Thematic Issue: Accountability and Sanctions

Accountability

Although there does not seem to be a positive correlation between the prosecution of CRSV and the subsequent reduction of CRSV by nonstate armed groups, it can be held that the investigation and prosecution of CRSV – both at the international and national level – has a preventive and deterring effect in several ways. First, criminal trials reinforce societal condemnation of CRSV and counter impunity. Where there is impunity, including amnesty agreements, there is continued or increased sexual violence. Second, increased awareness or prospects of prosecution for CRSV may disincentivise armed actors. Third, accountability and justice processes counter impunity, which is basically a license to commit CRSV.

In order to have robust investigations and prosecutions of CRSV, there is first of all a need of strong legal survivor-centric frameworks on CRSV, both in national and international settings, which is often not in place.

Sanctions

The United Nations Security Council can use sanctions to advance its commitment to address conflict-related sexual violence; a practice which has not been put into practice often and effectively enough, some would argue. UN sanctions—specifically the designation criteria and the subsequent listing of sanctioned individuals— could be used to prevent and curb sexual violence in armed conflict and address the impunity of perpetrators.

According to the UN’s Framework for the Prevention of CRSV report: “The threat of sanctions sends a powerful political signal that can alter the behaviour of parties to conflict. For those operating beyond the reach of the rule of law or for those who do not fear judicial accountability, sanctions in the form of arms embargoes, travel bans and asset freezes can remove their means of doing harm, divest them of resources and limit their freedom of manoeuvre. The application of targeted sanctions can increase the cost and consequences of conflict-related sexual violence, and as such establish deterrence and enhance prevention of such crimes. Sanctions as a means of political pressure reinforces the gravity of sexual violence as a threat to security and an impediment to the restoration of peace, and can generate political commitments from the relevant parties to put in place concrete prevention measures.” The report continues by stating that “sexual violence is now reflected in the designation criteria of several country-specific sanctions regimes. Out of the 14 Security Council sanctions regimes currently in place, eight now incorporate conflict-related sexual violence as part of their designation criteria. This includes explicit reference to sexual violence as a stand-alone designation criterion for targeted sanctions in the cases of Central African Republic, Somalia, South Sudan and Libya.”