...ICL or criminal law generally do not engage the issue of State responsibility, they nonetheless are an important avenue for the enforcement of IHL and IHRL. For example, under IHL and IHRL, States have an obligation to investigate and prosecute CRSV crimes. Domestic criminal courts do not oversee States’ compliance with this obligation. Rather, their establishment and functioning represent one of the ways States can fulfil that obligation. The criminalisation of CRSV in domestic legislation...

...or suspected to have been caused, by guards, fellow inmates, or any other person. The evidence of any witness must be collected and compiled in a report. If the enquiry indicates the guilt of one or more persons, the detaining State must prosecute the person or persons responsible.135 III.12 States must investigate and prosecute CRSV🔗 States must take all measures necessary for the suppression of all acts contrary to the Geneva Conventions.136 Generally, States may determine...

...budgets allocated for the eradication of racial discrimination and the implementation of the rights guaranteed by the Convention.76 Underlying causes of conflict. States should examine the underlying causes of conflicts that have a strong ethnic discriminatory component and, based on this examination, develop and implement an action plan to put an end to the conflict, in consultation with the parties concerned.77 Justice and Accountability🔗 III.13 States must investigate and prosecute CRSV🔗 Under article 6, States Parties...

...abduction, and other forms of sexual violence’ in armed conflict.37 Justice and Accountability🔗 III.5 States should investigate and prosecute CRSV🔗 Investigations. States should ‘investigate promptly, impartially and thoroughly alleged violations of human rights’,38 such as ‘all cases of sexual violence, including child marriage and female genital mutilation’,39 committed by non-State and State actors.40 States should also provide the complainant with detailed information about the results of the investigation.41 A State’s failure to promptly and effectively investigate allegations of sexual...

...to the affected population; Deliver life-saving services to women and girls affected by conflict.172 Justice and Accountability🔗 III.18 States must investigate and prosecute CRSV effectively🔗 Under article 2, States must investigate all instances of gender-based discrimination. To do so effectively, they should: Ensure that the investigation is carried out without delay and with the victim/survivor’s participation. The authorities should provide the victim/survivor with information on progress in the investigation and the likelihood of a trial...

...that States should investigate and prosecute all cases of sexual and gender-based violence, especially those involving State authorities or other entities for whose actions or omissions States are responsible under the Convention.13 I.2 To What Kind of Sexual Violence Does the CAT Apply?🔗 All forms of sexual violence mentioned in the Introduction to the Guidebook may amount to torture or ill-treatment.14 In particular, the Committee has often recalled its jurisprudence that rape constitutes ‘infliction of severe......necessary;249 Guarantee the safety of justice officials and address attacks and reprisals directed against them;250 Increase the justice system’s capacity to investigate and prosecute corruption; Establish an adequately funded witness and whistle-blower protection programme; Undertake training and capacity-building programmes for the police and other law enforcement officers, prosecutors and judges on anti-corruption legislation and relevant professional codes of ethics; Ensure transparency in the conduct of public officials; Report back to the Committee on progress achieved,...

...effect to its obligations under the [CRPD] and on the progress made in that regard, within two years after the entry into force of the [CRPD] for the State Party concerned’. After, States must submit subsequent reports ‘at least every four years and further whenever the Committee so requests’. Justice and Accountability🔗 III.12 States must investigate and prosecute CRSV🔗 Recognising that ‘persons with disabilities have the right to recognition everywhere as persons before the law’...

...Republic of Egypt, the Commission decided that the State had failed to investigate and prosecute the perpetrators of gender-specific violations against women, including sexual violence.74 By failing to investigate effectively, the State showed a lack of commitment to take action, which could not be justified by lack of sufficient information to carry out a proper investigation.75 Failure to investigate compromises States’ international responsibility, ‘both in the case of crimes committed by agents of the State and those committed...

...the situation there and their personal circumstances.67 The ECtHR has not ruled out the possibility that article 3 applies when the risks come from persons who are not public officials, but ‘it must be shown that the risk is real’ and that the authorities of the receiving State are unable to provide protection against that risk.68 Justice and Accountability🔗 III.7 States must investigate and prosecute CRSV🔗 Under article 3, States must effectively criminalise and ‘deter the......CRSV🔗 Under article 10, States must establish one or more official bodies to co-ordinate, implement, monitor and evaluate policies and measures to prevent and combat violence against women and domestic violence. These bodies must co-ordinate data collection, and analyse and disseminate its results. Justice and Accountability🔗 IV.8 States must investigate and prosecute CRSV🔗 Under article 49, States must conduct investigations and judicial proceedings concerning violence against women and domestic violence ‘without undue delay’, taking into...

...of police officers and other public officials responsible for the custody of persons deprived of their liberty. Justice and Accountability🔗 III.7 States must investigate and prosecute CRSV🔗 Under articles 1(1) and 5 of the American Convention, States must investigate possible acts of torture or ill-treatment to ensure everyone’s right to humane treatment.70 When there is a well-founded reason to believe that torture or ill-treatment has been committed, States must open and conduct an investigation. States......other similar mechanism that excludes responsibility, in order to waive its obligation to investigate and prosecute those responsible’;140 Defences of superior order.141 States must investigate possible links between those directly responsible and their superiors in the perpetration of torture, sexual violence and rape, ‘individualizing those responsible at all levels of decision’.142 States must meet their obligations in good faith.143 A State cannot justify its failure to initiate investigations into human rights violations by: Invoking the provisions of...