Search results for Justice and Accountability

Related keywords Access to justice Complaints mechanism Investigate and prosecute

Introduction

2. Structure

The Guidebook contains 7 chapters:

    Home - In this chapter, you can find a foreword from 2018 Nobel Peace Prize Laureate Dr. Denis Mukwege, background on the Guidebook project, and contact information for the Mukwege Foundation Introduction International Humanitarian Law (covering the Geneva Conventions, their Additional Protocols of 1977, customary IHL and other IHL obligations) International Human Rights Law
      At the international level (encompassing the Genocide Convention, the Convention on the Elimination of Racial Discrimination, the International Covenant on Civil and Political Rights, the Convention on the Elimination of Discrimination against Women, the Convention against Torture, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities) At the regional level (including the Council of Europe system, the Inter-American Human Rights system, and the African Union system)
    The United Nations Peace and Security framework Ratification and Enforcement of Treaties - In this chapter, you can explore the available mechanisms of enforcement of State obligations at the international level and the ratification status of treaties by country, including whether a country has deposited any reservations or declarations/understandings to a treaty, whether it has ratified optional and/or additional protocols to the treaty, and whether it has recognised the competence of the expert treaty committee to hear inter-State disputes and/or individual complaints and to conduct inquiries into alleged grave/serious or systematic violations of the concerned treaty Further Readings - In this chapter, you can explore a thematic library of articles, blogs, and reports by NGOs, experts, academics, and civil society organisations that provide in-depth examination of specific topics relevant to CRSV

About

...four thematic areas: prevention, justice and accountability, humanitarian response, and reparations – also aims to raise awareness and strengthen the capacity of civil society, including survivor movements, in asserting their rights and to support their advocacy efforts to hold States accountable. What is clear from reading the guidebook is that there is already a robust set of obligations and that, if States fully respect them, significant progress would be made towards ending the scourge of...

Introduction

...of the relevant legal system; 2) Legal Framework, which lists the main treaties and other material specific to that legal system on which our research was based; and 3) Obligations, which details the State obligations to address CRSV under the relevant legal framework. Additionally, obligations are divided into four thematic categories, namely: Prevention. “Prevention” refers to the actions that States must take to prevent the (re)occurrence of CRSV; Justice and accountability. “Justice and accountability” concerns......participation in any proceedings, and, in the case of convictions, prosecution and punishment of those found responsible. In the Guidebook, these procedural aspects of redress are addressed in the “Justice and Accountability” category. Note to reader Some obligations may fall within multiple categories. For ease of reading, the same obligations are not repeated in multiple categories, but this should not be understood as limiting an obligation’s scope to the Guidebook’s categorisation. 3. Scope🔗 As mentioned...

International Humanitarian Law

...to reader A detailed explanation of IHL on occupation is beyond the scope of the Guidebook. For a breakdown of the relevant legal provisions, see ICRC, ‘Occupation’. Justice and Accountability🔗 III.11 States must ensure victims/survivors of CRSV who have been deprived of their liberty (including POWs) have access to reporting procedures🔗 Persons deprived of their liberty must have the right to complain about the conditions they are being detained in to the authorities in whose...

Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention)

...be complicit in genocide, States must share the specific intent to destroy, in whole or in part, a protected group with the perpetrators is an open legal question, as the ICJ declined to address this matter in the Croatia v Serbia case. Justice and Accountability🔗 III.3 States must punish CRSV🔗 States must not afford impunity to those who commit genocide:42 States must punish perpetrators of any of the acts listed in article III, whether they are heads of...

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

...budgets allocated for the eradication of racial discrimination and the implementation of the rights guaranteed by the Convention.76 Underlying causes of conflict. States should examine the underlying causes of conflicts that have a strong ethnic discriminatory component and, based on this examination, develop and implement an action plan to put an end to the conflict, in consultation with the parties concerned.77 Justice and Accountability🔗 III.13 States must investigate and prosecute CRSV🔗 Under article 6, States Parties...

International Covenant on Civil and Political Rights (ICCPR)

...abduction, and other forms of sexual violence’ in armed conflict.37 Justice and Accountability🔗 III.5 States should investigate and prosecute CRSV🔗 Investigations. States should ‘investigate promptly, impartially and thoroughly alleged violations of human rights’,38 such as ‘all cases of sexual violence, including child marriage and female genital mutilation’,39 committed by non-State and State actors.40 States should also provide the complainant with detailed information about the results of the investigation.41 A State’s failure to promptly and effectively investigate allegations of sexual...

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

...to the affected population; Deliver life-saving services to women and girls affected by conflict.172 Justice and Accountability🔗 III.18 States must investigate and prosecute CRSV effectively🔗 Under article 2, States must investigate all instances of gender-based discrimination. To do so effectively, they should: Ensure that the investigation is carried out without delay and with the victim/survivor’s participation. The authorities should provide the victim/survivor with information on progress in the investigation and the likelihood of a trial...

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

...Justice and Accountability🔗 III.13 States must establish impartial and effective complaints mechanisms to receive complaints of CRSV🔗 Under article 13, States must establish impartial and effective complaints mechanisms to receive complaints of torture and ill-treatment that are made known and accessible to the public, including to: Persons deprived of their liberty, whether in detention, psychiatric facilities,214 or elsewhere via, for example, ‘telephone hotlines or confidential complaints boxes in detention facilities’; Persons belonging to at risk or...

Convention on the Rights of Persons with Disabilities (CRPD)

...effect to its obligations under the [CRPD] and on the progress made in that regard, within two years after the entry into force of the [CRPD] for the State Party concerned’. After, States must submit subsequent reports ‘at least every four years and further whenever the Committee so requests’. Justice and Accountability🔗 III.12 States must investigate and prosecute CRSV🔗 Recognising that ‘persons with disabilities have the right to recognition everywhere as persons before the law’...

African Union System

...of detention in Africa, the Special Rapporteur on arbitrary, summary and extra-judicial executions in Africa and the Special Rapporteur on the rights of women in Africa; The United Nations Human Rights Treaty Bodies, the UN Human Rights Council’s thematic and country-specific special procedures, and the UN Special Rapporteur on Torture.70 Justice and Accountability🔗 III.7 States must effectively investigate CRSV and bring perpetrators to justice🔗 Under article 5, States must effectively investigate all acts of torture......University of Pretoria, has issued a document with guidelines for State reporting under the Protocol.142 Justice and Accountability🔗 IV.6 States must appropriately and effectively punish perpetrators of CRSV🔗 Under article 4(2), States must adopt appropriate and effective ‘legislative, administrative, social and economic measures’ to eradicate all forms of violence against women, and punish the perpetrators. Under article 11(3), States undertake to bring the perpetrators of all forms of violence, rape and other forms of sexual...

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