Handbook on GENDER DIMENSIONS of criminal justice responses to terrorism Cover photo: © iStock UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna HANDBOOK ON GENDER DIMENSIONS OF CRIMINAL JUSTICE RESPONSES TO TERRORISM UNITED NATIONS Vienna, 2019 © United Nations, 2019. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitations of its frontiers or boundaries. Mention of firm names and commercial products does not imply the endorsement of the United Nations. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. Contents Acknowledgements . v Introduction . 1 Chapter 1 . Criminal justice and counter-terrorism in the context of the international legal and policy framework for women’s rights and gender equality . 5 A. Non-discrimination, gender equality and women’s rights ..........................................5 B. Mainstreaming gender in counter-terrorism and criminal justice ..................................12 C. Gender equality, the Women, Peace and Security Agenda and the Sustainable Development Goals: the nexus to counter-terrorism ...........................................................17 D. The special policy and legal framework for the protection of the girl child ..........................21 Chapter 2 . Gender dimensions of terrorism offences . 29 A. Roles of women in terrorist groups ..............................................................30 B. The criminalization of “support roles” ...........................................................39 C. Offences committed by persons involuntarily associated with a terrorist group .....................47 D. Gendered impacts of measures against terrorism financing .......................................56 Chapter 3 . Investigation and prosecution of terrorism cases . 61 A. Gender aspects of investigations ................................................................62 B. Interviewing victims, witnesses and suspects ....................................................70 C. Witness protection ............................................................................75 D. Strengthening women’s representation in law enforcement and the judicial system ..................83 Chapter 4 . Imprisonment and other forms of deprivation of liberty . 91 A. International legal framework and standards ....................................................92 B. Gender-sensitive prison management, management of violent extremist prisoners and conditions of imprisonment ....................................................................93 C. Prison-based disengagement, rehabilitation and social reintegration measures for violent extremist prisoners .......................................................................... 104 D. Gender-specific aspects of preventing torture, inhuman and degrading treatment of people deprived of their liberty . 106 E. Detention of close family members of suspects ................................................ 113 F. Alternatives to imprisonment in terrorism cases ............................................... 115 G. Administrative detention of persons associated with terrorist groups ............................ 121 iii Chapter 5 . Criminal investigations and prosecutions of sexual and gender-based violence perpetrated by terrorist groups . 127 A. Sexual and gender-based violence perpetrated by terrorist groups ............................... 128 B. Legal accountability frameworks for sexual and gender-based crimes and associated trafficking in persons offences committed by terrorist groups ............................................. 137 C. Sexual and gender-based violence as international crimes under the Rome Statute ............... 146 D. Enhancing investigations and prosecutions of sexual and gender-based crimes committed by terrorist groups ................................................................ 154 E. Extraterritorial jurisdiction and international cooperation regarding sexual and gender-based crimes committed by terrorist groups ............................................ 160 Chapter 6 . Access to justice and remedies for victims . 169 A. Gender dimensions of access to justice through the judicial system ............................. 170 B. Access to remedies and reparations for victims of terrorist crime ................................ 177 C. Gender-sensitive remedies and reparations .................................................... 179 D. Remedies for victims of sexual and gender-based violence and trafficking in persons perpetrated by terrorist groups ................................................................ 184 E. Transitional and traditional justice mechanisms ............................................... 195 Glossary . 201 iv ACKNOWLEDGEMENTS The Handbook on Gender Dimensions of Criminal Justice Responses to Terrorism was prepared by the Terrorism Prevention Branch of the United Nations Office on Drugs and Crime (UNODC). The handbook was written by Ulrich Garms and Lara Wilkinson, UNODC Terrorism Prevention Branch, and Amrita Kapur, independent consultant. UNODC is grateful for the invaluable contributions of the Office of Counter-Terrorism, the Office of the United Nations High Commissioner for Human Rights, the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), the Counter-Terrorism Committee Executive Directorate, the Team of Experts on Rule of Law and Sexual Violence in Conflict, and the Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict. In particular, UNODC is grateful to the following United Nations colleagues for their contributions to the handbook: Caitlin Boyce, Sofia Coelho Candeias, Federica Donati, Edward Flynn, Yu Kanosue, Adwoa Kufuor, Megan Manion, Cecilia Naddeo, Yukiko Omagari, Alejandro Sanchez, Carolin Schleker and Manel Stambouli. UNODC wishes to express its gratitude to the numerous government officials and civil society representatives from Member States who shared information on national laws and practice. Special thanks also go to Laura Nyirinkindi, Africa Regional Vice President of the International Association of Women Lawyers (FIDA International), and Gina Vale, of the International Centre for the Study of Radicalisation at King’s College London, for their contributions to the publication. The following UNODC staff and personnel contributed to the handbook: Hadiza Abba, Marisol Aguilar, Silke Albert, Siham Al Figuigui, Chloé Brière, Harry D. Cheng, Martin Fowke, Anika Holterhof, Alexandra Martins, Philipp Meissner, Panagiotis Papadimitriou, Katharina Peschke, Dayan Farias Picón, Sven Pfeiffer, Azzeddine Salmane, Hannah Stallard and Timothy Wilson. v Introduction The United Nations Office on Drugs and Crime (UNODC) is mandated to provide assistance to requesting countries on the legal and criminal justice aspects of countering terrorism. UNODC sees equality, non-discrimination and respect for women’s rights as key components of a robust criminal justice framework guided by the core principles of the rule of law, due process and protection of human rights. The present publication has been developed with the conviction that an effective criminal justice response to terrorism must include a gender perspective, adopt an approach based on gender mainstreaming and human rights, and take account of the multifaceted and distinct ways that women and men are involved in, and impacted by, terrorist acts. Women and men, girls and boys are among the victims of acts of terrorism, such as hostage-taking, explosives attacks in public places, or aeroplane hijacking. Terrorist groups, however, also specifically target women through acts of sexual and gender-based violence – such as rape, sexual slavery and forced marriage – as a means of achieving tactical, strategic and ideological aims. Many terrorist groups encroach on women’s human rights and impede their socioeconomic development, including by restricting their movement. In some contexts, women disproportionately experience internal displace- ment as a result of terrorist threats, and lose access to livelihoods owing to terrorist attacks. Women may also face gender-specific difficulties when attempting to access justice and seeking emediesr as victims of terrorism. Some women actively and voluntarily support terrorist groups, ideologically and operationally, and are involved in the commission of terrorism-related offences. The active participation of women in ter- rorist groups is not a new phenomenon. Women fulfilled frontline roles in, for example, the Euskadi Ta Askatasuna (ETA) and Partiya Karkerên Kurdistan (PKK), and leadership roles in the Liberation Tigers of Tamil Eelam (LTTE). The circumstances of women’s association with contemporary terrorist and violent extremist groups, the roles they fulfil in these groups and the levels of violence with which they engage, however, differ from men in many contexts, and are often based on gender roles and stereotypes. In some conflicts, women become associated with these groups through coercion or abduction, and may commit terrorism-related offences while themselves being victims of violence by terrorist groups. Despite these different impacts and associations, traditional analysis has often placed women on the periphery of terrorism