Michelle Jarvis has worked in international criminal justice for over 22 years, most recently as Deputy Prosecutor at the ICTY and the IRMCT . She was appointed to the latter role in December 2017 after ICTY completed its work.

Ms. Jarvis has dedicated herself to a large-scale legacy project related to the persecution of conflict-related sexual violence, which included co-authoring two books and numerous articles on the subject.

Prosecuting Conflict-Related Sexual Violence at the ICTY, co-authored with Serge Brammertz, presents the legacy and experience gained by the ICTY Prosecutor’s Office in prosecuting sexual violence at the ICTY, with the aim that the lessons learnt over two decades at the Tribunal will benefit international criminal law and human rights professionals, such as prosecutors, judges, policy makers and public servants.

„Victims have played a crucial role in our cases at the ICTY, although we have also learned the importance of expanding our thinking about potential sources of evidence in sexual violence cases under international criminal law.“

„They have repeatedly told us that they do it because they do not want anyone else to ever have to go through what they have been through. The level of courage they display and their commitment to improving the situation for others in the future is incredible. And because of the stigma often attached to sexual violence crimes, having formal acknowledgement of the wrongs done to the victim in a court judgment takes on a particularly important dimension.“

„Today it seems obvious that we should be able to prosecute sexual violence as an international crime. But when the ICTY began its work in 1993, serious questions were being asked about whether sexual violence was recognized as a war crime, a crime against humanity or an underlying act of genocide. Historically, there had been very little attention given to conflict-related sexual violence, and there were not many express references to it in the provisions forming the fabric of international criminal law. But over the years, the ICTY’s case law has emphatically confirmed that sexual violence can be prosecuted as a war crime, a crime against humanity and genocide. We have also established that it is not only direct physical perpetrators of sexual violence who can be held accountable for these crimes. For example, we have held individuals responsible for assisting others to commit sexual violence, or for signing on to a common criminal plan where sexual violence was either a part of the plan or a foreseeable consequence of it. We have also held responsible senior officials who have a duty to address sexual violence but fail to take any action. These precedents are now forming an important foundation for the work being carried out by other international and national courts that are addressing conflict-related sexual violence. But we still have a way to go to make sure that we truly approach accountability for sexual violence crimes as a part of core prosecution work.“

„There are many remaining challenges, but our experience also shows that, with the right level of commitment, we can find solutions and improve accountability for sexual violence crimes. That is an important message for the future.“

„Despite the OTP’s lack of success in securing a conviction for sexual violence perpetrated with genocidal intent, there is increasing recognition within ICTY case law that genocidal intent can be inferred from, among other factors, the infliction of sexual violence. In the Karadžić Rule 98bis Appeal Judgment, the Appeals Chamber referred to evidence of rape and other sexual violence committed against Bosnian Muslims and Bosnian Croats throughout certain municipalities in B&H in 1992 in its assessment of genocidal intent. Similarly, in its Rule 98bis Decision, the Mladić Trial Chamber referred to the Accused’s knowledge that girls in Foča were kept as sexual slaves as evidence of his genocidal intent, and noted in particular “the [destructive] effect that the rapes had on the Bosnian Muslim women.“

„ICTY case law has also recognized that the infliction of sexual violence is a relevant factor in assessing whether members of the protected group were subjected to conditions of life calculated to destroy the group in whole or in part. For example, ICTY chambers have considered evidence of sexual violence, together with other forms of mistreatment, committed against detainees of Bosnian Muslim and Bosnian Croat ethnicity in detention camps in B&H to substantiate allegations of genocide.“

The establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) marked a watershed moment in the history of international law on women in conflict . Its governing statute included one of the first explicit formulations of rape as a crime against humanity and marked an intentional effort to make people aware of what has been one of history’s greatest silences—sexual violence in conflict . It is also why we continue to support similar efforts by the ICTR and the Special Court of Sierra Leone . We firmly believe that these extensive bodies of knowledge that have been drawn from atrocities will lead other societies with similar histories towards justice and a lasting peace . Through knowledge products such as this, the Tribunal and the international community as a whole is adding to the resources and tools needed in order to secure justice and accountability for survivors of conflict-related sexual- and gender-based violence, and to achieve a more peaceful and inclusive future for all.

„Proving that sexual violence was used to inflict conditions of life calculated to bring about the group’s destruction in whole or in part requires showing that the conditions imposed were of such a nature and gravity to be calculated to lead to the physical or biological destruction of the group or a part of it through, for example, spreading disease, starvation, or lack of medical care. In most cases prosecutors are likely to elicit evidence situating sexual violence as part of a broad range of destructive conditions . For example, in a prison context, other factors may include severe overcrowding, deprivation of nourishment, lack of access to medical care, poor hygienic conditions, and mistreatment . Moreover, it may also be relevant to demonstrate that the group members were subjected to these conditions for a prolonged period . Although the OTP has not yet been successful in securing genocide convictions based on the infliction of sexual violence as a condition of life calculated to destroy a group in whole or in part, this has not stemmed from sexual violence not being recognized as such an underlying act.“

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