Sexual and gender-based violence (SGBV) constitutes one of the means through which terrorist organizations indiscriminately target civilians in both conflict and non-conflict settings. This study, conducted in line with the mandate of the Counter-Terrorism Committee Executive Directorate (CTED), analyzes criminal justice responses to SGBV linked to terrorism. It first provides an overview of the interlinkages between relevant international legal frameworks and national counter-terrorism and criminal laws, which form part of the legal ecosystem available to advance accountability for SGBV linked to terrorism. Drawing on data gathered by CTED through its engagement with UN partners, international, regional, and subregional organizations, civil society organizations, and members of the CTED Global Research Network (GRN), as well as in-depth expert interviews, the report highlights several challenges to securing meaningful accountability for SGBV linked to terrorism. Beyond criminal justice approaches, it also notes that the lack of holistic responses, including survivor-centered approaches, reparations, and broader transitional justice processes, represents a major challenge. Finally, the study explores opportunities and emerging good practices in relation to the global effort to promote criminal justice responses to SGBV linked to terrorism, including practices pertaining to prosecution strategies, international cooperation, and civil society participation. By acknowledging the gendered nature of terrorist crimes and the exploitation of SGBV as a tactic by terrorist groups, the study also emphasizes the need for gender-sensitive CT strategies that address the underlying structural inequalities that terrorist groups exploit, as well as the structural inequalities and gendered notions of terrorism within the CT and criminal justice system.
2023