SGBV Archives

16 Days Activism Against GBV Series| Beyond Convictions: Rethinking gender justice through survivors’ lived experiences

By ISS Blog Bliss 2 December 2025 317 views

International criminal law has made remarkable progress in recognizing gender-based crimes, yet conviction rates alone cannot capture the meaning of justice for survivors. In this blog, Abubakar Muhammad Jibril draws on the Gender Justice in International Criminal Law Conference to argue that genuine gender justice must be reimagined through survivors’ lived experiences—centering healing, dignity, and accountability beyond the courtroom.

The limits of legal victories

Over the past two decades, international criminal law (ICL) has evolved to acknowledge sexual and gender-based violence (SGBV) as crimes of the gravest concern. From the landmark Akayesu judgment of the ICTR, which recognized rape as an act of genocide, to the Rome Statute’s explicit listing of sexual slavery, enforced pregnancy and other forms of sexual violence, progress has been undeniable. Yet despite these achievements, the lived experiences of many survivors reveal a different reality. During the Gender Justice in International Criminal Law Conference, several participants echoed a powerful truth: a conviction does not automatically equate to justice. Survivors often remain unseen, unheard and unsupported in the aftermath of trials. Many return to communities where stigma and silence persist, where reparations are delayed and where their suffering is reduced to a footnote in legal history. This paradox between legal recognition and lived reality lies at the heart of why gender justice remains incomplete.

The epistemic gap in International Criminal Law

ICL, by design, privileges evidence, procedure and precedent. It asks: What can be proved? Who can be held responsible? Yet for survivors of gender-based crimes, justice often depends on questions the law cannot fully answer: How can I heal? Who believes me? Will my story change anything? This epistemic gap between legal knowledge and experiential truth reflects a deeper structural limitation. The courtroom, though vital, cannot capture the emotional, social and cultural dimensions of gendered harm. The narratives of survivors are frequently filtered through lawyers, investigators and judges, transformed into ‘admissible evidence’ rather than lived testimonies of pain and resilience. As feminist scholars like Catharine MacKinnon and Fionnuala Ní Aoláin have argued, law can recognize sexual violence without truly listening to survivors. This dissonance risks turning gender justice into a symbolic victory rather than a transformative one.

From criminalization to transformation

At the conference, one speaker remarked that international tribunals have been more successful in criminalizing gender-based crimes than in transforming the conditions that enable them. This distinction is crucial. Criminalization ensures accountability for perpetrators, but transformation demands more: it requires dismantling the patriarchal, cultural and institutional structures that make such crimes possible in the first place. Survivors do not merely seek punishment; they seek recognition, healing and inclusion in rebuilding their societies. For instance, the Trust Fund for Victims under the International Criminal Court (ICC) has provided symbolic reparations, but survivors repeatedly stress the need for collective and community-based remedies, access to education, psychological care, economic empowerment and public acknowledgment. These are not mere add-ons to justice; they are justice itself.

Centring survivors’ voices: towards participatory justice

Reimagining gender justice means shifting from a courtroom-centred model to a survivor-centred one. Survivors must not only testify; they must shape the process. Participatory justice approaches already piloted in certain post-conflict societies offer valuable lessons. In Sierra Leone, Rwanda and Uganda, survivor networks have played pivotal roles in truth-telling and community reconciliation. Their initiatives illustrate that justice becomes meaningful when survivors help define their goals and outcomes. As discussed in several conference panels, integrating psychosocial support, trauma-informed procedures and culturally sensitive reparations into ICL processes could bridge the gap between law and lived experience.

The politics of recognition

Gender justice cannot be disentangled from global hierarchies of power. Many survivors come from the Global South, yet international criminal processes are dominated by Northern institutions and perspectives. This imbalance shapes not only whose stories are heard but also how justice is defined. To move beyond symbolic inclusion, international mechanisms must decolonize their approaches, valuing local knowledges, community healing practices and indigenous forms of accountability. Justice cannot be exported; it must be co-created with those who have suffered most. A decolonial feminist approach to ICL thus requires more than reforming procedure; it demands rethinking the very epistemology of justice from punishment-centred to person-centred, from institutional legitimacy to human dignity.

Reclaiming the meaning of justice

The conference’s closing sessions were marked by a shared realization: while legal frameworks are essential, they are not sufficient. The future of gender justice lies not only in how courts punish crimes but in how societies restore humanity after harm. For survivors, justice is not measured in verdicts but in voices being heard, believed and healed. It is in communities that refuse to silence them, in policies that empower them and in histories that finally honour their truths. International criminal law must therefore evolve from a reactive to a restorative paradigm, one that integrates legal accountability with social repair, trauma healing and long-term prevention. Only then can justice be both legal and lived.

Conclusion

As scholars, practitioners and advocates, we must move beyond celebrating convictions to asking harder questions: Whose justice? For whom? At what cost? The survivors who continue to rebuild their lives after unimaginable violence remind us that justice is not a verdict; it is a process of human restoration. The future of gender justice in international criminal law depends on whether we can truly listen to the people for whom justice was meant to serve.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Abubakar Muhammad Jibril is a legal researcher and LLM candidate specializing in human rights law, with a focus on women’s and children’s rights, gender-based violence and international human rights frameworks. His work integrates comparative legal analysis across diverse jurisdictions, exploring the intersections of law, culture and religion, particularly within Islamic legal traditions. Abubakar’s research aims to promote equitable legal reforms and deepen the scholarly understanding of justice, dignity and protection for vulnerable groups worldwide.

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16 Days Activism Against GBV Series| Pursuing Justice for Survivors of CRSV in Ukraine: Gender and Intersectionality Considerations

By ISS Blog Bliss 27 November 20254 December 2025 482 views

Since the first recognition of conflict-related sexual violence (CRSV) by the International Criminal Tribunal for the former Yugoslavia (ICTY) in its jurisprudence Furundžija) to the recognition of gender as a ground for persecution by the International Criminal Court [para 936], International Criminal Law (ICL) has increasingly addressed CRSV, but there is still a long way to go. Inspired by the ICL Conference on Gender Justice and through the application of a feminist and intersectional lens, Katerina Lefkidou examines current challenges in addressing CRSV in Ukraine.

**Photo by** **Jan Kopřiva** on **Unsplash**

Conflict Related Sexual Violence (CRSV) in Ukraine

As CRSV increasingly calls for accountability mechanisms shaped through converging feminist, intersectional, and survivor-centered approaches, Ukraine appears to be a State that is at least willing to listen. With the adoption of Law 4067-IX in 2025, which provides CRSV survivors with interim reparations, and through the development of new Standard Operating Procedures (SOPs) for the investigation and prosecution of CRSV, some steps are being taken in the right direction. However, a closer look shows that many issues remain unsolved. Since the full-scale invasion in February 2022, 385 CRSV investigations have been opened by the Ukrainian Office of the Prosecutor General, with 21 individuals convicted. Other international actors report higher numbers, which keep rising. However, these 21 convictions (mainly direct perpetrators), are a result of approximately 10 cases, which is quite low considering the reported figures.

Two main situations have been identified where CRSV has been systematically used by Russian forces throughout the conflict: 1) during house searches or forced visits carried out in occupied areas, and 2) as a form of torture against individuals detained, both civilians and prisoners of war (POWs), in “filtration points” and official/unofficial detention facilities. In the first case, most victims are women and girls; in the latter, the majority of survivors have been men [para 47]. Nevertheless, only cases of CRSV concerning women and girls have reached decisions in criminal proceedings. CRSV has been especially prevalent against Ukrainian POWs; 119 out of the 169 interviewed by the United Nations Human Rights Monitoring Mission in Ukraine reported having experienced CRSV [para 30].

Challenges in reporting CRSV in Ukraine and gender roles

According to the International Independent Commission of Inquiry on Ukraine, CRSV is under-reported in the conflict, and survivors are reluctant to speak out due to gender stereotypes, religious and family considerations, and stigma, especially in rural areas [para 630]. Incidents have been reported where survivors were treated disrespectfully by authorities and then consequently withdrew their complaints [para 93]. The recently launched platform “Було так” (“It Happened This Way”) created by Ukrainian Women Lawyers Association “JurFem” for survivors to share their experiences, particularly with law enforcement, also indicates the urgency of this problem. Further, survivors have even fled their home or even the country due to fear of stigma and blame from close ones and broader society, or reprisals from the Russian authorities. Additional obstacles include the harmful re-enforcement of gender stereotypes and stigma in CRSV media coverage [paras 630-636].

Bias shaped through gender roles—such as the culture of victim blaming, which especially affects women—has emerged in various examples. In Bucha, a woman who was raped by Russian soldiers to prevent the rape of her 13-year old daughter, later faced stigmatization and was even investigated for collaboration with the Russian forces. The gender paradigm shapes the stigma for male survivors, too. As reported by the All Survivors Project, Ukrainian culture often depicts men as defenders and fighters. Acts of CRSV challenge this sense of masculinity, making men less likely to disclose their trauma for fear it will be perceived as a sign of “weakness,” incompatible with traditional gender expectations. According to the Commission of Inquiry, men are more inclined to report torture without the sexual aspects [para 632]. Gender stereotypes also influence investigators, who frequently do not ask questions about potential CRSV when interviewing male victims of violence. Social perception of sexual identity is also relevant. The Russian Federation has exploited the cultural prejudice against LGBTQI+ people by actively seeking out LGBTQI+ people as targets of CRSV, and by systematically employing CRSV against non LGBTQI+ males. Consequently, male survivors of CRSV are branded as “weak” and “unnatural”, not in line with the role of “strong, straight, cisgender male.”

Intersectional dimension of CRSV

As long established by feminist theory, sexual violence is not an expression of sexual desire, but a means of conveying dominance, relying on the enforcement of rigidly defined gender roles. Furthermore, it is rooted in structural inequalities, and gender is not the only relevant variable. Socioeconomic status, for example, plays a key role in the commission, reporting, investigation, prosecution, and outcome of CRSV cases. Engagement with accountability mechanisms is only possible if basic needs of survivors are covered [para 634]. Poverty enhances vulnerability; survivors have often endured CRSV as a means for survival and may not even be able to identify that what has happened to them may qualify as CRSV. An example presents the experience of a woman in Kherson province, who, during the Russian occupation, moved in with a man for safety and protection. He instead exploited her and ultimately facilitated her rape by Russian soldiers.

Conclusion

A clear understanding of how gender norms, and other underlying factors of discrimination are manifested in Ukrainian society is paramount in order to fully address CRSV perpetrated in Ukraine. As reiterated throughout the conference, advancing gender justice requires holistic policy reforms that go beyond supporting domestic justice and include education and awareness efforts around gender bias aimed at collective societal change. Further, many survivors still require support to come forward and, ultimately, seek justice. It is vital that Ukraine continues its efforts in this area to pursue accountability for the full scope of CRSV crimes resulting from the Russian occupation and the ongoing armed conflict.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Katerina Lefkidou holds an LL.M. in International Human Rights Law from the University of Groningen. Her research interests include themes such as gender justice, equality and reproductive rights. She is a qualified lawyer, registered with the Athens Bar Association.

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