Progress and challenges to addressing sexual and gender-based crimes in Ukraine domestically
Reflections from other national and international jurisdictions
On 6 December 2023, Global Rights Compliance organised a panel discussion on the margins of the 22nd Assembly of States Parties to the International Criminal Court (ICC) to take stock of the progress made and explore the way forward to prosecuting war crimes of sexual and gender-based violence before the domestic justice system in Ukraine. The panel discussion was co-hosted by the Governments of Ukraine, the Netherlands as well as UN WOMEN, the Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict, and the Team of Experts.
Conflict-related sexual and gender-based crimes have been prevalent in the armed conflict in Ukraine since 2014, with a significant increase in the occurrence and magnitude of these crimes across the country since Russia’s full-scale invasion of Ukraine on 24 February 2022. Amidst an ongoing armed conflict, the exact extent and scale of these crimes is still unknown; but Ukraine’s Office of the Prosecutor General (OPG) is currently investigating over 250 cases, over a third of which concern male victims and 14 concern children.
Anna Sosonska, Head of the OPG Unit dedicated to working on conflict-related sexual violence, highlighted institutional progress to date, including the establishment of her unit over a year ago, the adoption of a strategic plan for prosecuting conflict-related sexual violence, and ongoing efforts to adapt work procedures to ensure compliance with international standards and best practice. She reiterated, however, that the impact of these efforts is not and cannot be immediate amidst a raging conflict and the vulnerable position of many victims, which may explain the reluctance of some to engage with the justice process:
“Progress is not only measured by numbers. Progress is measured by reflecting on the process as a whole; taking the time to explain to victims and witnesses their rights, the justice process, and ultimately respecting their decision on whether they are ready to engage with the justice process.” – Anna Sosonska, OPG
Challenges to investigating sexual crimes in Ukraine are not unique to the situation, as panellists from other jurisdictions highlighted. They include stigma and trauma suffered by victims, the precarious situation of the ongoing conflict, and the overwhelming scale of crimes to be investigated and prosecuted. Addressing this requires targeted and concerted efforts, and importantly, it requires diligence and care to ensure victims are treated with dignity and care in the justice process. The Ukrainian domestic justice system has called for and welcomed technical support and assistance from international bodies and experts to strengthen its strategic approach and institutional capacity. As panellists highlighted, such support should continue for the longer term.
“With progress made in surfacing sexual and gender-based crimes, going forward, we will work with the OPG to situate these crimes in the broader context in which they were committed to identify patterns and those most responsible.” Said Anna Mykytenko, Senior Legal Adviser at Global Rights Compliance. She added: “This requires time, cooperation, continued technical assistance and coordination by all external actors.”
Today in Ukraine, obstacles to justice stem less from a lack of attention or prioritisation by Ukrainian authorities but rather from the overwhelming scale of the issue at hand. Consequently, accountability may be protracted, but it is by no means neglected or disregarded by prosecutors, police, and the national and international organisations supporting justice for survivors of sexual violence.
For GRC, this event is part of the ongoing project entitled “Ukrainian Conflict-Related Sexual Violence Integrated Support Mechanism”, funded by EU FPI. To read more about the project, visit https://cutt.ly/8wOPQl77