1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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