Working Papers

The Human Rights Center periodically publishes working papers related to its projects.

Salzburg Workshop on Improving War Crimes Investigations 2013

Scholarly papers written by Berkeley Law students in conjunction with the Human Rights Center's workshop in Salzburg, including An Overview of the Use of Digital Evidence in International Criminal Courts, Digital Evidence and the American Servicemembers' Protection Act, Digital Evidence: Investigatory Protocols 

Sexual Violence and Accountability Project

The Investigation and Prosecution of Sexual Violence (May 2011)

This paper explores specific challenges that can arise in the investigation and prosecution of sexual violence, as well as promising responses to these challenges. It reviews the barriers that deter victims from bringing sexual violence cases, the obstacles to coherent and gender-sensitive investigation and prosecution of sexual violence-based crimes, and the challenges —especially for victims—of ensuring successful trials.

The Jurisprudence of Sexual Violence (May 2011)

This paper provides an overview of the international jurisprudence of sexual violence, focusing on legal milestones realized by the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Court. This paper also offers a brief, comparative case study of how Kenya and its neighbors are currently adopting and adapting international criminal law to enhance their domestic legal frameworks, to facilitate the prosecution of sexual violence within their borders.

Responding to Sexual Violence: Community Approaches (May 2011)

This paper focuses on community-based approaches as a means of bolstering systems of accountability for sexual violence and facilitating recovery for victims. These approaches serve three crucial functions: 1)
educate community members and service providers, 2) offer support to victims, and 3) reinforce institutional capacity. These approaches can enhance the ability of victims to pursue accountability by addressing their needs, developing organizational capacities, and linking individual actors and institutions to community networks.

Sexual Violence: Medical and Psychosocial Support (May 2011)

This paper focuses on the medical and psychosocial aspects of sexual violence. It provides an overview of the consequences of sexual violence, barriers that victims1 face in accessing services, protocols for treatment, and approaches to providing comprehensive care. The paper locates the medical/psychosocial treatment for sexual violence within a human rights framework and identifies the physical and psychological consequences. It sets out the medical and forensic measures that should be taken after sexual assault occurs and the ideal approaches to psychological care. Finally, the paper examines two main strategies for providing medical and psychosocial support services to survivors.