Corroboration in sexual violence cases, contemporary international law and transitional justice - International Law And Integration Problems (Scientific-Analytical Journal) №1 2024 - Beynəlxalq hüquq və inteqrasiya problemləri jurnalı

Açıqlama:

Specific nature of sexual violence cases requires different approach to evidentiary requirements in gender-based violence cases, especially in transitional justice. Throughout human history misconceptions on women’s credibility in cases of sexual violence and rape prevailing in societies found their reflection in relevant laws as well and imposed evidentiary burdens on the victims of sexual violence, including rape. Under contemporary international law, corroboration is not a legal requirement for proving crimes of sexual violence. It means that a victim’s own testimony is sufficient evidence and no additional evidence to support a victim’s own testimony is required in cases of sexual violence in the absence of any other corroboration from witnesses, documents, medical reports, photos, or any other potentially corroborative evidence. It is important that the contemporary international law supports this approach through its relevant mechanisms and emphasises that a victim’s testimony is not less credible and no need for corroboration to establish credibility. This paper reviews the corroboration rule in common law systems and existence of its some elements in civil law systems, investigates major developments of contemporary international law concerning evidence requirements in sexual violence cases in times of peace and during armed conflicts as well as specific approach needed to develop and implement progressive models of transitional justice on this.


Müəllif : Parvana Bayramova
Nəşr tarixi : 2024
Yüklənmə sayı : 275

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