Domesticating International Sexual Violence Crimes in National Legal Systems
Victims and survivors of conflict-related sexual violence have the right to access justice wherever they live. A legal framework is necessary to exercise those rights.
PJI drafted Model Legislative Provisions and Legislative Guidance on the Investigation and Prosecution of Conflict-Related Sexual Violence (Model Legislative Provisions) under the auspices of the United Nations Secretary General’s Special Representative on Sexual Violence in Conflict (SRSG SVC), Ms. Pramila Patten, and they were published on June 18, 2021. PJI looks forward to working with the SRSG SVC’s office and the Inter-Parliamentary Union (IPU) on the global rollout of these model provisions, which will make a victim-centred approach to accountability possible for a wider variety of sexual violence crimes, and closer to home.
These Model Legislative Provisions represent the highest standard of criminal law and procedure, a robust legal and procedural framework in compliance with international norms and obligations. Drawn from a broad array of national legislation from 28 states in the Global North and Global South, the Model Legislative Provisions incorporate and go beyond the provisions of the Rome Statute, incorporating provisions emerging from, and consistent with, customary international law.
This new tool aims to assist parliamentarians and legislators in enacting or amending legislation on conflict-related sexual violence in line with international norms and standards to bring survivor-centred justice, as well as supporting national jurisdictions in overcoming obstacles to ensuring accountability for conflict related sexual violence. The Model Legislative Provisions benefited from input from several UN entities through a peer review process.
Victims and survivors deserve justice close to home; justice which involves and includes them; justice which empowers rather than sacrifices them; justice which honours their courage and respects their constraints; justice which considers their needs as a core consideration rather than an afterthought; justice which uplifts them rather than further victimising them; justice which paves the path for other victims to come forward; justice which is accessible, tangible, visible, and transformative.
These Model Legislative Provisions and Guidance can help make these aspirations a reality.
Designed to achieve the best possible results for victims and survivors of conflict-related sexual violence, wherever they live
Grounded in meticulous, wide-ranging research
Guided by core principles
Informed by expertise from around the world
Download a copy of the Model Legislative Provisions here: OSRSG-SVC Model Legislative Provisions ENG