Addressing the nexus between conflict-related sexual violence and terrorism: Challenges and perspectives of accountability at the national and suprana

'The research seeks to answer the primary research question: What is the best option to prosecute conflict-related sexual violence (CRSV) employed by terrorist groups? Key questions include: What are the current legislative and prosecutorial barriers in addressing the nexus between sexual violence and terrorism? How can these limitations be overcome? How do victims perceive judicial mechanisms to address these crimes? Which institution can better promote a survivor-centric prosecutorial approach and change the assumption of victims considered as affiliates?

The research is of actual concern and importance to the international community. In 2021, the UN Secretary-General highlighted that the vast majority of perpetrators of CRSV are non-State armed groups, including several terrorist organisations. Extremist groups systematically employ sexual violence as a deliberate tactic to increase funds, advance ideology, recruit fighters, gain information, destroy and displace communities.

Nevertheless, the recent focus on sexual terrorism has not resulted in improved prosecution rates. No sexual violence crimes committed by terrorist organisations have been prosecuted under domestic counter-terrorism legislation to date. Members of terrorist groups are usually prosecuted with broad charges -i.e., membership or association to the group. National and international prosecutions of CRSV do not normally consider crimes committed by terrorist organisations. Victims tend to underreport crimes due to insecurity, fear of reprisals and stigma arising from being associated with the terrorist group. Hence, a significant gap exists in ensuring accountability for victims of sexual violence in the context of terrorism.

The project will consist of a mixed-method interdisciplinary study of a socio-legal nature. It will consider terrorist groups operating in different cultural, ideological and geographical contexts in East and West Africa and suspected of committing CRSV. To show how sexual violence operates as a deliberate strategy of terrorist groups, the different trends and patterns of CRSV in terrorist contexts - and the justifications behind it - will be captured. The study will aggregate multiple incidents sharing common features (characteristics of perpetrators, targeted victims, geographical and chronological references, modus operandi).

A comparative methodology considering African countries as specific case studies (e.g., Nigeria, Somalia, Mali) will be employed, to analyse national counter-terrorism legislation, charges currently imposed on alleged terrorists and prosecutorial strategies.

Empirical data will be gathered through semi-structured interviews and focus groups. This will provide actual and valuable insight into the current challenges in investigating and prosecuting CRSV and terrorism as stand-alone crimes and, even more, when these crimes are interlinked.

The empirical findings obtained through interviews and focus groups will lay the basis to identify the best judicial framework, approach and evidentiary rules. This will allow overcoming current legislative and prosecutorial limitations and addressing the interplay between the CRSV and terrorism. Through several key questions, the study will examine all possible options for justice at the domestic and international levels. It will explore whether national counter-terrorism legislation might operate as an adequate instrument. Focusing on the supranational system, the study will determine whether the current framework of the Rome Statute can provide an adequate avenue to adjudicate these interconnected crimes or whether the time is ripe to introduce a stand-alone crime of terrorism. It will also consider the possibility of enacting a new suppression convention or establishing a special court of terrorism.