...four thematic areas: prevention, justice and accountability, humanitarian response, and reparations – also aims to raise awareness and strengthen the capacity of civil society, including survivor movements, in asserting their rights and to support their advocacy efforts to hold States accountable. What is clear from reading the guidebook is that there is already a robust set of obligations and that, if States fully respect them, significant progress would be made towards ending the scourge of...

...of the relevant legal system; 2) Legal Framework, which lists the main treaties and other material specific to that legal system on which our research was based; and 3) Obligations, which details the State obligations to address CRSV under the relevant legal framework. Additionally, obligations are divided into four thematic categories, namely: Prevention. “Prevention” refers to the actions that States must take to prevent the (re)occurrence of CRSV; Justice and accountability. “Justice and accountability” concerns......and only by punishing individuals who commit such crimes can the provisions of International Law be enforced’. International Military Tribunal (Nuremberg)7 The absence of a thorough examination of ICL in the Guidebook is not meant to overshadow its impact on the development of international law relevant to the prevention of and response to CRSV. In particular, the various international criminal courts and tribunals,8 as well as national courts,9 have adopted and interpreted identical or similar......with an enhanced understanding of the various forms that sexual violence may take, ‘to allow for more inclusive, survivor-centred, forward-looking and culturally sensitive responses to these crimes’. The Principles are available here. Importantly, CRSV can fall within the scope of other kinds of internationally prohibited violence. For example: Under the Convention on the Prevention and Punishment of the Crime of Genocide, CRSV may be an underlying act of genocide; Under the International Convention on the...

...additional protection to conflict-affected persons, we recommend that readers refer to the “International Human Rights Law” chapter of the Guidebook to find a more detailed explanation of how human rights obligations complement IHL. See the Guidebook’s “Introduction” chapter for a discussion on the relationship between IHL and IHRL. III. Obligations🔗 Prevention🔗 III.1 States must outlaw CRSV🔗 Under common article 1 of the Geneva Conventions, States must respect and ensure respect for the Conventions in all......Values that may appropriately be complemented by the study of international human rights law (IHRL).50 ‘In time of peace as in time of war’ designates this obligation as one of both prevention and humanitarian response. States’ dissemination efforts should not start only after an armed conflict has begun, when IHL principles are more difficult to teach. Spreading IHL in times of peace allows for programmes and materials to be developed for the needs of more......be held in quarters separate from the quarters of adults, except where families are accommodated as family units.93 This separation should support the prevention of violence against children by non-family adult members, though notably is not a guarantee – children in situations of detention remain particularly at risk of abuse. Where children in detention have been victims of sexual violence, States should take particular care to explain their options and the possible consequences, and to...

...procreate.25 Note to reader All obligations relating to the prevention and punishment of genocide, listed in this subchapter, apply to CRSV that amounts to the crime of genocide. II. Legal Framework🔗 Convention on the Prevention and Punishment of the Crime of Genocide International Court of Justice (ICJ) Judgments Advisory Opinions Note to reader For an explanation of the ICJ’s powers and the bindingness of its jurisprudence, refer to the “Ratification and Enforcement of Treaties” chapter,......“International Court of Justice” subsection. III. Obligations🔗 Prevention🔗 III.1 States must take legislative and other actions to prevent CRSV🔗 Under article I, States Parties undertake to prevent the crime of genocide. Article I ‘brings out the close link between prevention and punishment’:26 ‘one of the most effective ways of preventing criminal acts’ is for States to provide penalties for and to impose them effectively on perpetrators.27 The obligation to prevent is a distinct obligation that is not...I. Introduction🔗 The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was the first international human rights treaty adopted by the United Nations General Assembly. Article I establishes genocide as a crime under international law, whether committed in time of peace or in time of war, and not only obliges States to not commit genocide, but also to prevent and punish it. Article II defines the crime of genocide as......ICJ concerning another State Party’s alleged responsibility for a breach of the Convention.7 To do so, the former State is not required to have been ‘specially affected’ by that breach; for example, it does not need to demonstrate that any of the alleged breach’s victims were its nationals.8 All States Parties to the Convention have a common interest to ensure the prevention, suppression and punishment of genocide.9 However, the erga omnes character of its obligations......authorities of that State and the perpetrators.33 States Parties cannot dispense with the obligation to prevent genocide by calling upon the United Nations (UN) to take action under the UN Charter for the prevention and suppression of any of the acts listed in article III.34 Finally, the ICJ has clarified that a State may be held responsible for breaching the obligation to prevent any of the acts listed in article III only in cases in which...

...“Introduction” section, and the “Introduction” chapter, “Methodology” section. III. Obligations🔗 Prevention🔗 III.1 States must criminalise CRSV🔗 Under article 2(1), States Parties must ‘condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms’. Under article 4(a), States must criminalise: All acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin; and......‘into all policies and strategies for combating racial discrimination’ to address the multiple forms of discrimination to which women are subject;9 Provide sufficient ‘human, material and technical’ resources for violence prevention and service programmes.10 In post-conflict processes, a State should prioritise integrating ‘the principles of equality and non-discrimination in all its initiatives and plans aimed at conflict resolution and peacebuilding’.11 Domestic legislation. Under article 2(1)(c), States must ‘review governmental, national and local policies, and amend, rescind......remedial process’;100 Set up and adequately fund ‘prevention and early assistance centres, counselling services and temporary shelters’;101 Strengthen and expand existing services, ‘including shelters and counselling, for victims of gender-based violence’,102 so as to ensure their accessibility, and ‘increase the number of doctors and of functioning and properly equipped primary health centres and health sub-centres in tribal and rural areas’;103 Ensure equal access to health care facilities and reproductive health services that are affordable,104 adequate and culturally......relevant and accessible;105 Improve access to maternal health care, family planning, pre- and post- natal care and emergency obstetric services; Facilitate access to adequate contraceptive and family planning methods.106 States should ensure that women and girls are consulted for the provision of such services;107 Provide adequate sexual education aimed at the prevention of unintended pregnancies and sexually-transmitted infections;108 Mitigate the risks faced by women seeking an abortion and by health providers assisting them, and ensure that...

...Political Rights Human Rights Committee (CCPR) General Comments Concluding Observations Views Note to reader On the authoritativeness and the question of bindingness of the Committee’s work, consult the “International Human Rights Law” chapter, “Introduction” section, and the “Introduction” chapter, “Methodology” section. III. Obligations🔗 Prevention🔗 III.1 States must ensure that no one subject to their jurisdiction suffers CRSV🔗 Under article 7, States must ensure that no one is subjected to torture or ill-treatment. The aim of...

...participate in political decision-making and development planning at all levels and in all sectors. Participation in conflict-prevention processes. ‘[G]ender-blind conflict prevention measures cannot adequately predict and prevent conflict’. It is only by including female stakeholders and using a gendered analysis of conflict that States Parties can design appropriate responses.139 States should: Reinforce and support women’s formal and informal conflict prevention efforts; Equally involve women in national, regional and international organisations, as well as in informal, local or......themselves’.16 The Committee has stated that the term ‘conflict’ can be interpreted to include a variety of circumstances: ‘conflict prevention, international and non-international armed conflicts, situations of foreign occupation and other forms of occupation and the post-conflict phase’.17 The meaning of ‘conflict’ under the CEDAW is more extensive than in IHL, as it may also cover ‘internal disturbances, protracted and low-intensity civil strife, political strife, ethnic and communal violence, states of emergency and suppression of mass......consult the “International Human Rights Law” chapter, “Introduction” section, and the “Introduction” chapter, “Methodology” section. III. Obligations🔗 Prevention🔗 III.1 States must criminalise CRSV🔗 Under article 2, States must adopt legislative and other measures prohibiting all forms of discrimination against women. States have a due diligence obligation ‘to prevent violence or violations of human rights, protect victims and witnesses from violations, investigate and punish those responsible, including private actors, and provide access to redress for human......of substantive equality; Implement the Security Council agenda on women, peace and security in conformity with the CEDAW and its Optional Protocol; Allocate adequate budgets to the implementation of the Security Council agenda on women, peace and security.52 III.4 States’ obligations under the CEDAW must be fulfilled both within and outside their territory🔗 Women’s rights in conflict prevention, conflict and post-conflict processes are affected by various actors, including the State where the conflict arises, neighbouring......right to acquire a nationality. States should implement Identification programmes in a non-arbitrary and non-discriminatory manner ‘within a reasonable time-frame’; Keep children born of conflict-related rape and their mothers informed and consulted on any decisions affecting them. States should involve them in conflict prevention, peace building and post-conflict reconstruction; Provide children born of rape with ‘equal access to vocational training, life skills and socioeconomic support, sports and leisure activities, religion and cultural activities by means...

...Degrading Treatment or Punishment Reports Note to reader On the authoritativeness and the question of bindingness of the Committee’s work, consult the “International Human Rights Law” chapter, “Introduction” section, and the “Introduction” chapter, “Methodology” section. III. Obligations🔗 Prevention🔗 III.1 States must criminalise CRSV🔗 Under article 2(1), States Parties must prevent torture through effective legislative or other actions.25 States must ensure that the offence of torture is criminalised in line with article 1 of the Convention ,......as well as article 4, which covers attempts to commit torture and any acts which constitute complicity or participation in torture.26 The obligations to prevent torture under article 2 and ill-treatment under article 16(1) ‘are indivisible, interdependent and interrelated’. The obligation to prevent ill-treatment in practice overlaps with the obligation to prevent torture. Article 16, identifying the means of prevention of ill-treatment, emphasises the adoption of the measures outlined in articles 10 to 13 on......education, interrogation, investigation and complaints, but ‘does not limit effective prevention to these articles’. The conditions that give rise to ill-treatment ‘frequently facilitate torture and therefore the measures required to prevent torture must be applied to prevent ill-treatment’.27 Restrictive definitions. Legislation criminalising CRSV cannot be restrictive in the way it defines sexual violence: instead, it should do so ‘in accordance with international standards and jurisprudence related to the prosecution of war crimes of sexual violence’.28 States should......unless prisoners have given their express consent.130 States should also ensure that forensic doctors and, when needed, female inspectors trained to detect signs of torture or other ill-treatment, including sexual violence, are present during those visits.131 States should permit the International Committee of the Red Cross132 and other non-governmental organisations133 to undertake visits to places of detention in the State Party. States that have ratified the Optional Protocol should also allow the Subcommittee on Prevention of Torture and......a view to putting an end to.147 If detention is unavoidable, States should adopt all necessary measures ‘to establish separate detention centres for persons below the age of 18;148 Refrain from subjecting young offenders to preventive detention, except in exceptional and extraordinary cases according to specific and strict criteria defined by law, in line with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention...

...the Rights of Persons with Disabilities Committee on the Rights of Persons with Disabilities General Comments Decisions Concluding Observations Note to reader On the authoritativeness and the question of bindingness of the Committee’s work, consult the “International Human Rights Law” chapter, “Introduction” section, and the “Introduction” chapter, “Methodology” section. III. Obligations🔗 Prevention🔗 III.1 States must criminalise CRSV🔗 States must take ‘all appropriate legislative, administrative, social, educational and other measures’ to protect persons with disabilities from......to other persons, including in the area of sexual and reproductive health and population-based public health programmes’. As lack of access to sexual and reproductive health information can increase women’s risk of being subjected to sexual violence, health care and programmes should include information about ‘maternal health, contraceptives, family planning, sexually transmitted infections, HIV prevention, safe abortion and post-abortion care, infertility and fertility options, and reproductive cancer’, in accordance with the revised International Technical Guidance...

...Human Rights (American Convention) adopted in 1969, and the African Charter on Human and People’s Rights (African Charter) adopted in 1981. The three regional systems also include specific treaties through which Member States may undertake a set of obligations regarding violence against women, namely the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention), the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention...