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1. Reflections on Victim-Centered Accountability in Ukraine

Author:
Kelli Muddell and Anna Myriam Roccatello
Publication Date:
02-2023
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Since Russian invaded Ukraine in late February 2022, the world has witnessed innumerable war crimes and other human rights violations, including indiscriminate attacks against civilians, summary executions, torture and ill-treatment, sexual and gender-based violence (SGBV), unlawful detentions, and forced deportation. In response, officials in Ukraine and members of the international community have launched multiple—and unprecedently expansive—efforts to investigate and prosecute these atrocities. Most, however, narrowly focus on criminal prosecution and often overlook the immediate needs and perspectives of victims. This paper examines the various actions that have been taken or are under consideration to investigate and prosecute war crimes and other human rights violations in Ukraine. It explores the myriad challenges they face and how tools from the field of transitional justice can be applied in tandem to deliver justice and reparation to victims and lay the foundation for a more inclusive and democratic Ukraine. The paper makes the case that criminal accountability is but one dimension of justice. For Ukrainians most acutely affected by the war, such as victims of torture and SGBV, as well as broad sectors of the civilian population whose lives have been upended and who now find themselves in desperate need, justice in fact entails a number of remedies including humanitarian assistance based on acknowledgment and repair. The authors further argue that the ongoing initiatives to investigate crimes committed in the war offer an opportunity. Specifically, the vast amount of documentation that government, civil society, and international actors have been gathering for use as evidence in criminal proceedings can be harnessed to advance other justice-related objectives. For instance, this information could serve a truth-seeking process that aims to establish a victim-centered historical record of the war and could inform the design of a more coordinated and forward-looking assistance program, including a much-needed reparations program.
Topic:
Reform, Criminal Justice, Accountability, Institutions, Peace, Justice, Reparations, Gender, Truth and Reconciliation, and Russia-Ukraine War
Political Geography:
Europe and Ukraine

2. When No One Calls It Rape: Addressing Sexual Violence Against Men and Boys

Author:
Amrita Kapur and Kelli Muddell
Publication Date:
12-2016
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
There is no doubt that the scope of the problem for male victims is large. The World Health Organization has identified sexual violence against men and boys as a significant problem that has been largely ignored by nongovernmental organizations, health care providers, government agencies, criminal justice authorities, and others. The violations can take many forms, including rape, gang rape, sexual slavery, enforced nudity, and being forced to perform sexual acts with others. Very commonly, sexual violence against men is committed in situations of detention. Studies have shown this pattern in contexts such as Chile, El Salvador, Libya, Sri Lanka, Syria, the United States, and the former Yugoslavia. Transitional justice mechanisms—including truth commissions, reparations programs, and criminal trials—are well placed to begin tackling some of these issues as part of efforts to address legacies of violence. Yet, although the problem has been addressed by some transitional justice efforts in certain countries, there is still wide variation and inconsistency in terms of the responses to these violations and attempts to involve male victims of sexual violence in these processes. The risk that male victims will remain invisible and left out of responses to sexual violence is significant, unless their rights and concerns are given a specific focus comparable to that now increasingly given to female victims. A number of factors contribute to the generally lackluster response by both state and nonstate actors involved in implementing transitional justice processes. One is the tendency to conflate sexual violence with violence against women and girls, which contributes to the perception that it is a women’s issue, thus limiting the responses available to victims falling outside of this group, including men and boys. This means that male victims’ experiences of sexual violence continue to be underreported, misunderstood, and mischaracterized in transitional justice processes. Another issue is under-reporting, which is particularly relevant for truth commissions as the statements they receive from victims not only inform their final reports, but also typically contribute to the creation of victim registries and the design of reparations programs, and even prosecutions. In many cases, male victims are reluctant to acknowledge the sexual nature of the violations committed against them. This can happen in order to avoid the social stigma attached to such acts or due to the fear of being perceived as weak, labeled homosexual, or being accused of having “wanted it.” Even in instances where men report acts of sexual violence, those receiving the reports rarely handle the report with the sensitivity and awareness they require. Medical practitioners, for example, may not be adequately trained to recognize, identify, or treat male victims or they may themselves accuse male victims of homosexuality or otherwise perpetuate social misconceptions about these crimes.
Topic:
Criminal Justice, Sexual Violence, Men, Reparations, Gender, Truth and Reconciliation, and Boys
Political Geography:
Africa, Europe, Middle East, Asia, South America, North Africa, and North America