The current essay discusses approaches, which could help to prevent the cases of rape during war conflicts and give an opportunity for the current victims to overcome the negative traumatic experience. The problem is that the current system of the international rape trials faces serious crisis due to several reasons, such as gender inequality in the distribution of court seats and the women’s lack of desire to reveal their negative experience. Moreover, the transitional justice does not imply the accurate attitude of the legal authorities to the victims, which leads to the increased stress. It is obvious that it is not easy to guarantee a consideration of each case individually. There is no doubt that the functioning of the entire international trials system has to be based on some laws and regulations. It means that it is hard to analyze the personal experience of each victim during the trial, especially in the case of the large-scale conflicts. Accordingly, the resolution of the private psychological problems is usually under the jurisdiction of the international healthcare organizations or different volunteer communities. The author makes a deep analysis of the use of a therapeutic method in the international criminal justice system as the primary instrument of the wartime rape prosecution. At the same time, Nicola Henry provides different assumptions regarding the optimal mitigation of the post-traumatic experience of victims.
The analyzed problem is extremely relevant in the modern world due to the fact that the voice of many victims continues being unheard. One of the primary reasons for it is the ignorance of the global community towards the local cases of military sex assault and the difficulties in identifying criminals. Nicola Henry reviews the work of the International Criminal Tribunal for the former Yugoslavia. On the basis of the documents’ analysis, she states “we know little about the efficacy of international criminal justice in achieving or facilitating victim restoration and societal reconciliation in the aftermath of armed conflict” (Henry 2009). Consequently, it is rational to conduct such type of analysis.
Therefore, it is crucial for the society to create a functioning system of international rape trials. The performance of this system could be based on the use of a therapeutic method, which implies the necessity to set a dialogue with victims, witnesses, and even criminals in order to give a chance for people to build their future without the traumas of the psyche. The author points out the high role of the emotional intelligence in the process of trial, especially to work with the victims. Evidently, the primary aim of the transitional justice is to convict war criminals. Nevertheless, Nicola Henry also highlights the importance of the calibrated attitude towards victims during the trials. It is possible to conclude that the examined article is related to an extremely important humanitarian problem. The solution provided by Nicola Henry is beneficial for the resolution of the issue. At the same time, it is essential for the participants of the military conflict to ensure the moral behavior of the soldiers and protect the citizens from the unnecessary aggression.
Is it possible and rational for the legal authority to use the medical methods in resolving judicial matters?
It could be beneficial for the transitional justice to use specific methods, such as a therapeutic method in regular practice. In such case, it will be necessary to the members of the court and the personnel to pass through the specialized medical and psychological courses. Accordingly, the victims will receive a positive experience of justice, which is crucial for the resolution of post-traumatic issues.
How to organize the performance of the international rape trials?
The discussion of the potential problems in the functioning of these trials implies the examination of interrogation and investigation methods. It seems fair to state that some people could make mistakes regarding the identification of a criminal. Moreover, some of these mistakes could be conscious. It is hard to discern the truth and fiction in the testimony of people. Therefore, the members of the court need to be accurate in making the final decision. At the same time, the knowledge of behavioral patterns provides an opportunity to avoid misjudgments.
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Henry, Nicola. (2009). Witness to Rape: The Limits and Potential of International War Crimes Trials for Victims of Wartime Sexual Violence. The International Journal of Transitional Justice. 3 (1), pp. 114-134.