in methods for supporting victims and witnesses. Inasmuch as possible, the activities of these specialized
investigators and prosecutors must be exclusively limited to cases brought before the specialized legal
division. Where necessary, States must plan to provide psychological support for the personnel of the
division.
49. 3. These specialized legal divisions must have sufficient financial, material and human resources to
properly fulfill their mandate.
50. Cooperation with intermediaries and civil society organisations
During proceedings to investigate and prosecute crimes of sexual violence committed in situations of
conflict or crisis, States must promote cooperation with intermediaries, civil society organisations and the
affected communities to establish contact with the victims and witnesses of sexual violence. During this
cooperation, guarantees of security for intermediaries and representatives of civil society organisations
must be provided.
51. Cooperation with national, regional and international jurisdictions
States must cooperate with all national jurisdictions (which respect international standards for the right to
a fair trial and for the protection and security of victims and witnesses), and with regional and international
jurisdictions in charge of investigating, prosecuting and establishing responsibility for acts of sexual violence
that constitute international crimes, according to their national, regional and international obligations. In
particular, these mechanisms include the African Court on Human and Peoples’ Rights, mixed tribunals
and courts, regional or international investigative commissions and the International Criminal Court (ICC).
Explanatory Notes: Maputo Protocol, Articles 8 and 11 (3); ACHPR, Resolution 283: Resolution on the Situation of Women and
Children in Armed Conflict, 2014; Framework agreement for cooperation between the office of the Special Representative
of the Secretary-General of the United Nations on Sexual Violence in Situations of Conflict and the Commission of the
African Union on the prevention and response to conflict-related sexual violence in Africa (2014); Best Practices Manual
for the Investigation and Prosecution of Sexual Violence Crimes in Post-Conflict Regions: Lessons Learned from the Office
of the Prosecutor for the International Criminal Tribunal for Rwanda (2014); CEDAW, General recommendation No. 30
on women in conflict prevention, conflict and post-conflict situations, CEDAW/C/GC/30 (2013); General Assembly of the
United Nations, Special measures for protection from sexual exploitation and sexual abuse, A/70/729 (2016); Rome Statute
of the International Criminal Court; International Protocol on documentation and investigation of sexual violence in conflict
(2014); Women’s Initiatives For Gender Justice, Gender in Practice: Guidelines & Methods to address Gender-based Crimes
in Armed Conflict, Guidelines for investigating conflict-related sexual and gender-based violence against men and boys,
Institute for International Criminal Investigations (2016).
52. Truth, Justice and Reconciliation Commissions
52. 1. After serious violations of human rights or the perpetration of international crimes, by virtue of the
right to an effective remedy, States that do not have the capacity to fulfill the need of victims for truth,
justice and reparation, especially the victims of sexual violence, through active justice measures or other
available means of recourse, are encouraged to use transitional justice tools, including creating a Truth,
Justice and Reconciliation Commission (TJRC) or other similar body.
52. 2. Complementarity: These commissions must be instruments that complement the mechanisms for
justice and reparation. The complementarity between traditional State bodies and ad hoc transitional justice
bodies is especially expressed through respect for enshrined norms and principles, such as the inalienable
right of victims to bring their case before the courts. Under no circumstances may such commissions take
the place of judicial proceedings or any other process enabling victims to obtain reparation.
52. 3. Mandate: It must be part of the mandate of TJRCs or transitional justice bodies that are created
to research and establish the truth regarding acts of sexual violence, their motives and the circumstances
GUIDELINES ON COMBATING SEXUAL VIOLENCE
AND ITS CONSEQUENCES IN AFRICA
39