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10 Using the OTP’s Experience with Sexual Violence Prosecutions as a Springboard for Building National Capacity

Serge Brammertz, Michelle Jarvis, Lada Šoljan

From: Prosecuting Conflict-Related Sexual Violence at the ICTY

Edited By: Baron Serge Brammertz, Michelle Jarvis

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 18 October 2021

Right to fair trial — Rape and sexual violence — Armed conflict

This chapter focuses on the increasingly important topic of building national capacity for sexual violence prosecutions, as transferring information and expertise to assist with the multitude of conflict-related sexual violence cases pending in countries of the former Yugoslavia would be a key step in the mandate completion of the Office of the Prosecutor (OTP). With that in mind, this chapter identifies some of the difficulties arising in national systems in prosecuting conflict-related sexual violence, tracks the OTP’s national capacity building efforts from earliest initiatives, and examines OTP strategies for transferring expertise and information from international to national level. Furthermore, this chapter considers the scope for ICTY procedural and substantive case law concerning sexual violence crimes to help strengthen national legislative and other legal frameworks, and the manner in which the OTP’s experience with conflict-related sexual violence crimes is helping to build national capacity for prosecutions around the world.

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