Promoting Accountability for Conflict-Related Sexual Violence Against Men: A Comparative Legal Analysis of International and Domestic Laws Relating to IDP and Refugee Men in Uganda

Refugee Law Project Working Paper No. 24, 2013

89 Pages Posted: 29 Jun 2016

See all articles by Chris Dolan

Chris Dolan

affiliation not provided to SSRN

Laurel E. Fletcher

University of California, Berkeley - School of Law

Stephen Oola

affiliation not provided to SSRN

Date Written: July 1, 2013

Abstract

This paper reflects an innovative collaboration between the Refugee Law Project and the International Human Rights Law Clinic, University of California, Berkeley, School of Law. It addresses an issue of growing concern to gender activists, human rights and humanitarian actors, as well as governments, namely: what legal remedies are available to male survivors of conflict- related sexual violence? Are such remedies to be found within the domestic or the international sphere? Are they best addressed as human rights violations? Through war crimes tribunals? Or through a combination of transitional justice measures? Are the same remedies available to all victims, or are refugees treated differently from IDPs or citizens?

Through careful review of existing legislation, as well as existing precedents, this paper establishes that in principle, at least, international criminal justice offers the best prospects of redress, but that this potential has been seriously underutilized in nearly all cases to date. This paper thus serves as a wake-up call to those concerned with justice for survivors of sexual violence, and, using Uganda as a case study, lays the groundwork upon which to generate a legal reform agenda internationally. An earlier draft, prepared by Clinic students from the University of California, Berkeley, School of Law under the supervision of Professor Laurel E. Fletcher in collaboration with Dr. Chris Dolan, and with further advice from Stephen Oola, was discussed at a legal round-table in Kampala in April 2013, and this version reflects key comments and suggestions that were made on that occasion.

Keywords: Sexual violence, human rights, international criminal law, Uganda

Suggested Citation

Dolan, Chris and Fletcher, Laurel E. and Oola, Stephen, Promoting Accountability for Conflict-Related Sexual Violence Against Men: A Comparative Legal Analysis of International and Domestic Laws Relating to IDP and Refugee Men in Uganda (July 1, 2013). Refugee Law Project Working Paper No. 24, 2013, Available at SSRN: https://ssrn.com/abstract=2758940 or http://dx.doi.org/10.2139/ssrn.2758940

Chris Dolan

affiliation not provided to SSRN

Laurel E. Fletcher (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

Stephen Oola

affiliation not provided to SSRN

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