“Author: Oleksandra Gorchynska How many cases of sexual violence committed during a full-scale war have been recorded in Ukraine, who exactly can claim reparations for victims and why this concept includes not only monetary payments. A crime containing elements of genocide On October 22, 2024, the President of Ukraine, Volodymyr Zelenskyi, in connection with the ratification of the Rome Statute, signed the law on amendments to the Criminal and Criminal Procedure Codes of Ukraine. Henceforth the Criminal Code”, — write on: ua.news
How many cases of sexual violence committed during a full-scale war have been recorded in Ukraine, who exactly can claim reparations for victims and why this concept includes not only monetary payments.
A crime containing elements of genocide
On October 22, 2024, the President of Ukraine, Volodymyr Zelenskyi, in connection with the ratification of the Rome Statute, signed the law on amendments to the Criminal and Criminal Procedure Codes of Ukraine. From now on, the Criminal Code is supplemented with a new article that establishes criminal liability for crimes against humanity. The CCU also includes the concept of command responsibility – thus, commanders will be responsible for the war crimes of their subordinates, even if they did not commit them personally, but knew about them and did not react to it.
The Rome Statute — an international treaty established by the International Criminal Court — was signed by Ukraine on January 20, 2000, but ratified only on August 24, 2024. It was on this day that President Zelenskyi signed the relevant draft law. The Rome Statute defines the procedure of the court, as well as what crimes fall under its jurisdiction, and its ratification was one of the requirements for Ukraine as a candidate country for joining the European Union.
“Ukraine is now in a situation where the ratification of the Rome Statute is a very important step. Because, unfortunately, in the conditions of a full-scale war, we are faced with such war crimes, crimes against humanity. Among other things, amendments to Art. 442 on such a crime as genocide — acts that are intentionally or partially aimed at the destruction of a national, ethnic, racial or religious group,” lawyer and advocate Maryna Legenka, vice-president of the NGO La Strada-Ukraine, explains in a comment to NV.
One of the war crimes that may contain certain elements of genocide is conflict-related sexual violenceor SNPK, she adds. This concept covers not only rape as such: it also includes crimes such as genital mutilation and other actions with genitals, forced nudity, forced prostitution, forced sterilization or forced pregnancy, sexual slavery, etc.
“Sexual violence is related to conflict — it is a method of waging war. It is based not on obtaining sexual pleasure, but on attempts at pressure and intimidation. It can contain elements of genocide, because it can be accompanied by phrases like: “so that people like you do not breed” or something like that. That is why SNPK is not about gender. Both women and men can be equally affected by it,” Maryna Legenka emphasizes.
Since the beginning of the full-scale war in February 2022, the La Strada Ukraine hotline, which focuses on combating gender-based and domestic violence, as well as sexual violence as a war crime, has received 102 appeals directly related to the SNPK. Among them are 71 women, about 10 men of average age of 30-35 years. And also – 21 minors, including 13 girls and 2 boys, the rest – children of preschool age, who could also be witnesses of violence committed against their mothers, the organization says. There have also been recorded cases of SNPK related to older people — for example, it is known about affected women aged 65 and 71.
At the same time, data from the Office of the Prosecutor General in Ukraine indicate that as of October 1, 2024, 321 cases of war-related sexual violence were recorded in Ukraine, including 115 cases of violence committed against men and 206 against women.
In reality, such cases are much more, explains Maryna Legenka. Not all victims apply to law enforcement agencies with statements or to hotlines, identifying themselves. Another reason why there are no clear statistics is the lack of access to the occupied territories.
“Despite the fact that the war in Ukraine has been going on for ten years, and sexual violence related to it did not appear here and now, during these ten years only its isolated cases were recorded. We supposedly already had an understanding of what it was, but we were not ready for such a scale, says Maryna Legenka. “Now we see that Rescue Centers have started their work, public organizations have actively developed work on the topic of SNPK, hotlines are working for victims, and the National Police, Prosecutor’s Office and judiciary have the opportunity to undergo specialized training on SNPK work.”
In order to improve the system of support for victims of war-related sexual violence, the profile project Let’s Stand Together was implemented in cooperation with La Strada Ukraine, the Ukrainian Women’s Fund and the Association of Women Lawyers JurFem. Its target audience was judges, police officers, representatives of the public sector, lawyers, and other service providers for victims of SNPK.
“Or maybe you yourself flirted with the occupiers”
“We received the largest number of appeals during the period of deoccupation of certain regions — the territories of Kyiv region, Chernihiv region, Sumy region, and Kharkiv region. After that, the number of appeals regarding SNPK decreased a lot. I cannot say that this is only due to the fact that the territories are not being liberated so actively now. A lot depends on the willingness of the people themselves to report this situation,” says Alyona Kryvulyak, director of the Department of National Hotlines and Social Assistance of La Strada Ukraine.
War crimes are characterized by the fact that, unlike other types of crimes, they do not have a statute of limitations. That is, victims can identify themselves and report violence at any time, even decades later. Marina Legenka cites as an example Croatia, which was at war in 1991-1995, but the victims of such war crimes as SNPK continue to come out of the shadows and declare themselves even now, decades later.
“In Ukraine, people can live with this experience for two, two and a half years, and about during this time, they are trying to cope with their trauma on their own. Someone may think: I will go abroad and forget about it, or I will load myself with work. But the trauma does not go anywhere, a person constantly returns to these events. And at some point, she feels that she is ready to declare it,” says Alyona Kryvulyak.
Thus, one of the most common requests received at the hotline is a request for psychological help – the victims understand that they are not able to cope with the trauma on their own. The same applies to those who witnessed war-related sexual violence: a mother who watched her child being raped is as traumatized as a woman who survived a gang-rape by the occupiers, or a soldier who who was forced to expose herself in captivity, the expert emphasizes. Therefore, sexual violence is a traumatic event, regardless of what actions were taken against the person.
Residents of small towns who have survived conflict-related sexual violence and remain in their settlements after the de-occupation often prefer anonymity and confidentiality. The reason for this can be, for example, fear of judgment from others.
“Unfortunately, due to the various gender stereotypes that have become deeply rooted in our society, victims may hear phrases like: “Why did this happen to you, but not to me? We live next door. Maybe you flirted with the occupiers yourself,” Alyona Kryvulyak gives an example. Due to the harassment of fellow villagers, even those who were ready to stay in their hometowns and villages, rebuild their homes and restore businesses, may be forced to make a decision to leave, unable to withstand the pressure.
The sense of security may be absent for other reasons, for example, due to the fear of re-occupation of homes. It also affects reluctance to testify about war crimes. Another reason why people may not seek help and do not identify themselves as victims is a lack of understanding of the very definition of SNPK and what exactly is included in it, adds NV’s interlocutor:
“For example, let’s take the component that deals with forced exposure. There are quite a large number of people who have returned from captivity, both civilians and servicemen who faced forced nudity in captivity. This crime is indeed sexual violence committed in wartime. But often such people can remain as if “overboard” receiving assistance even after returning. This can also apply to those who have witnessed sexual violence against others – they are also victims of SNPK.”
Identifying and recording such crimes as war-related sexual violence is a process that can last for many years, La Strada Ukraine notes.
What is reparations and why is it important?
One of the main tasks of both the state and the public sector today is to inform society about the issue of war crimes, in particular, the SNPK, as well as to provide multifaceted assistance to the victims, experts note. These include psychological, legal, and medical assistance, and reparations, the state system of providing which in Ukraine today is only being formed at the level of specialized legislation.
On June 19, 2024, the Verkhovna Rada adopted as a basis draft law No. 10132 On the status of victims of sexual violence related to the armed aggression of the Russian Federation against Ukraine, and urgent interim reparations. Now this document, which proposes to enshrine at the legislative level the procedure for providing victims and their families with urgent interim reparations, is awaiting consideration in the second reading.
It was preceded by a pilot project on the payment of interim reparations, which was financed Global Survivors Fund with the assistance of the office of the Deputy Prime Minister for European and Euro-Atlantic Integration Olga Stefanishyna. According to Alyona Kryvulyak, the publicity surrounding the pilot project partially influenced the number of appeals from victims:
“We can say that we have had an increase in the number of appeals related to SNPK, in particular during August-September 2024, when an active information campaign began about the fact that people affected by SNPK have the right to receive financial and other types of assistance. But I wouldn’t say that it became some kind of “boom”. However, the idea that the material component strongly motivates people to declare themselves is wrong. People are not sufficiently explained to whom these types of assistance will be available. And here we return to what was discussed above – which crimes are included in the definition of the SNPK, and why sexual violence is not only about rape.”
The pilot project for the provision of interim reparations is designed for 500 participants — victims of SNPK, who can submit an appropriate application and receive cash payments in the amount of 3,000 euros, says Maryna Legenka. Despite this, the very concept of reparations as such includes not only material compensation. In general, the system of international law distinguishes five types of reparations: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. And receiving a cash payment of 3,000 euros by a person should not mean that in the future he will not be able to apply for other forms of support and assistance.
“Satisfaction is about recognition by both society and the state of the damage suffered by the victims. Guarantees of non-repetition are a difficult thing, which is very problematic today, because Ukraine cannot guarantee it, because it does not depend on us. But, at the same time, when we talk about guarantees of non-repetition, the state must take various measures on its part that will reduce the likelihood of such events happening again. Among other things, reparation is rehabilitation, and it can be both medical and psychological, it can relate to the acquisition of new educational skills, professional development, etc.,” explains Maryna Legenka the difference between types of reparations.
Government Commissioner for Gender Policy Kateryna Levchenko — on the recording and investigation of war-related sexual crimes
As for such a form as restitution, here we are talking about the maximum restoration of the standard of living, the situation in which a person was before a war crime was committed against him. For example, restore documents, destroyed housing or lost property, as well as restoration of the infrastructure of damaged cities, etc.
Olena Maslova, the representative of the Dr. Denis Mukwege Foundation in Ukraine, also talks about the peculiarities of providing reparations. This international human rights organization deals with the topic of sexual violence committed during war in different countries of the world.
“When providing reparations, both intermediate and full, the damage caused is not assessed. Reparations, including compensations, are granted for the very fact of gross violations of human rights. Therefore, reparations programs differ from criminal and judicial proceedings, and the level of evidence base in such programs is much lower,” says Olena Maslova.
The above-mentioned draft law No. 10132 introduces into Ukrainian legislation such a concept as SNPK — as of today, it is absent there, which is why criminal cases based on the fact of sexual violence committed during the war in Ukraine are opened under Article 438 of the Criminal Code of Ukraine — Violations of the Laws and Customs of War. In addition, the draft law outlines the categories of persons who fall under the definition of victims of SNPK, and who have the right to legal and social protection and the provision of intermediate immediate reparations, in particular, to monetary assistance.
Olena Maslova describes how the mechanism for providing such assistance will look like: a special commission will be created at the central level – that is, on the basis of one of the ministries – which will consider the applications of the affected persons and make a decision on recognizing their right to receive assistance. The draft law itself is rather framework, and therefore the specific tools for its implementation will be developed additionally by relevant resolutions of the Cabinet of Ministers of Ukraine already after the adoption of the law.
According to the expert, this draft law is very important from the point of view of the state’s recognition of the fact of violation of the rights of persons affected by SNPK, as well as the recognition of their right to receive immediate interim reparations and necessary assistance. If the law is adopted, in the future it may become the basis for creating in Ukraine a system of assistance and protection to victims of other human rights violations related to Russia’s aggression against Ukraine, in particular, to victims of torture and other types of violence.
“That is, in addition to providing access to urgent interim reparations for victims of the SNPK, the draft law can become a model for the development of a national reparations program for other victims of Russian armed aggression against Ukraine,” emphasizes Olga Maslova. — And also — will ensure the sustainability of the urgent interim reparations program as the next step after the implementation of the pilot project.”