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Introduction – Using the International Protocol Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 INTERNATIONAL PROTOCOL, INTRODUCTION PAGES 10-12
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An overview of basic principles for the investigation or documentation of conflict-related sexual violence It is intended as a practical guide to contribute to greater accountability for crimes of sexual violence Part 1 (Modules 1-2) explains what sexual violence is and how it can constitute an international crime Part 2 (Modules 3-9) covers practical documentation skills, including planning, interviewing and dealing with evidence What is the International Protocol? Training Materials on the International Protocol © Institute for International Criminal Investigations 2015
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What is the purpose of the Protocol? Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 Increasing accountability Not just criminal prosecutions Civil claims, human rights litigation, reparations Post-conflict justice mechanisms Advocacy, awareness, public campaigning Improving standards More investigation and documentation of sexual violence Higher standard of evidence/information collected Better understanding of international legal requirements Practical guidance Relevant investigation/ documentation skills Planning and methodology Safe and effective interview skills Evidence/ information management
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Sexual violence is too often ignored or overlooked Sexual violence is too often ignored or overlooked – making sure that it is prioritised, understood and properly investigated or documented can help prevent impunity Many practitioners do not know how to safely and effectively investigate and document sexual violence crimes Better understanding leads to more appropriate responses to survivors, better practice and stronger information/evidence Stronger information/evidence leads to more accountability, more access to justice for victims and more effective advocacy Why is it important? Training Materials on the International Protocol © Institute for International Criminal Investigations 2015
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Who can use the Protocol? Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 ANYONE WHO IS DOCUMENTING SEXUAL VIOLENCE FOR ACCOUNTABILITY PURPOSES NGOs & civil society groups National authorities Judicial officers International investigators Human rights monitors Humanitarian organisations Journalists/ investigative reporters Advocacy & survivor groups
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How to use the Protocol Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 As a practical guide for fundamental investigation/documentation skills To improve understanding of the legal elements of international crimes As an overview of basic standards of international best practice To highlight the impact and challenges of conflict-related sexual violence As a guide to appropriate professional responses to survivors/witnesses To collect stronger evidence/information to pursue more accountability
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Limitations of the Protocol Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 The Protocol is not intended to be a rulebook or to impose universal standards for investigation/documentation The principles contained in the Protocol represent a baseline of international best practice on how to investigate/document acts of sexual violence in a competent and effective way Each jurisdiction will have its own specific legal definitions, cultural challenges and procedural/evidentiary requirements THE PRINCIPLES IN THE PROTOCOL MUST BE ADAPTED TO THE REQUIREMENTS OF YOUR OWN CONTEXT
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Terminology Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 INVESTIGATION/ DOCUMENTATION Investigation involves a search for facts and evidence to make findings about responsibility Documentation is the collection of relevant, reliable information to explain or describe events INVESTIGATION/ DOCUMENTATION Investigation involves a search for facts and evidence to make findings about responsibility Documentation is the collection of relevant, reliable information to explain or describe events SURVIVORS/ VICTIMS Many people who have been through sexual violence prefer to see themselves as survivors, not victims Survivors can also be victims and witnesses in a legal sense, so those words will be used where relevant SURVIVORS/ VICTIMS Many people who have been through sexual violence prefer to see themselves as survivors, not victims Survivors can also be victims and witnesses in a legal sense, so those words will be used where relevant CONFLICT-RELATED SEXUAL VIOLENCE Can occur as part of an armed conflict or widespread human rights abuses, not only in wartime Amounts to an international crime (i.e. war crimes, crimes against humanity or genocide) CONFLICT-RELATED SEXUAL VIOLENCE Can occur as part of an armed conflict or widespread human rights abuses, not only in wartime Amounts to an international crime (i.e. war crimes, crimes against humanity or genocide) SEXUAL/ GENDER-BASED VIOLENCE Difference is explained in greater detail in Module 1 – Understanding Sexual Violence Same investigation/ documentation principles are relevant to both SEXUAL/ GENDER-BASED VIOLENCE Difference is explained in greater detail in Module 1 – Understanding Sexual Violence Same investigation/ documentation principles are relevant to both
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