Impact: Justice
Launched in Den Haag in June 2019, the Justice Impact Group was co-chaired by former Ambassador Sabine Nölke of Canada and Ambassador Annika Markovic of Sweden.
Context
Although the Rome Statute was the first international criminal law instrument to expressly include crimes of sexual violence, since its adoption there has been limited accountability for conflict-related sexual violence. One of the barriers is a lack of a clear definition of what makes violence sexual. Simply put, the definition in the Elements of Crimes is circular: ‘sexual violence’ is essentially defined as an act of violence that is of a sexual nature. This can create a disparity between how sexual violence is perceived and experienced by victims and how it is adjudicated, as well as inconsistent jurisprudence.
Objective
The Impact Group’s first project was to create a working definition of sexual violence in the context of International Criminal Justice. In doing so, the Impact Group sought to advance the Women's Initiative for Gender Justice (WIGJ) "Call it what it is" campaign. The aim of the campaign was to develop an extensively researched and consulted civil society declaration, which would include a non-exhaustive list of actions that constitute sexual violence, for potential inclusion in the Elements of Crime.
Output
Following months of consultations, more than 500 survivors, 525 survey respondents, 54 NGO campaign partners and over 30 expert reviewers contributed to the drafting of an outcome document: the Civil Society Declaration on Sexual Violence. The Declaration is therefore a unique guidance document - firmly grounded in the lived experience of survivors and informed by a wide range of actors who are engaged first-hand in the field of sexual violence - to better shed light on this crime.
To ensure the Declaration's implementation by international courts and policymakers, two further documents (International Criminal Law guidelines and Key Principles for Policymakers) were produced and launched in the context of the Assembly of State Parties to the Rome Statute session in The Hague in December 2019. These three unique documents - thus forming The Hague Principles on Sexual Violence - will serve as a solid basis for practitioners to advance better accountability for crimes of sexual violence and a better understanding of the survivors' traumatic experience.