The panel explored current efforts to strengthen investigative and prosecutorial capacities at the domestic level, and the importance of addressing the rights, needs and agency of victims and survivors.[1] The need for sustained and long-term support and technical assistance towards these goals was reiterated.

Conflict-related sexual violence has been a feature of the armed conflict in eastern Ukraine and Crimea since 2014. Today, one year from the escalation of Russia’s illegal and brutal invasion of Ukraine in 2022, the scope and scale of these crimes is much larger. Addressing crimes of an international character is complex. The investigation and prosecution of conflict-related sexual crimes requires an institutional commitment, the development of victim-centric tools and processes, and the dismantling of attitudes of victim-blaming, stigma and bias. In a powerful statement, the first lady of Ukraine emphasised that: “victims are never to blame; only the perpetrator is responsible.”

Ukraine has an exceptional starting point for addressing conflict-related sexual violence, combining leadership commitment, support from domestic and international stakeholders and a dedicated unit on conflict-related sexual violence at the Office of the Prosecutor General. To translate commitment into action, Iryna Didenko, Head of the Unit, announced that an action plan was developed based on a needs assessment conducted with the support of the UK’s Preventing Sexual Violence Initiative. The plan, which is currently in draft form, is intended to build survivor-centered systems and processes, work towards a legislative and procedural framework for safe and effective investigations and prosecutions, and ensure the availability of resources and effective coordination.

Victims and survivors of conflict-related crimes, including sexual violence, have a right to a remedy enshrined in international and regional human rights and humanitarian law instruments. Access to justice is an essential component of that right. Today, concrete action for holding perpetrators of serious international crimes committed in Ukraine is taken before international and regional courts, and in third countries. These efforts are important and complementary to the Ukrainian criminal justice system, which bears the primary responsibility for investigating and prosecuting those responsible for international crimes committed in Ukraine. Existing efforts to strengthen domestic capacity must be coordinated, long-term, and sustainable.

Global Rights Compliance (GRC) was proud to support of the Office of the Prosecutor General in developing its strategic approach to addressing conflict-related sexual violence. The GRC will continue to support the Office of the Prosecutor General in strengthening its capacity to investigate and prosecute conflict-related crimes, including sexual violence, and in the implementation of the action plan. The GRC is grateful to funding received from the European Union for its Mobile Justice Team to specifically work on conflict-related sexual violence. For more information, contact: annamykytenko@globalrightscompliance.co.uk

[1] While the term ‘survivor’ is most often considered empowering, the Murad Code acknowledges that: “the terms “victims” and “survivors” can have different meanings in different settings and languages, and those who have experienced violence may prefer one term over the other, or neither. Survivors’ choices of identity should be respected and reflected by those around them. It is also important to acknowledge that some victims do not survive the violence.” Victims and Survivors of conflict-related sexual are women, men, children and persons with diverse sexual orientation, gender identity, gender expression and sex characteristics.