Opinion – Administrative Reparations for Victims of Conflict-Related Sexual Violence in Ukraine

Amid the multitude of crimes committed in Ukraine since 2014, conflict-related sexual violence (CRSV) has emerged as a persisting and significant concern, affecting mainly women and girls aged from 4 years old to 80 years old. A recent OHCHR report notably documented how Russian soldiers raped and committed sexual violence against women, acting with impunity in occupied territories. In several cases, Ukrainian authorities were also accused of acts of sexual violence. Those crimes are taking different forms, ranging from gang rape to coercion to watch an act of sexual violence committed against a family member or a relative. Sexual violence is also used against men and women in detention and qualified by the OHCHR to amount to a “form of torture or ill-treatment”. As it was indicated by the TPIY (Tadic Case), rape is considered as a grave form of torture. Other forms of sexual violence, such as forced nudity can be considered as inhuman or degrading treatment. Considering the prevailing international legislation, acts of CRSV reported in Ukraine since 2014 constitute crimes under international law. UN Security Council Resolution 1820 notably acknowledged in 2018 that rape and other forms of sexual violence are considered as a war crime, aligning...