Sexual and Reproductive Violence in Conflict and Post-Conflict Settings
The ILA Study Group seeks to contribute to prevention and accountability efforts for sexual and reproductive violence in conflict and post-conflict scenarios. It will work to further the thinking on certain important questions relating to this topic, that are key to implementation on the ground. The aim is to relieve some of the burden on actors in conflict and post-conflict scenarios charged with implementing international law, but with limited time and multiple questions and priorities to address.
The first year of the Study Group will focus upon specifying the scope of the Study Group’s work, mapping the key questions to be answered and specifying these ideas in a work plan. Subject to the mapping exercise, the mandate of the Study Group would then focus on the following: (1) the bodies of international law and protections implicated by sexual and reproductive violence; (2) categorising sexual and reproductive violence within these bodies of law and some of the key legal questions that arise; (3) key considerations to bear in mind in conceptualising, contextualising and investigating the implementation of these provisions and breach during conflict or post conflict: for example, the multiple identities of victims, recognising their agency, the continuum of a gender-based paradigm and what this means for the conflict and post-conflict universe; (4) the importance of procedure, as well as substantive protections, and the “reparative” effect that process can play in a situation of ongoing disempowerment, and therefore the role of a restorative and gender-based focus to the creation of institutions and the investigation and remedy of violations that focuses on the victim; (5) different forms and modalities of reparation to respond to different types of violence, including transformative reparations that consider some of the issues set out in point (2); and (6) gaps in the law and further areas of development and practice. The Study Group will seek stakeholder input before finalising its findings, with the objective of ensuring that the output is of real practical assistance and has impact. Based on the findings of the Study Group, members would also explore the possibility of establishing an ILA Committee.