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- Title
HEALING WITH ACCOUNTABILITY: IMPROVING METHODS OF PROSECUTING SEXUAL VIOLENCE POSTCONFLICT.
- Authors
Killian, Kathleen
- Abstract
Prosecutions for sexual violence post-conflict rarely result in successful convictions. If this trend were to continue, survivors may feel that they will never find a reliable path to justice. International criminal law has evolved quickly, and it continues to expand its approaches to justice post-conflict. Each step forward, however, still fails to find its footing for prosecutions related to sexual violence. A specialized chamber for sexual violence should be implemented in all ad hoc criminal tribunals that are built as justice mechanisms post-conflict. Important scholars, such as Chiseche Salome Mibenge, have identified this disappointing trend of failed prosecutions and highlighted some of its core contributing factors. However, no scholar has recommended the creation of a specialized and separate chamber as a solution. The significance of this proposed chamber lies not just its specialization, which would provide trauma-informed training to staff at every level of the tribunal, but also its separation. By severing the sexual-violence chamber from other chambers, this framework tackles the issue of courts prioritizing prosecution of crimes that are “easier” to prove. It can implement procedures that address the unique nature of these crimes while giving additional support to survivors as they navigate this traumatizing process. The existing landscape of international criminal law continues to improve its approach to sexual violence, but it has not been enough. This suggested solution provides a robust discussion of the issues and a possible road to redemption for the international legal community.
- Subjects
SEXUAL assault; PROSECUTION; BELIEF &; doubt; INTERNATIONAL criminal law; SCHOLARS
- Publication
Temple International & Comparative Law Journal, 2021, Vol 35, Issue 2, p259
- ISSN
0889-1915
- Publication type
Article