Module 2 Understanding Sexual Violence INTERNATIONAL PROTOCOL PART II – UNDERSTANDING SEXUAL VIOLENCE PAGES 16-27 Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Session objectives Explain what sexual violence and gender-based violence mean Identify forms, patterns and potential victims of sexual violence Recognise the harm caused by sexual violence and associated stereotypes Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

What is sexual violence? Any act of a sexual nature committed without genuine consent (i.e. use of force or under coercive circumstances), or any act of violence that targets a person’s sexual function/organs Sexual violence is broader than just unwanted sexual penetration – it can include any sexual contact, forcible nudity, or other acts committed with a sexual motive Physical invasion of the body is not necessary for an act to constitute sexual violence (SV) Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

What is sexual violence? Sexual violence includes physical violence which targets the victim’s sexual organs or sexual function, such as genital mutilation, forced pregnancy, forced abortion, or enforced sterilisation Proving a lack of consent in cases of sexual violence does not require establishing the use of physical force or violence – the circumstances surrounding the sexual violence may be enough to restrict the victim’s ability to give genuine and voluntary consent Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

What is gender-based violence? Gender-based violence (GBV) is any form of violence which targets men, women or other genders differently because of their role in society Gender-based violence can include using different forms of violence against men and women, or using violence to punish someone for not conforming to their socially-ascribed roles Most forms of sexual violence are also forms of gender-based violence, but not all gender-based violence is sexual violence GBV SV Gender-based violence: International Protocol Chapter 2, Box 1 Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

What is gender-based violence? Example: A village is attacked. All the men of fighting age are taken away and killed. All the women and men who remind behind are sexually assaulted or raped. Abduction & killing of the men is an example of gender-based violence – as men, they are seen as a potential threat and targeted for violence Sexual assault & rape of the women/remaining men is an example of both sexual violence and gender-based violence – as women and men, they are targeted for sexualised violence GBV SV Gender-based violence: International Protocol Chapter 2, Box 1 Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

What is conflict and atrocity-related sexual violence? CARSV refers to sexual violence amounting to a crime or violation of international law Often part of a campaign of violence incl. mass murder, pillaging and other crimes. Contextualising CARSV is key Highly under-reported/documented, unlike other violence CARSV does not happen in isolation from other forms of sexual and non-sexual violence resulting from a lack of security and prevailing impunity GBV SV CARSV Contextualising Sexual Violence: International Protocol Chapter 4, Box 2 © Institute for International Criminal Investigations 2018

Patterns of conflict and atrocity-related sexual violence Module 4 – Individual Criminal Responsibility Module 5 – State Responsibility As a military tactic or means of attacking civilians Terrorising the civilian population Targeting a specific (political/racial/ethnic/religious) group As a method of interrogation, torture or punishment Taking advantage of a coercive or lawless environment As a form or camaraderie or as part of ritualistic practices Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Who can be affected? EVERYONE Module 9 – Planning and Module 11 – Interviewing Module 16 – Sexual Violence against Children Module 17 – Sexual Violence against Men and Boys EVERYONE can be a victim of sexual violence Men/women/transgender, boys/girls, old people/babies and disabled people Men can be victims and women can be perpetrators Sexual violence is about power, control and violence, not about sex or sexual attraction Sexual violence against men & boys generally is extremely under-reported and should be specifically recognised and pursued Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Who can be affected? Module 9 – Planning and Module 11 – Interviewing Module 16 – Sexual Violence against Children Module 17 – Sexual Violence against Men and Boys Women and children generally are at higher risk of sexual violence – it may also target specific political, ethnic or religious groups Remember, those being forced to carry out sexual violence against another person are victims themselves Not all victims will exhibit obvious physical injuries or stereotypical emotional responses – they should nevertheless be treated with dignity, care and respect Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Red flags for sexual violence Module 9 – Planning and Module 11 – Interviewing Module 17 – Sexual Violence against Men and Boys Forcible conscription or use of child soldiers Flight & population displacement Use of propaganda & hate speech Detention, interrogation, torture Separation of men and women House/school raids by armed groups Ethnic/ political dimension to conflict Checkpoints/ military presence Red Flags: International Protocol Chapter 2, Box 5 © Institute for International Criminal Investigations 2018

Impact of sexual violence Module 7 – Do No Harm and Chapter 8 - Safety and Security Module 9 - Planning, Module 11 – Interviewing and Module 15 - Trauma Module 16 – Sexual Violence against Children Module 17 – Sexual Violence against Men and Boys Understanding the impact of sexual violence is key to both referring victims to medical or other services and documenting the harm caused While certain consequences may apply to all victims, others may only apply to female, male or child victims Communities and social fabric can be destroyed by the commission of sexual violence against their members Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Impact of sexual violence Module 7 – Do No Harm and Chapter 8 - Safety and Security Module 9 - Planning, Module 11 – Interviewing and Module 15 - Trauma Module 16 – Sexual Violence against Children Module 17 – Sexual Violence against Men and Boys Physical Socio-economic & Legal Psychological/Emotional Social VICTIM Impact of Sexual Violence, International Protocol Chapter 2, Box 6 © Institute for International Criminal Investigations 2018

Impact of sexual violence Module 7 – Do No Harm and Chapter 8 - Safety and Security Module 9 - Planning, Module 11 – Interviewing and Module 15 - Trauma Module 16 – Sexual Violence against Children Module 17 – Sexual Violence against Men and Boys PHYSICAL Injuries, disability & death STIs, HIV/AIDS Unwanted pregnancy, sterility PSYCHOLOGICAL Depression & suicidal thoughts Trauma, flashbacks Anger, anxiety & fear SOCIAL Stigma, blame, rejection Disrupted relations, abandonment Breakdown of families and communities SOCIO-ECONOMIC & LEGAL Loss of livelihood & role in society Economic dependency Arrest, detention & punishment Impact of Sexual Violence, International Protocol Chapter 2, Box 6 © Institute for International Criminal Investigations 2018

Who causes harm to victims? Victims have to deal with the physical, social and/or psychological harm inflicted by the perpetrator They may then continue to be harmed by: Families who abandon or blame them Communities who reject or exclude them Authorities who are unresponsive or hostile Governments who deny them recognition or remedies If you are documenting sexual violence, you can empower survivors by helping them to pursue accountability Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Responding to sexual violence Module 7 – Do No Harm and Chapter 8 - Safety and Security Module 9 - Planning and Module 11 – Interviewing Do No Harm MINIMUM STANDARD Empowerment through participation GOLD STANDARD Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Myths and stereotypes Module 9 - Planning, Module 11 – Interviewing and Module 15 – Trauma Module 14 – Analysing Evidence and Information Module 16 – Sexual Violence against Children Module 17 – Sexual Violence against Men and Boys Myths/stereotypes about sexual violence are very common – they can undermine or even prejudice your inquiries Be conscious of your own personal bias and preconceptions and endeavour to be objective and open-minded Stereotypes and assumptions can negatively impact on your ability to recognise and identify potential victims/witnesses/perpetrators, assess their behaviour or credibility, or even judge the strength and reliability of your own information Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Myths and stereotypes All victims feel ashamed/ frightened/ broken Module 9 Planning, Module 11 – Interviewing and Module 15 – Trauma Module 14 – Analysing Evidence and Information Module 16 - Sexual violence against Children Module 17 - Sexual violence against Men and Boys All victims feel ashamed/ frightened/ broken The victim was to blame/ caused it in some way Anyone who has difficulty remembering is lying Most claims are false and should not be believed Only women can be victims of sexual violence Genuine victims will cry/refuse to discuss it Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Recognising conflict and atrocity-related sexual violence EXERCISE Think about and discuss the following scenarios. Which of them would you describe as CARSV or sexual violence? If not, why not? Which would you describe as gender-based violence? As a follow-up exercise, discuss whether the scenarios would constitute a crime or violation under the law that you use Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Recognising conflict and atrocity-related sexual violence A teenage girl is given chocolate and medicine by peacekeeping troops in exchange for sexual favours Male prisoners of war are photographed naked in humiliating positions A woman in an occupied zone agrees to sexual relations with a senior commander to protect herself from lower-ranked troops A man under interrogation by police is tied to a chair while his penis and testicles are beaten with a knotted rope The local police chief shows signs of obvious arousal while beating and verbally abusing prisoners A male prisoner on hunger strike is threatened with having a “rehydration tube” inserted into his anus All the men of military age in a village are imprisoned in a detention camp. Many are beaten and later killed A teenage girl is forced to strip naked and perform gymnastics in public Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Recognising conflict and atrocity-related sexual violence A man being questioned by the security forces is ordered to have sex with a female prostitute to ‘prove he is not gay’ A woman prisoner is told that if she does not confess, her young son will be raped in front of her A militia group kidnaps a group of young girls from their school and takes them to a market to be sold as slaves A boy child soldier assigned to a female commander who wants a baby is forced to have sex with her until she gets pregnant A teenage girl has acid thrown in her face for ‘immoral behaviour’ Two male prisoners are forced by their captors to perform oral sex on each other Bodies of women are found in a village with their clothing removed, some with their legs apart Members of one ethnic group carry out forcible public circumcisions of men from a different tribe Training Materials on the International Protocol © Institute for International Criminal Investigations 2018