Fifteen years of advancing accountability for sexual violence in conflict

CO-SPONSORED BY:

The Delegation of the European Union to the United Nations in New York

The United Nations Office on Drugs and Crime (UNODC)

The Counter-Terrorism Committee Executive Directorate (CTED)

The United Nations Team of Experts on the Rule of Law and Sexual Violence in Conflict

STRENGTHENING CRIMINAL JUSTICE RESPONSES TO SEXUAL VIOLENCE IN THE CONTEXT OF TERRORISM: TURNING THE TIDE IN NIGERIA

When: Friday, 25 October 2024, 8.30 am – 09.45 am EDT

Venue: European Union Delegation to the United Nations, 666 3rd Ave, New York, NY 10017

RSVP HERE by 24 October

1. Context

Sexual and gender-based violence (SGBV) is used by terrorist groups to advance their strategic objectives and ideology and as an instrument to increase their power by supporting terrorism financing, recruitment, and destruction of communities. Across its women, peace and security and counterterrorism agendas, the Security Council has called for a number of measures to address the linkages between terrorism, human trafficking and SGBV, from countering the financing of terrorism and advancing criminal justice responses to ensuring victims’ access to support, recognition and redress through a survivor-centred approach. While the links between SGBV and terrorism and their evolving manifestations continue to be documented, accountability for SGBV linked to terrorism remains limited.

Different legal frameworks offer opportunities for investigating, prosecuting, and adjudicating SGBV linked to terrorism. As CTED documented in its report “Towards Meaningful Accountability for Sexual and Gender-Based Violence Linked to Terrorism”, international human rights law, international humanitarian law, international criminal law, as well as anti-trafficking and counter-terrorism frameworks, and the interlinkages between them, can provide legal avenues for pursuing accountability for SGBV in the context of terrorism.

At the same time, the report identifies key challenges impacting accountability efforts for SGBV linked to terrorism. These can range from legal and procedural constraints to narrow investigative and prosecutorial strategies to various barriers affecting victims’ access to justice, effective remedies, and reparations. Against this backdrop, the report also offers an overview of emerging promising practices relating to international cooperation, investigation, and prosecution, and to civil society participation, while noting the importance of an integrated, gender-responsive and victim-centred approach to accountability that extends beyond criminal justice responses.

The European Union’s (EU) approach to condemning and addressing sexual violence in conflict is grounded in its Council Conclusions of 2018 and 2022. The EU reaffirms its strong commitment to preventing and ending sexual and gender-based violence by addressing root causes, strengthening legal frameworks and institutions, enhancing education, improving services for survivors, and supporting women’s rights organizations and civil society organizations. Emphasizing the importance of data collection, policy development, trauma-informed and survivor-centered approaches, the EU underlines the need for access to justice and punishment of all acts of sexual and gender-based violence, including conflict-related sexual violence, especially when used as a tactic of war, torture, terror, or political repression. The EU firmly supports zero tolerance and full accountability through global criminal justice systems, particularly the International Criminal Court, to ensure these crimes and human rights violations are thoroughly investigated. Perpetrators must be brought to justice, and victims must receive access to health, justice, and reparations support services. The EU continues its global efforts by supporting and protecting survivors and holding perpetrators accountable, including through the use of EU restrictive measures to address SGBV, such as the two sets of sanctions adopted in 2023 under the EU Global Human Rights Sanctions Regime.

2. Case study: Nigeria

For over a decade, Nigeria has been combatting the threat posed by the terrorist organization Boko Haram. As of 2023, an estimated 38,255 people have been killed in Borno state since the beginning of the terrorist campaign, and as many as 28,000 more across the rest of Northern Nigeria. More than 2.5 million people have been displaced by the conflict across the Lake Chad Basin region. Of those affected, the Boko Haram crisis has disproportionately impacted women and girls, with nearly two-thirds in the north-east experiencing one or more forms of Sexual and Gender Based Violence (SGBV), including rape, abduction, forced marriage and forced pregnancy. In fact, the extensive use of different forms of sexual violence by Boko Haram, to further its goals as a terrorist organisation, became part of its modus operandi, being strongly condemned by, inter alia, the United Nations Security Council and the African Union. Throughout the years, the UN Secretary-General in his Annual Report on Conflict-Related Sexual Violence has consistently urged Nigerian authorities to prioritize the effective prosecution of crimes of sexual violence, including in counter-terrorism cases. In 2020, the International Criminal Court announced the completion of the preliminary examination, concluding, inter alia, that there was a reasonable basis to believe that Boko Haram committed sexual violence as crimes against humanity.

Multiple initiatives have influenced Nigeria’s efforts to advance a criminal justice response to SGBV that is more comprehensive, timely, and compliant with international human rights standards and the rule of law, as well as to operationalize important legislation and policy tools. Through the provision of tailored training, technical assistance and policy guidance, Nigerian authorities have been supported to integrate gender perspectives into investigations; drive legal innovation to address the absence of SGBV offences linked to terrorism under Nigerian law. In collaboration with Nigerian and international experts, UNODC has also developed a Nigeria Training Module on Gender Dimensions of Criminal Justice Responses to Terrorism to help officials investigate and prosecute SGBV.

The European Union (EU) has been a key partner in these efforts, providing significant funding and support to strengthen Nigeria’s capacity to address SGBV linked to terrorism. Through its longstanding partnership with UNODC and the Nigerian government, in close coordination with the UN Team of Experts and the Wayamo Foundation, the EU has funded specialized training and technical assistance programs aimed at integrating gender perspectives into criminal justice responses. Since 2019, over 500 Nigerian criminal justice actors have been trained with EU support, emphasizing the importance of survivor-centred approaches and compliance with international human rights standards. This support has led to tangible improvements, such as the establishment of specialized SGBV courts with EU assistance, where designated judges are trained and encouraged to adopt a harmonized practice direction, thereby improving access to justice for survivors. Additionally, Sexual Assault Referral Centres (SARCs) have been established, providing immediate medical, legal, and psychosocial support to survivors. The number of SARCs in Nigeria increased from 11 in 10 states in 2017 to 42 covering 21 states (including Borno, Adamawa, and Yobe) by October 2024.

Furthermore, the Department of Public Prosecution (DPP) has established a specialized unit with the objective of advising on, reviewing, and prosecuting terrorism and other complex cases, which has provided ongoing legal expertise to investigators of the Joint Investigation Centre in Giwa Barracks, Maiduguri to advise investigators on what to look out for in terms of evidence to support the prosecution of SGBV.

While many challenges persist in ensuring that counter-terrorism responses are fully human rights and rule of law compliant, the above changes are contributing an emerging cultural shift in the investigation and prosecution of terrorism offences by Nigerian authorities. In 2023, this culminated in Nigerian prosecutors charging a member of Boko Haram for the very first time with committing SGBV as an act of terrorism. Suleiman Garba Mohammed was charged on six counts relating to forced marriage, forced pregnancy, rape, and sexual slavery. He was found guilty and sentenced to forty years imprisonment.

This milestone was achieved with the support of international partners, including the EU, whose funding and advocacy have been instrumental in advancing accountability for SGBV in Nigeria. By prioritizing the prosecution of sexual violence crimes committed by terrorist groups, the EU has helped to send a strong message that such atrocities will not be tolerated and that perpetrators will be held accountable.

This moment represents a significant milestone in international efforts to advance accountability for SGBV through legal innovation, and one which sends a strong message to potential perpetrators that their crimes will not be tolerated. It also recognises the linkages between SGBV and terrorism, with acts of sexual violence viewed as integral to Boko Haram’s operations as a terrorist group.

The Nigerian example is all the more important in light of the continued lack of accountability for sexual and gender-based violence linked to terrorism in the region and globally. Member States struggle to advance holistic, survivor-centred and gender-sensitive responses to these crimes and are often not aware of the opportunities offered by different legal frameworks for investigating, prosecuting, and punishing SGBV linked to terrorism.[1]

3. Objectives and Expected Outcomes

2024 marks the 15-year anniversary of the establishment of the mandate of the Special Representative of the Secretary-General on Sexual Violence in Conflict through the unanimous adoption of Security Council resolution 1888 (2009). This anniversary provides a critical opportunity to take stock of progress and challenges, and to set the stage for the next phase of concerted efforts to, once and for all, consign conflict-related sexual violence to the annals of history. The SRSG is hosting an all-day commemorative event on Wednesday 23 October 2024 at United Nations Headquarters, New York, which will be attended by Member States, and a wide range of international agencies and civil society representatives. Participants have been invited to offer statements highlighting concerns related to conflict-driven trafficking in persons for the purpose of sexual violence and exploitation, and the risks faced particularly by women and girls affected by conflict and terrorism, during flight and in displacement settings, often leading to increased recourse by their communities to negative coping mechanisms, such as early and forced marriage and the withdrawal of women and girls from employment and educational opportunities.

This joint side event will highlight persistent challenges in advancing accountability for SGBV linked to terrorism as well as the importance of pioneering efforts to strengthen judicial responses in this area, including approaches to successfully overcome challenges in the handling of SGBV cases; institutional reforms to improve capacity and expertise, and enhanced inter-agency collaboration to provide a more holistic approach to the investigation and prosecution of SGBV offences.

The objective of the event is to continue awareness raising and advocacy for strengthened responses to SGBV linked to terrorism by highlighting the progress achieved in the Nigerian context, and to encourage other Member States to step up their efforts in ensuring accountability for SGBV linked to terrorism.

4. Proposed Speakers

The event will be co-sponsored by the Delegation of the European Union to the United Nations in New York, UNODC, CTED, and the UN Team of Experts.

The event will feature two keynote presentations by Mr. Matthew Odu Una, Senior Prosecutor, FMoJ of the Federal Government of Nigeria, and Ms. Adejoké Babington-Ashaye, international law expert, who will present on the topic of “Turning the Tide: The Prosecution of SGBV Crimes as a Terrorist Offence in Nigeria.”

The event will also feature contextualizing remarks delivered by EU Ambassador for Gender and Diversity, Stella Ronner-Grubačić, the Under-Secretary-General Pramila Patten, Special Representative of the Secretary-General on Sexual Violence in Conflict; the Executive Director of the Counter-Terrorism Committee Executive Directorate (CTED), Assistant Secretary-General Natalia Gherman who will address the CTED report “Towards Meaningful Accountability for Sexual and Gender-Based Violence Linked to Terrorism”, and CTED’s ongoing dialogue with Member States on strengthening responses to SGBV linked to terrorism; and Delphine Schantz, Director of the UNODC Office in New York, who will discuss UNODC’s ongoing technical assistance work in Nigeria including its forthcoming Nigerian Country Module on Legal Frameworks for the Prosecution of Sexual and Gender-Based Violence Perpetrated by Terrorist Groups.

5. Participants

The event will be moderated by Chloe Marnay-Baszanger, Team Leader of the Team of Experts on Rule of Law and Sexual Violence in Conflict.

The event will begin with high-level opening remarks provided by:

Stella Ronner-Grubačić, EU Ambassador for Gender and Diversity;

Pramila Patten, Under Secretary General, Special Representative of the Secretary-General on Sexual Violence in Conflict;

Natalia Gherman, Assistant Secretary General, Executive Director of the Counter-Terrorism Committee Executive Directorate (CTED);

Delphine Schantz, Director of the UNODC Office in New York.

The high-level opening remarks will be followed by a panel discussion, comprising:

Mr. Matthew Odu Una, Senior Prosecutor, Department of Public Prosecutions, Nigeria;

Ms. Adejoké Babington-Ashaye, International Law expert.

There will then be an opportunity for attendees to ask questions to the panel, before the moderator, Chloe Marnay-Baszanger, Team Leader of the Team of Experts on Rule of Law and Sexual Violence in Conflict, closes the event.

6. Agenda

[1] https://www.un.org/securitycouncil/ctc/sites/www.un.org.securitycouncil.ctc/files/cted_report-_sgbv_linked_to_terrorism_final.pdf