NEW YORK - The Special Rapporteur on Torture, Alice Edwards, has urged States worldwide to fundamentally rethink their approach to addressing sexual violence in wartime and other security crises. In her report to the UN General Assembly, the expert argued that the legal framework for torture and other cruelty offers substantial advantages over current approaches to combatting sexual violence, particularly for victims and survivors.
"Conflict-related sexual violence is an insidious crime that in times of war is being perpetrated relentlessly," Edwards said. "Most cases can be categorised as torture, as they involve severe pain or suffering. The legal prohibition against torture is binding on all States and provides critical protections that are absent from sexual violence frameworks."
Torture is unequivocally prohibited under international law and neither superior orders, nor any form of amnesty can justify it. Edwards highlighted that there are no time limits on prosecutions or rehabilitation for torture survivors and reinforced the need for accountability. "Victims and witnesses deserve clear protections, and perpetrators must face the harshest penalties," she said.
The expert noted that while the Women, Peace, and Security agenda and related Security Council Resolutions acknowledge the centrality of women's participation in peace processes, rebuilding and security they often exclude other victims of wartime sexual offences.
"Sexual torture can affect anyone - women and girls, men and boys, LGBTQI+ individuals, civilians and soldiers," the expert explained. "The torture framework is inclusive, applying to all who experience this form of severe pain or suffering."
The report addressed complexities of consent for sexual crimes, noting that consent is not a factor in the definition of torture. It examined stigma surrounding victims of sexual violence, and the potency of the torture framework to remove this.
"There is no shame in being a victim of torture," the UN expert said. "By framing sexual violence as torture, we can shift the narrative from the victims to the perpetrators. This shift is vital to reduce stigma and to empower political, religious and community leaders to advocate for survivors."
The Special Rapporteur also emphasised the importance of best practices in evidence-gathering and investigations, as well as the need for well-funded and accessible rehabilitation programmes.
In her speech to the General Assembly, the expert called on all States to adopt a comprehensive approach to eradicate sexual violence in war by leveraging the robust legal framework surrounding torture. "States have obligations to protect everyone in their territories or under their control against such violence and to prosecute perpetrators," she said.
