In the Absence of a Tribunal, Can UN Investigative Mechanisms Ensure Justice for Victims of Rape as a Weapon of War?

Abstract

This article explores the evolution of UN fact-finding mechanisms as a method of pursuing legal accountability for violations of international criminal and human rights law, specifically sexual and gender-based violence and violations of sexual and reproductive health rights in conflict situations. The article argues that, in order to effectively contribute to the task of securing individual accountability for violations of international criminal law, while also pursuing political accountability for mass abuse of human rights, the UN system of fact-finding mechanisms must be reformed. The mandates of Commissions of Inquiry must be stripped back to their core function of investigating human rights abuse, while Novel Investigative Mechanisms take over the individual criminal responsibility mandate. Until both these functions are given separate and adequate attention by properly resourced fact-finding mechanisms, victims of abuse such as sexual and gender-based violence and violation of sexual and reproductive health rights in countries without recourse to international courts will be denied justice and recognition through UN channels.