1. International Protocol
Module 1
Using the
International Protocol
INTERNATIONAL PROTOCOL
PART I – USING THE INTERNATIONAL PROTOCOL
PAGES 10-15
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2018

2. Session objectives
Explain what the International Protocol is and how it can be used
Recognise the purpose and importance of the Protocol as a practical tool
Define certain terms and concepts which apply to all modules
Training Materials on the International Protocol ©Institute for International Criminal Investigations 2018

3. ©Institute for International Criminal Investigations 2018
General observations
Sexual violence is or can be a very difficult or emotive topic, especially if you have been a victim yourself – this training aims to deal with it in the most sensitive manner
This is a safe space. We all must keep it that way, including in the way that we talk about it and how we talk to/with one another. That said, if, at any time, you do not feel comfortable with the subject or the way it is being addressed, please say so (here or in private) – you may also leave the room if needed (but let me or colleagues know so we can discuss or assist)
This training focuses on sexual violence perpetrated in situations of conflict and other situations of mass atrocities
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4. Group rules To be respected both by participants and facilitators:
Punctuality
Attendance of all sessions
Mobile phones and other devices
Respect - one person speaks at a time
Questions
Unpopular opinions – to be freely expressed so we can all learn from these
References to individual cases - be mindful to keep confidential the identity of the victim and his/her family
Etc.
Training Materials on the International Protocol
©Institute for International Criminal Investigations 2018

5. What is the International Protocol?
Best practice guidelines for the documentation or investigation of Conflict and Atrocity-Related Sexual Violence (CARSV)
It is intended as a practical guide to contribute to greater accountability for sexual violence crimes or violations
The Protocol is not a document with legal authority and it is not binding on States
Training Materials on the International Protocol ©Institute for International Criminal Investigations 2018

6. What is the International Protocol?
Parts I and II (Modules 1-2) explain how to use the Protocol and provide an overview of CARSV and its impact on victims
Part III (Modules 3-6) deals with sexual violence as a crime or violation of international law, incl. an overview of accountability avenues and principles of reparation
Parts IV and V (Modules 7-13) cover key concepts and practical documentation skills, including “Do No Harm”, planning, mitigating risks, interviewing and dealing with different types of evidence
Training Materials on the International Protocol ©Institute for International Criminal Investigations 2018

7. What is the International Protocol?
Part VI (Module 14) suggests ways to analyse information to strengthen evidence and identify patterns
Part VII (Modules 15-17) covers cross-cutting issues such as trauma, sexual violence against male victims, and children as victims and witnesses
Part VIII (Module 18) outlines key considerations when reporting, submitting or using CARSV information
The Annexes contain some practical tools, forms and checklists
Training Materials on the International Protocol ©Institute for International Criminal Investigations 2018

8. What is the purpose of the Protocol?
Increasing accountability
Not just criminal prosecutions
Civil claims, human rights litigation, reparations
Post-conflict justice mechanisms
Advocacy, awareness, public campaigning
Improving standards
More investigation and documentation of sexual violence
Higher standard of evidence/information collected
Better understanding of international legal requirements
Practical guidance
Relevant investigation/ documentation skills
Planning and methodology
Safe and effective interview skills
Evidence/ information management
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9. Why is it important?
To prevent impunity, which requires sexual violence to be prioritised, understood and properly documented – it is too often ignored or overlooked
To ensure that practitioners document CARSV safely and effectively
To improve standards leading to better responses to survivors and stronger information/evidence
To promote accountability, access to justice for victims and effective advocacy
Training Materials on the International Protocol ©Institute for International Criminal Investigations 2018

10. Who can use the Protocol?
ANYONE WHO IS DOCUMENTING SEXUAL VIOLENCE
FOR ACCOUNTABILITY PURPOSES
NGOs & civil society groups
National authorities
Judicial officers
International investigators
Human rights monitors
Humanitarian organisations
Journalists/ investigative reporters
Advocacy & survivor groups
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11. How to use the Protocol?
As a practical guide for fundamental documentation skills
To better understand the legal elements of international crimes & violations
As an overview of best practice documentation standards
To highlight the impact and challenges of CARSV
As a guide to appropriate responses to victims/witnesses
To collect stronger evidence to promote accountability
As a legal gaps analysis tool for advocacy purposes
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12. Limitations of the Protocol
Responding to CARSV requires a strong multi-sectoral approach and coordination between support services
The Protocol is not intended to be a rulebook or to impose universal standards for investigation/documentation
Each jurisdiction will have its own specific legal definitions, cultural challenges and procedural/evidentiary requirements
THE PRINCIPLES IN THE PROTOCOL MUST BE ADAPTED TO THE REQUIREMENTS OF YOUR OWN CONTEXT
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13. Terminology SEXUAL VIOLENCE & GENDER-BASED VIOLENCE
Difference is explained in greater detail in Module 2 – Understanding Sexual Violence
Same investigation/documentation principles are relevant to both
CONFLICT AND ATROCITY-RELATED SEXUAL VIOLENCE
Can occur as part of an armed conflict or widespread human rights abuses, not only in wartime
Can amount to a war crime, crime against humanity, genocide or other violation of international law
Training Materials on the International Protocol
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14. ©Institute for International Criminal Investigations 2018
Terminology
INVESTIGATION/
DOCUMENTATION
Investigation usually involves a search for facts & evidence to make findings about responsibility
Documentation is the collection of relevant, reliable information to describe events
Protocol uses the term “documentation” regardless of the practitioner’s role and “official investigation” for efforts by manded justice actors
SURVIVORS/VICTIMS
Many people affected by sexual violence prefer to see themselves as survivors, not victims
Survivors can also be victims and witnesses in a legal sense
Protocol predominantly refers to “victims” - term also encompasses the direct victim’s family/ community, and those who did not survive the sexual violence
Documentation vs. investigation: International Protocol Chapter 1, Box 1
Survivors vs. victims: International Protocol Chapter 2, Box 2
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