Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 87
aggressive soldiers after a conflict, may also result in increased
violence against women and girls. When a peace agreement
has been reached and the conflict brought to an end, women
often face an escalation in certain gender-based violence,
including domestic violence, rape, and trafficking into forced
prostitution. The correlation between domestic violence and
violence during war has concerned many scholars and activists
in conflict-ridden areas. […] Unfortunately many of the peace
agreements and the processes of reconstruction after the
conflict do not take note of these considerations.” 220
After armed conflict, during reconstruction, there may be a
moment of change and flux where reform of laws and practices
is possible. This is an important moment to deal with crimes
affecting women. The CEDAW Committee has in this context
recommended that, where sexual violence occurs in conflict or
post conflict situations, efforts should be made to address the
discriminations that existed prior to the conflict, emphasizing
that States parties should “mandate institutional reforms,
repeal discriminatory legislation and enact legislation providing
for adequate sanctions in accordance with international human
rights standards [and d]etermine reparation measures in close
participation with women’s organizations and civil society”. 221
It is important to reform laws and practices relating to more
than just sexual violence. Many other crimes of violence
against women are not, by definition, sexual but are still crimes
under international law, for example, killings of civilians,
torture and ill-treatment and enforced disappearances.
In order to address women’s experiences in a holistic way,
impunity should not be permitted for crimes against women in
conflict. The CEDAW Committee has therefore called on States
to ensure that those responsible for gender-based violence in
conflict are held accountable; that amnesties for human rights
220
Special Rapporteur on violence against women, its causes and
consequences, UN Doc E/CN.4/2001/73 (2001).
221
CEDAW General Recommendation No 33, above note 122,
paragraph 19(e).