For women, whose experiences of violence are directly related to their unequal status, justice is as much about dealing with the past as it is about securing a better future that includes guarantees of non-recurrence.

Key messages

• Justice must be transformative in nature, addressing not only the singular violation experienced by women, but also the underlying inequalities which render women and girls vulnerable during times of conflict and which inform the consequences of the human rights violations they experience.
• The focus on impunity and perpetrators –demonstrated in positive steps taken by the ICC, national war crimes courts, and the increasing use of commissions of inquiry- must be matched by an equal focus on reparations, services, and redress for victims.

• While investment has increased in ensuring informal justice systems deliver equal protection of rights for women and girls, this remains an under-resourced and underserviced site of engagement.

Facts and figures

• Charges for gender based crimes have been brought in 6 of the 9 situations under investigation by the ICC, and in 14 out of 19 cases. However, in the three verdicts issued by the Court so far, there have been no convictions for gender-based crimes
• From 1993-2004, in every case before the ICTY resulting in significant redress of sexual violence crimes perpetrated against both women and men, women judges were on the bench.
• Of the 122 State Parties to the Rome Statute in 2014, 95 had introduced subsequent domestic legislation that addressed violence against women.

• Surveys in conflict-affected areas reveal that women tend to be less informed and report lower levels of access to both formal and traditional justice mechanisms than men.
• Approximately 80 percent of claims or disputes are resolved by parallel justice systems, indicating that most women in developing countries access justice in a plural legal environment.
• Evidence suggests that increasing the number of women judges and other front line justice sector officials can create more conducive environments for women in courts and make a difference to outcomes in sexual violence cases.

Key recommendations

• Invest in strengthening national justice systems to investigate and prosecute international crimes, including SGBV, in accordance with the principle of complementarity.
• Advocate for State ratification and domestic implementation of the Rome Statute; and adoption of national legislation in line with international standards on women’s rights, including specific legislation on sexual and gender-based violence crimes.

• Prioritize the design and implementation of gender-sensitive reparations programmes with transformative impact, including through implementation of the Guidance Note of the Secretary General on Reparations for Conflict-Related Sexual Violence.
• Support increasing the participation of women at all levels in justice service delivery, across both formal and informal systems, through measures that can include quotas and support to women’s legal education, including scholarships.