DOCUMENTING HUMAN RIGHTS VIOLATIONS AND FACILITATING DIALOGUE: English Version Handouts

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This material is adapted from Sexual Violence and Exploitation Institute for International Criminal Investigations, 2004 This material is drawn in part from Sexual Violence and Exploitation, Institute for International Criminal Investigations, 2004

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This material is drawn in part from Sexual Violence and Exploitation, Institute for International Criminal Investigations, 2004 Informal communication between Patricia Sellers, Gender Legal Advisor, ICTY and the Women’s Initiatives for Gender Justice, 2004

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Article 68(1) The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial; (2) As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.

Rule 88 provides that a Chamber may, taking into account the views of the victim or witness, order special measures such as, but not limited to, measures to facilitate the testimony of a traumatised victim or witness, a child, an elderly person or a victim of sexual violence, pursuant to article 68, paragraphs 1 and 2.

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Some material in this section is drawn generally from: Adapted from Callamard, A., Sexual Violence Documenting Human Rights Violations by State Agents, Amnesty International Publications and the International Centre for Human Rights and Democratic Development, 1999; Sexual Violence and Exploitation, Institute of International Criminal Investigations, 2004.

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Rule 70(c) of the of the Rome Statute Rules of Procedure and Evidence provides that in cases of sexual violence the Court shall be guided by and, where appropriate, apply the following principles: (a) consent cannot be inferred by reason of any words or conduct of a victim where force, threat of force, coercion or taking advantage of a coercive environment undermined the victim’s ability to give voluntary and genuine consent; (b) consent cannot be inferred by reason of any words or conduct of a victim where the victim is incapable of giving genuine consent; (c) consent cannot be inferred by reason of the silence of, or lack of resistance by, a victim to the alleged sexual violence; (d) credibility, character or predisposition to sexual availability of a victim or witness cannot be inferred by reason of the sexual nature of the prior or subsequent conduct of a victim or witness.

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Information about the initiative can be found at http://www.everycasualty.org/

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http://www.branitelji.hr , last accessed on August 23, 2012 Nataťa Kandić in an interview for Vijesti.ba (http://www.vijesti.ba/vijesti/bih/124065-Koliko-zrtava-prognanih-jugoratovima.html), last accessed on January 12, 2013 11

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The elements of division, set forth in a research conducted by the organization Oxford Research Group on the main practices of documenting in the world, have been partially used here and adjusted by the author.

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Humanitarian Law Centre Belgrade; Humanitarian Law Centre Prishtina; Research-Documentation Centre Sarajevo

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