TheThe HiddenHidden War:War: LegalLegal ResponsesResponses toto IntimateIntimate PartnerPartner ViolenceViolence inin FragilityFragility andand ConflictConflict MattMatt MooreMoore Author Matt Moore (Hillary Rodham Clinton Law Fellow 2018-19, GIWPS) Expert Advisers Ambassador Melanne Verveer (Executive Director, GIWPS) Dr. Jeni Klugman (Managing Director, GIWPS) Acknowledgements The author is grateful to the many policymakers, researchers, and practi- tioners who provided advice and feedback on this report. Pela Boker-Wil- son and Dr. Jocelyn Kelly were especially generous in providing their in- sights throughout the research for the report. The author would also like to thank the GIWPS colleagues who supported this research, including Raiyan Kabir, Jennifer Parsons, Sarah Rutherford, Dr. Madison Schramm, Yvonne Quek, Anne Della Guardia, and Claire Hazbun. The Georgetown Institute for Women, Peace and Security Georgetown University’s Institute for Women, Peace & Security seeks to promote a more stable, peaceful, and just world by focusing on the im- portant role women play in preventing confict and building peace, growing economies, and addressing global threats like climate change and violent extremism. We engage in rigorous research, host global convenings, ad- vance strategic partnerships, and nurture the next generation of leaders. Housed within the Walsh School of Foreign Service at Georgetown, the Institute is headed by the former U.S. Ambassador for Global Women’s Issues, Melanne Verveer. Moore, Matt. The Hidden War: Legal Responses to Intimate Partner Violence in Fragility and Confict: Washington, D.C.: Georgetown Institute for Women, Peace and Security, 2019. To contact the Institute or authors of this study, email: [email protected] Design: BurkeLand Graphic Design Table of Contents Executive Summary 1 Introduction and Motivation 3 Intimate Partner Violence in Fragility and Confict: 5 What We Know Legal Framework 5 Intimate Partner Violence in Confict 7 Law Matters 12 Does Law Make a Diference? 12 The Justice Gap 15 The Implementation Gap 20 Promising Innovations and Directions 25 Engaging Customary Norms and Systems of Justice 25 Specialized Courts 27 Mobile Courts 28 Designated Prosecution Units 28 Civil Protection Orders 28 Shelters and “One-Stop Centers” 29 Case Study: Liberia 30 Context and Background 30 Customary Law 32 Criminal Court E 34 Evidence 36 Domestic Violence Legislation 36 Conclusion: Uneven Progress 37 Implications for Policies and Programs 39 Implications for Governments of Fragile and Confict-Afected States 39 Implications for International Institutions and Governments 41 Recommendations 43 Appendix A: Defnitions 45 Endnotes 47 Executive Summary Millions of women sufer intimate partner violence (IPV) each year in coun- tries experiencing or emerging from war. While the international commu- nity has increasingly recognized the urgency of combating confict-related sexual violence, much less attention has been accorded to preventing IPV and addressing its repercussions in confict-afected settings. Addressing the full spectrum of violence in confict entails prevent- ing IPV and supporting IPV survivors. Recent evidence suggests that IPV prevalence can increase in some confict settings due to the breakdown of traditional social and governance institutions, the prevalence of post-trau- matic stress and harmful gender norms, and economic dislocation, among other factors. This report looks at what is known about IPV in confict settings and focus- es on one strategy to improve the situation of survivors: increasing their access to justice. The case of Liberia, a country that has contended with the legacy of confict and attempted to use legal reforms to combat high rates of IPV, is investigated in depth. Three main fndings emerge: (1) IPV is the most common form of violence that women experience – even in war. Millions of women experience IPV in confict-afected settings each year. For example, in Afghanistan, 46 percent of women between the ages of 15 and 49 – nearly 3.5 million women – experienced some form of IPV in 2015 (the most recent year data is available). Even in places where organized violence is rampant, no place is less safe for many women than their own homes. (2) Access to justice is limited for IPV survivors in confict-afected settings. A major challenge faced by IPV survivors is obtaining meaningful legal remedies. This is especially acute in many fragile or confict-afected states, which do not have laws criminalizing IPV and, where laws exist, implementation is inadequate. Customary and informal systems of justice, which in some cases exacerbate or fail to sanction harmful practices, pre- dominate in these settings. (3) Legal reforms and innovative justice tools can improve the situ- ation of IPV survivors. Although the law should only be one part of any efort to combat IPV, strategies to increase access to justice can meaning- fully beneft survivors. In Liberia, the government has pursued legal reforms to address high rates of gender-based violence, including IPV. Important initiatives include the establishment of a special court for sexual ofenses and, in 2019, passage Georgetown Institute for Women, Peace and Security | 1 of a law criminalizing domestic violence. Liberia’s experience illustrates both promising approaches, such as community paralegal programs, and persistent barriers to access to justice for IPV survivors, including an over- burdened court system, the absence of forensic evidence, and the impact of customary norms. A set of strategies for national governments and international actors to improve access to justice for IPV survivors in confict settings is laid out. Broadly, three key recommendations are given: ◆ Engage the customary system. Governments should seek to ensure the participation of women in customary dispute resolution bodies, such as village councils. They should also support legal empowerment initiatives, including community paralegal programs, which bridge formal and customary systems, as well as education and awareness raising programs that aim to transform harmful gender norms. ◆ Enact formal legislation. A critical step for many fragile and con- fict states is the enactment of legislation addressing both civil and criminal measures on IPV. Domestic violence laws send a powerful signal about what behavior is unacceptable and can help to trans- form norms around violence. ◆ Improve implementation. Implementation is key. Enacting leg- islation alone will not improve the situation of IPV survivors. To improve implementation, governments should consider initiatives such as the establishment of specialized courts for sexual violence, mobile courts, and gender-based violence prosecution units. They should also fund and support shelters for survivors and one-stop centers ofering comprehensive medical, psychological, social, and legal services. Finally, the international community has a pivotal role to play in support- ing the eforts of national governments. They can, for example, fund and provide technical assistance to legal empowerment initiatives, such as com- munity paralegal programs, and help build forensic science and evidence gathering capacity in confict states. Governments should consider the es- tablishment of an international treaty addressing violence against women, including IPV. More broadly, foreign aid directed at confict-related sexual violence should appropriately prioritize IPV. 2 | The Hidden War: Legal Responses to Intimate Partner Violence in Fragility and Confict Introduction and Motivation Intimate partner violence (IPV) is the most common form of violence wom- en experience. Globally, approximately one in three women experience physical or sexual violence—or both—at the hands of a partner within their lifetimes.1 IPV is a human rights violation2 that implicates state responsi- bility under international law.3 The international community has explicitly recognized the challenges posed by IPV and other forms of violence against women by incorporating a specifc target on gender violence into the cor- nerstone of the global development agenda, the Sustainable Development Goals.4 Millions of women in fragile and confict states5 experience violence at the hands of intimate partners each year.6 Even in these settings, which are characterized by weak institutions and organized political violence, no place is less safe for many women than their own homes.7 Indeed, a grow- ing evidence base shows that the incidence and risk of IPV may increase in states afected by fragility and confict.8 Although the causal connections between confict and IPV are still emerging, it is clear that IPV is widespread in many settings already experiencing the efects of war. Of the ten coun- tries with the highest IPV rates in the world, six are fragile or confict afect- ed.9 In Afghanistan, for example, 46 percent of women between the ages of 15 and 49—nearly 3.5 million women—experienced some form of IPV in 2015 (the most recent year data is available).10 And when violence occurs, the breakdown of social networks and legal institutions means that survi- vors of IPV in fragile, confict, and post-confict states often lack sanctuary or access to justice. High rates of IPV have been documented in confict-afected settings around the world, including variations within countries. In Colombia, residence in a district of high-intensity confict increased the risk of IPV victimization by 12 percentage points.11 Living in a confict-fatality-afected district in Liberia, compared