As set out in the “Justice section”, the recognition, prohibition and prosecution of different sexual and gender-based crimes started early 1900 (when the crimes were barely, if at all, prohibited) and took a real flight in the 1990s with the establishments of the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), followed by other international criminal tribunals, the International Criminal Court (ICC) and national and local courts. These crimes are now prohibited as crimes against humanity, war crimes and genocide under the international and (several) national frameworks of the respective tribunals and courts.

Prohibitions of different kinds of CRSV crimes have long been found under international humanitarian law (IHL) and international human rights law (IHRL). For example, the 1949 Geneva Conventions and Additional Protocols of 1977 expressly prohibit rape, enforced prostitution, and other forms of sexual violence or indecent assault on civilians and more generally, prohibits attacks on personal dignity, including humiliating and degrading treatment. For states, when being a ratifying party to these treaties and conventions, this brings with it responsibilities: i.e. to prevent, stop and address CRSV. Examples of IHRL prohibitions that deal with sexual and gender-based crimes can be found in, for example, the Convention on the Elimination of Discrimination against Women (CEDAW), Genocide Convention, Convention against Torture (CAT), and the Convention on the Rights of the Child (CRC).

The Dr. Mukwege Foundations’ Red Line Initiative has published an online “Guidebook on State Obligations for Conflict-Related Sexual Violence”. It addresses states obligations – by setting out, amongst others, IHL and IHRL obligations with regard to CRSV – in the areas of prevention, justice and accountability, humanitarian response, and reparations. One of the key insights learned from this initiative was that there is a need for States to be better aware of their existing obligations. For example, “while IHRL contains strong binding standards relevant to CRSV, (…) some States remain unaware of the scope of their obligations and thus fail, due to this and other reasons, such as lack of political will, to take the steps required of them to meet these standards. Several experts have indicated that this may be due in large part to the fact that these standards are spread out across different documents that are not easily accessible to government officials. It was suggested that a compilation of these standards could support policy makers in ensuring a coherent approach to CRSV through different branches of law and different instruments.” The Guidebook therefore supports States to implement their obligations to prevent, respond and end CRSV and live up to their international commitments. It is also a useful tool for civil society to advocate with States to live up to their commitments.

Although a Convention against CRSV does not (yet) exist, the Guidebook on State Obligations for CRSV is a powerful tool and framework to hold States accountable for CRSV. In addition, the newly to be launched Convention on the Prevention and Punishment of Crimes against Humanity also includes prohibitions on CRSV and gender-based crimes. The Crimes against Humanity Convention aims to fill the gap under international law for state responsibility and prosecution of individuals before national courts for crimes against humanity.