A Sustainable Psychosocial

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Model to Support the
National Investigation and
Prosecution of Conflict-related
Sexual Violence Crimes
Barbara Bianchini* and Sara Rubert**

Abstract
This article presents a psychosocial model that can be used by national jurisdictions
to cope with the multiple challenges in prosecuting conflict-related sexual violence
crimes. Best practices developed over years of professional experience with victims of
crime and trauma survivors guided the authors in developing a trauma-centred ap-
proach. In the proposed model, the judiciary plays a central role in empowering
survivors of heinous crimes to become active agents of their lives by positively
contributing to the quest for justice. The authors aim at offering specific and practical
recommendations to investigative and judicial staff dealing with the multifaceted
issues arising out of conflict-related sexual violence prosecutions. The hope is to offer
a flexible model that can be adapted to different national jurisdictions’ needs, can
produce sustainable long-term interventions for survivors’ well-being, and improve
the quality of the evidence collected.

* Barbara Bianchini is a Clinical Psychologist. She is the psychologist of the Victims and
Witnesses Unit at the Special Tribunal for Lebanon. She worked as a staff counsellor for the
UN Assistance Mission in Afghanistan (2011–2014) and she was a training expert for the UN
Interregional Crime and Justice Research Institute (2009–2011). In 2008, she cooperated with
the European Commission in developing interviewing protocols for Khmer Rouge survivors in
Cambodia. [resiliencebeyondborders@gmail.com]
** Sara Rubert is a Forensic Psychologist. She worked at the International Criminal Tribunal for
the former Yugoslavia as support officer and currently works at the International Criminal
Court as a psychologist. [sararubert@hotmail.it]
The views expressed herein are those of the authors and do not necessarily reflect the views of
the employing organizations. The authors have no conflict of interest to declare.
........................................................................
Journal of International Criminal Justice 18 (2020), 425–448 doi:10.1093/jicj/mqaa033
ß The Author(s) (2020). Published by Oxford University Press. All rights reserved.
For permissions, please email: journals.permissions@oup.com
426 JICJ 18 (2020), 425–448

1. Introduction
National jurisdictions continuously face challenges when investigating and

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prosecuting conflict-related sexual violence (hereinafter CRSV). One such chal-
lenge to the successful prosecution of these cases is the preservation and pres-
entation of evidence for trial.
While improving the collection of sexual violence evidence is central to
prosecuting such crimes, national jurisdictions also struggle to assist survivors
who are directly providing evidence. Attention has been given to the former,
namely to expanding the judicial definition of crimes of sexual violence and to
handling the risks connected to testimony. However, little effort has been made
to define and systematize best practices for managing the survivors’ fears and
trauma.
This article presents a model for a chronologically structured and survivor-
centred psychosocial approach investigators, prosecutors and judicial staff can
employ in their efforts to promote national justice. These multilevel practices
take inspiration from international tribunals and the authors’ professional ex-
perience as trauma experts for victims of violence in Afghanistan, Cambodia,
the former Yugoslavia, Lebanon, Mali and Uganda. The guidelines identified as
best practices in this article derive mainly from qualitative and quantitative
studies in this field by the authors, interviews with hundreds of survivors, and
interactions with judicial actors from various jurisdictions. Trial hearing obser-
vations and research on the latest scientific developments on trauma and
survivor studies were also used as complementary sources.
Some of these practices — extensively presented in United Nations
(UN) documents1 and guidelines2 and non-UN reports3 on how to engage

1 The terms ‘victim’ and ‘survivor’ refer to the person subjected to violence. In the legal field, the
term ‘victim’ is usually used to refer to persons subjected to sexual violence in conflict and/or
displacement. Today ‘survivor’ is more commonly used and is preferred to ‘victim’ in psycho-
logical and social support sectors because it implies resilience. Here the term ‘survivor’ and
‘victim’ are used interchangeably. See the Office of the United Nations High Commissioner for
Refugees (UNHCR), Training Package on SGBV Prevention and Response, October 2016. SC Res.
2122 (2013); SC Res. 2106 (2013); SC Res. 1960 (2010); SC Res. 1889 (2009); SC Res. 1888
(2009); SC Res. 1820 (2008); SC Res. 1325 (2000); GA Res. 40/34, 29 November 1985.
2 Office of the High Commissioner for Human Rights (OHCHR), Protection of Victims of Sexual
Violence: Lessons Learned (2019), available online at https://www.ohchr.org/Documents/Issues/
Women/WRGS/ReportLessonsLearned.pdf (visited 28 January 2020); OHCHR, Integrating a
Gender Perspective into Human Rights Investigation: Guidance and Practice (2018), available online
at https://www.ohchr.org/Documents/Issues/Women/Publications/GenderIntegrationintoHR
Investigations.pdf (visited 28 January 2020); World Health Organization (WHO),
Strengthening the Medico-legal Response to Sexual Violence (2015), available online at https://
www.who.int/reproductivehealth/publications/violence/medico-legal-response/en/ (visited 28
January 2020); United Nations Office on Drugs and Crimes (UNODC), Good Practices for the
Protection of Witnesses in Criminal Proceedings Involving Organized Crime (2008), available online
at https://www.unodc.org/documents/middleeastandnorthafrica/organised-crime/Good_Practices_
for_the_Protection_of_Witnesses_in_Criminal_Proceedings_Involving_Organized_Crime.pdf (visited
28 January 2020).
3 Inter-Agency Standing Committee (IASC), Guidelines for Integrating Gender-Based Violence
Interventions in Humanitarian Action: Reducing risk, promoting resilience and aiding recovery, 28
 A Sustainable Psychosocial Model to Support National Investigations 427

survivors — have been tailored to the needs of national jurisdictions dealing

with conflict-related sexual crime victims and separated from those of a
purely clinical and therapeutic setting.

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This article underlines an additional benefit of applying psychosocial prac-
tices when working with victims: minimizing national jurisdictions’ institu-
tional risk of directly retraumatizing victims. Furthermore, this model is a
starting point that encourages national jurisdictions to incorporate a support
component into their practice as an essential procedure and maximizes CRSV
victims’ participation in the proceedings. Finally, national jurisdictions may
find that using this interdisciplinary model will serve the unspoken and hid-
den needs of those victims whose role is so critical in prosecuting crimes of
this gravity.

2. The Model Framework

For any psychosocial model to help national jurisdictions tackling serious
crimes, certain principles are essential for building an operational framework.
The following principles form a framework that can maximize the testimonial
impact of CRSV survivors.

A. A Survivor-centred Approach
A survivor’s testimony does not occur in a vacuum: a survivor-centred ap-
proach necessitates connecting and tailoring services to the survivor’s broader
needs. These needs might arise at different points in the interaction: from the
first contact with investigators to the last with national institutions. Services
should integrate a multi-sectorial and coordinated dimension as it is a duty of
the judicial system to create links between different service providers, such as
those available for health, security, legal or financial needs.4 In the long term,
this approach ensures that survivors are treated with dignity, fosters their
ability to express the complexity of their needs and allows them to become
active agents in their own empowerment.5

August 2015, available online at https://interagencystandingcommittee.org/working-group/

documents-public/iasc-guidelines-integrating-gender-based-violence-interventions (visited 28
January 2020); Amnesty International, Combating Sexual Violence in Conflict, 30 May 2014,
available online at https://www.amnesty.org/en/documents/IOR53/006/2014/en/ (visited 28
January 2020).
4 SC Res. 2467 (2019).
5 M. Soueid, A. Willhoite and A.E. Sovcik, ‘The Survivor-Centered Approach to Transitional
Justice: Why a Trauma-Informed Handling of Witnesses Testimony is a Necessary
Component’, 50 The George Washington International Law Review (2017) 125; Annex A to
the Legal Representative of Victims Request for the Admission of the Opinion Evidence of
Professor Doctor Rianne Letschert (Public Redacted Version), Ayyash, Merhi, Oneissi, and
Sabra (STL-11-01/T/TC), Trial Chamber, 18 September 2017.
428 JICJ 18 (2020), 425–448

B. Trauma-informed Practices
Trauma affects the way in which survivors see themselves, their relationships
and the outer world. The way in which national jurisdictions integrate survi-

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vors’ perspectives into their practices greatly affects the chances of witness’
cooperation with law enforcement and the content, nature and quality of their
testimony. These practices also directly inform the witness’6 experience in
engaging with a court and minimizing their risk of being retraumatized by it
and its staff.
A trauma-informed approach recognizes the physical, social and emotional
impacts on the individual as well as on the professionals helping them. It
underpins survivor-centred practices and refers to the capacity to acknowledge
the presence of trauma and how it affects not just the survivors but the entire
community,7 including its organizations and workforce.8 Trauma-informed
practices should reflect the bidirectionality of the judicial process: how trauma
affects survivors’ responses and the criminal justice system as well as how each
response from the judiciary affects survivors.9

C. A Gender-sensitive Approach
CRSV needs to be understood within the broader context of gender-based vio-
lence (hereinafter GBV). Gender refers to the ‘set of characteristics, values,
beliefs, qualities and behaviours that societies assign to men and women’.10
The social construction of gender determines roles men and women are sup-
posed to hold within a society, creating power relations that can result in
inequalities. GBV in conflicts can target both women and girls and men and
boys.11 GBV aims at destroying social relations and communities from the
inside, relying on the gender constructs that apply to that society. For instance,
forced pregnancy may affect the role of motherhood assigned to women if they
are seen as giving birth to the ‘enemy’s babies’. Likewise, forced pregnancy can

6 We use the term ‘witnesses’ here to refer to survivors of conflict-related sexual crime who are
called to testify.
7 For an interesting example of a multilevel community intervention project in Cambodia that
supports affected individuals access their rights and achieve justice and healing, see Transcultural
Psychosocial Organization (TPO), Healing and Reconciliation for Victims of Torture of Khmer Rouge
Trauma (2015), available online at https://tpocambodia.org/healing-and-reconciliation-for-vic
tims-of-torture-of-khmer-rouge-trauma/ (visited 9 December 2019).
8 J.L. Herman, Trauma and Recovery: The Aftermath of Violence – From Domestic Abuse to Political
Terror (Basic Books, 1997).
9 IASC, supra note 3.
10 UN Women, Gender on the Move: Working on the Migration-Development Nexus from a Gender
Perspective Training Manual (2013), available online at https://www.unwomen.org/-/media/
headquarters/attachments/sections/library/publications/2013/12/genderonthemove_low2b%
20pdf.pdf?la¼en (visited 28 January 2020), at 23.
11 Institute for International Criminal Investigations (IICI), Guidelines for Investigating Conflict-Related
Sexual and Gender-Based Violence against Men and Boys, 29 February 2016, available online at
https://iici.global/0.5.1/wp-content/uploads/2017/03/160229_IICI_InvestigationGuidelines_
ConflictRelatedSGBVagainstMenBoys.pdf (visited 28 January 2020).
 A Sustainable Psychosocial Model to Support National Investigations 429

also be used to humiliate men if they are believed to have failed in their
cultural responsibility to protect women.
In addition, underreporting of CRSV is prevalent and should be assumed

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to be often the case not only for female but also for male victims,12 who
fear stigma by family and society, perceived homosexuality (particularly in
those countries where homosexuality is still criminalized), and feeling of
emasculation.13
To acknowledge the gender dimension of CRSV means that situational ana-
lysis, goals and their implementation should be gender sensitive. The disparity
of opportunities between men and women to access resources or to influence
decision-making processes should be assessed and considered.
Applying a gender perspective will contribute to avoiding the perpetuation
of existing inequalities within a society and greatly improve the long-term
sustainability of interventions.

D. Psychosocial Considerations on CRSV

Several UN reports document that sexual violence is widespread in situations of
armed conflict, targeting large parts of a population and affecting women,
men, girls, and boys.14 Although survivors of CRSV are often referred to as
one group, the group is very heterogeneous. Common patterns exist in the way
survivors are affected by sexual violence, but there is no one predetermined
reaction to these heinous crimes. Institutions and authorities working with
survivors should take the complexity of possible CRSV consequences into ac-
count.15 In fact, each individual will be affected differently, depending on his/
her cultural, economic, and unique personal background. More specifically, the
severity and type of trauma may vary depending on the risk and protective
factors related to the conditions before, severity and perception of stressors
during, and coping strategies and level of support accessible after the traumatic
experience.16

12 See e.g. A. de Brouwer, ‘The Importance of Understanding Sexual Violence in Conflict for
Investigation and Prosecution Purposes’, 48 Cornell International Law Journal (2015) 639.
13 S. Sivakumaran, ‘Lost in Translation: UN Responses to Sexual Violence against Men and Boys
in Situation of Armed Conflicts’, 92 International Review of the Red Cross (IRRC)(2010) 259, at
266.
14 Tenth Annual Report of the Secretary-General on Conflict-Related Sexual Violence, UN Doc. S/2019/
280, 29 March 2019.
15 J. O’Connell, ‘Gambling with the Psyche: Does Prosecuting Human Rights Violators Console
their Victims?’ 46 Harvard International Law Journal (2005) 295; V. Patel, ‘Improving Access to
Psychological Treatments: Lessons from Developing Countries’, 49 Behaviour Research and
Therapy (2011) 523.
16 S.F. Ribeiro and D. van der Straten Ponthoz, International Protocol on the documentation and
investigation of sexual violence in conflict. Best Practice on the Documentation of Sexual Violence as a
Crime or Violation of International Law, United Kingdom Foreign and Commonwealth Office,
March 2017, available online at https://assets.publishing.service.gov.uk/government/uploads/
system/uploads/attachment_data/file/598335/International_Protocol_2017_2nd_Edition.pdf
(visited 28 January 2020).
430 JICJ 18 (2020), 425–448

Sexual violence has a widespread impact. It affects victims at the individual,

family and community levels.17 The consequences can be long-term and inter-
generational for the persons abused and their environment.18

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Literature on trauma identifies several outcomes associated with CSRV,
including those that are physical, psychological and social in nature.19
Although these outcomes are presented separately here, they are intertwined
when displayed in survivors’ everyday lives.
Initial physical consequences of rape and sexual assault include injuries to
the genital areas or other parts of the body (eg bruises, abrasions, deep injuries
and fistula). As immediate physical effects of sexual assault, survivors may also
contract sexually transmitted diseases, such as HIV, gonorrhoea, or chlamydia,
or develop chronic gynaecological conditions. Sexual assault may lead to un-
wanted pregnancy or infertility. Survivors are also affected in their cognitive,
emotional and behavioural functioning as trauma has a lasting impact on the
neurobiological human structure and the stress response system.20 The most
common psychological consequences of CRSV include post-traumatic stress
disorders, depression, anxiety and mood disorders. Survivors’ wellbeing may
also be undermined by a deteriorated self-efficacy, lowered self-esteem and
feelings of guilt and shame.21
Survivors of CRSV may also be severely impacted by the way their commu-
nity and law enforcement personnel react to sexual violence. Discrimination
and stigma by justice representatives against victims are often registered in
post-conflict societies and, depending on their cultural background, survivors
may also be blamed for what happened to them and isolated from their
community.22
For instance, before the practice of bacha-bazi (‘the use of boys as sex slaves
by men in positions of power’)23 was criminalized in the revised Afghan Penal
Code, which entered into force in February 2018, victims were not only
blamed and stigmatized by their community, but also risked prosecution for
homosexuality. Thus, victims were highly reluctant to report sexual abuse due
to the concrete risk that they themselves would be charged. While this change
in law cannot be considered by itself sufficient for ending the phenomenon of
under-reporting, enacting prohibitions of child sexual assault might constitute

17 E. Josse, ‘They Came with Two Guns: the Consequences of Sexual Violence for the Mental
Health of Women in Armed Conflicts’, 92 International Review of the Red Cross (IRRC)(2010)
177.
18 R. Yehuda and A. Lehrner, ‘Intergenerational Transmission of Trauma Effects: Putative Role of
Epigenetic Mechanisms’, 17 World Psychiatry: Official Journal of the World Psychiatric Association
(2018) 243.
19 UN Doc. S/2019/280, supra note 14.
20 B. Van Der Kolk, The Body Keeps the Score: Brain, Mind, and Body in the Healing of Trauma
(Penguin 2014).
21 P. Bouvier, ‘Sexual Violence in Armed Conflict’, 96 IRRC (2014) 565.
22 K. Delbyck, Rape Myths in Wartime Sexual Violence Trials, TRIAL International (2017), available
online at https://trialinternational.org/wp-content/uploads/2018/01/20180112-TRIAL-Rape-
Myths-ENG-WEB.pdf (visited 28 January 2020).
23 Children and Armed Conflict, UN Doc. A/68/878-S/2014/339, 15 May 2014.
 A Sustainable Psychosocial Model to Support National Investigations 431

an initial step for national jurisdictions to ensure full investigation and pros-
ecution of, in this case, bacha-bazi, including those perpetrated by the Afghan
National Police and military.24 This consideration is crucially relevant to na-

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tional legislations when conceptualizing victims and reflecting upon the re-
sponsibility of the justice system to them.
The above psychosocial and physical consequences of sexual violence can be
understood as factors that constitute obstacles for survivors to come forward,
limiting the capability of national jurisdictions to collect evidence.25
When the first international tribunals responsible for prosecuting crimes of
GBV were established, researchers started to question whether appearing in
criminal proceedings would be retraumatizing for survivors, or if doing so
could contribute to their psychological recovery. Some authors detailed the
difficulties faced by witnesses on the stand, describing the limitations on
how survivors can tell their stories during testimony as well as how survivors
might perceive their treatment by lawyers and judges in the courtroom.26
Indeed, in order to assist witnesses appearing in international trials, specialized
units with expertise in psychosocial support were created in all international
courts.27 Some national jurisdictions also followed the international example,
offering witnesses the assistance of mental health professionals.28
Unfortunately, to date, little research has been conducted in international
courts that systematically analyses the impact of appearing in legal

24 Conflict-Related Sexual Violence, UN Doc. S/2019/280, 29 March 2019.

25 O’Connell, supra note 15.
26 P.M. Wald, ‘Dealing with Witnesses in War Crime Trials: Lessons from the Yugoslav Tribunal’,
5 Yale Human Rights and Development Journal (2002) 236; M. Staggs-Kelsall, and S. Stepakoff,
‘When We Wanted to Talk about Rape: Silencing Sexual Violence at the Special Court
for Sierra Leone’, 1 International Journal of Transitional Justice (IJTJ) (2007) 355; V. Pupavac,
‘International Therapeutic Peace and Justice in Bosnia’, 13 Social and Legal Studies (2004) 377.
27 Victims and Witnesses Units exist within the ICTR (Rule 32 IRMCT RPE), ICTY (Rule 34 ICTY
RPE), ICC (Art. 43(6) ICC RS), SCSL (Art. 16 SCSLSt.), STL (Art. 12(4) STLSt.), and the ECCC
(Rule 12bis ECCC Internal Rules). These Units were created to address protection and the
psychosocial and logistical needs of witnesses.
28 See e.g. the cases of Bosnia and Herzegovina, Croatia and Serbia. These countries have created
specialized units within their judicial systems to provide psychosocial assistance to survivors
appearing in war crimes trials. See J. Mujkanović, Development of a Witness and Victim Support
System. Croatian Experience: Good Practices and Lessons Learned, United Nations Development
Programme (UNDP) Regional Centre for Europe and the CIS (2014), available online at
https://www.eurasia.undp.org/content/dam/rbec/docs/UNDP-CROATIA%20-%20Witness%20and
%20Victim.pdf (visited 28 January 2020); R. Gebelein, Capacity Needs Assessment for Enhancing
Provisions of Victim/Witness Support during the Pre-Investigative Stage of Criminal Proceedings in
Bosnia and Herzegovina, UNDP (2013), available online at https://www.ba.undp.org/content/bos
nia_and_herzegovina/en/home/library/crisis_prevention_and_recovery/capacity-needs-assessment-
for-enhancing-provision-of-victim-witn.html (visited 28 January 2020); Multi-Donor Trust Fund
for Justice Sector Support in Serbia (MDTF-JSS), World Bank, Overview of Existing Victim Support
Services in Serbia, June 2017, available online at https://victimsupport.eu/activeapp/wp-content/
files_mf/1506075470MDTF_Mappingreport.pdf (visited 28 January 2020). See also S. Horovitz,
‘How International Courts Shape Domestic Justice: Lessons from Rwanda and Sierra Leone’, 46
Israel Law Review (2013) 339.
432 JICJ 18 (2020), 425–448

proceedings on survivors of CRSV.29 These studies cannot be considered rep-

resentative of the whole population of witnesses,30 but their results do indicate
that the majority of participants describe their experience of testimony as

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positive.
Nevertheless, the question of whether testifying may positively contribute to
the psychological recovery of survivors remains unanswered and further re-
search is required on this topic.
Keeping in mind the potential negative impact that can result from partic-
ipating in criminal proceedings and striving to maximize survivors’ willingness
to come forward, national jurisdictions should view victims of CRSV as active
agents of change and not merely recipients of services.31 This alternative mind-
set avoids a passive welfarism that fosters an incorrect perception of survivors
as unable to make their own life decisions after the traumatic event. Instead,
recognizing victims as capable of determining the best options for themselves
decreases the risk of re-traumatization and shifts the attitude to one of em-
powerment and ‘do no harm’,32 whereby national jurisdictions ensure that
survivors’ safety and dignity are at the centre of the entire documentation
process.33
Survivors’ rights should guide criminal investigations and prosecution as
much as the provision of services and support. Those rights refer not just to
the specific legal rights of victims (namely, their rights to truth, remedy and
participation),34 but also to the general human rights framework that includes,
among others, the right to health, to religion and belief and to work. Legal

29 Human Rights Centre at UC Berkeley School of Law, Bearing Witness At The International
Criminal Court: An Interview Survey of 109 Witnesses, June 2014, available online at https://
www.law.berkeley.edu/files/HRC/Bearing-Witness_FINAL(3).pdf (visited 28 January 2020);
K. King et al., Echoes of Testimonies. A Pilot Study into the long-term impact of bearing witnesses
before the ICTY, International Criminal Tribunal for the former Yugoslavia (ICTY), October
2016, available online at https://www.icty.org/x/file/About/Registry/Witnesses/Echoes-Full-
Report_EN.pdf (visited 28 January 2020); S. Stepakoff, G.S. Reynolds, and S. Charters, ‘Self-
Reported Psychosocial Consequences of Testifying in a War Crimes Tribunal in Sierra Leone’, 4
International Perspectives in Psychology (2015) 161; R. Horn, S. Charters, and S. Vahidy,
‘Testifying in an International War Crimes Tribunal: the Experience of Witnesses in the
Special Court for Sierra Leone’, 1 IJTJ (2009) 135.
30 The Human Rights Centre’s study surveyed 109 International Criminal Court (ICC) witnesses
(the majority coming from the Democratic Republic of Congo), see Human Rights Centre, supra
note 29; the ICTY study involved 300 witnesses (all from the territory of the former
Yugoslavia), see King et al., supra note 29; Stepakoff’s study surveyed 147 Special Court for
Sierra Leone (SCSL) witnesses from Sierra Leone, see Stepakoff, Reynolds, and Charters, supra
note 29.
31 Herman, supra note 8.
32 This obligation refers to the ethical principle that practitioners should be fully aware of the
potential negative impacts of documentation on victims. It also includes the mandate that
measures should being prepared and put in place to prevent or minimize the harm that may
be caused, see Ribeiro and Straten Ponthoz, supra note 16.
33 Ribeiro and Straten Ponthoz, supra note 16.
34 GA Res. 60/147, 16 December 2005.
 A Sustainable Psychosocial Model to Support National Investigations 433

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Figure 1. The psychosocial model to support CRSV survivors

jurisdictions should embrace a bottom-up approach rather than the legalistic,

top-down ideology that often predominates in CRSV victims’ assistance.35
This model precisely aims at overcoming the justice paradox wherein the
justice system efficiently punishes perpetrators but is incapable of fulfilling the
individual needs of victims.36

3. The Psychosocial Model

This model identifies indispensable psychosocial services for survivors along the
traditional timeline of judicial proceedings. While the authors are aware of the
additional levels of care involved in the process of testifying (e.g. protection,
logistics and legal), this article focuses on the necessity of integrating a psy-
chosocial component into each phase of the criminal justice process.37
For clarity, the authors frame these services in three main phases of inter-
vention (Figure 1). However, these distinctions are intended to be simply illus-
trative since, depending on the law of the national jurisdiction, phases may in
fact overlap or influence, directly or indirectly, the another’s success or failure.
Most importantly, survivors do no perceive these phases as separate, but rather
see the judiciary as one unified entity.
The best practices included in each phase are aspects of widely accepted
theories and already established practices in the area of care and support for
victims of violence.38

35 K. McEvoy, ‘Beyond Legalism: Towards a Thicker Understanding of Transitional Justice’, 34

Journal of Law and Society (2007) 411.
36 J. Doak, ‘The Therapeutic Dimension of Transitional Justice’, 11 International Criminal Law
Review (2011) 263.
37 O’Connell, supra note 15.
38 S. Stepakoff et al., ‘A Trauma-Informed Approach to the Protection and Support of Witnesses in
International Tribunals: Ten Guiding Principles’, 9 Journal of Human Rights Practice (2017) 268;
Human Rights Centre, supra note 29; King et al., supra note 29.
434 JICJ 18 (2020), 425–448

A. Investigation and Pre-testimony Phase: Safety and Needs

This model defines the investigative phase as the period during which survivors
are identified as potential sources of evidence but not yet as potential wit-

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nesses, while the pre-testimony phase encompasses all interactions with sur-
vivors once selected as witnesses for the case. In the pre-testimony phase,
survivors are not under the purview of investigators anymore, but become
actors of the court.
Our discussion of these initial phases focuses on an expanded definition of
safety and on the importance of early assessment of survivors’ needs to suc-
cessfully implement tailored services.

1. Safety
National institutions are requested to provide witnesses with a safe environ-
ment for their interactions with judicial staff. While it is beyond the aims of
this article to discuss protective measures, risks and threat assessments for
witnesses, the authors recognize a psychological side of the concept of safety.
Besides being a security matter, safety also includes what the authors consider
as the perception of feeling secure beyond any practical security issues.
Security cannot exist if the individual does not feel psychologically safe and
psychological safety cannot be established if security is not guaranteed.
In this sense, it is recommended that investigators are capable of performing
a pre-interview assessment of the potential risks affecting each individual. This
relies upon investigators’ awareness and knowledge of potential pre-existing
local threats (e.g. ethnic and confessional divisions or tribal dynamics affecting
a certain geographical area) and those specifically reported by the survivors
themselves. It is important to stress that the survivors’ perception of threat
might not reflect investigative concerns at this stage. Nevertheless, it is im-
portant that law enforcement and judicial personnel, when possible, follow the
lead of the survivors as they are likely more cognizant of the hidden social
dynamics that affect their own perception of safety. Thus, the survivor should
determine the pace and concerns of the first meeting.
For instance, as drawn from the experiences of the authors, a Muslim re-
turnee to a Serb-populated area in Bosnia–Herzegovina may perceive the sur-
roundings as threatening and hostile regardless of the absence of reported
security incidents in the past decades. As another example, a Cambodian sur-
vivor of the Pol Pot regime might not feel psychologically safe enough to speak
to investigators at home about his or her survival experience if a neighbouring
house hosts a former Pol Pot supporter.
Psychological safety may also be affected by a lack of clarity on confidenti-
ality. The fact that judicial personnel are bound by confidentiality should be
clearly spelled out as this ethical practice lays good ground for initiating genu-
ine and trustworthy rapport with victims.
In addition, because of the private nature of sexual crimes (and the stigma
connected to them), sharing their stories with judicial officers, who are
 A Sustainable Psychosocial Model to Support National Investigations 435

complete strangers, requires further effort from survivors.39 It is important that

victims are informed on the limitations of confidentiality within the investiga-
tive team and the potential transfer of information to the judiciary for trial

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purposes.
For instance, the authors recall survivors from Bosnia–Herzegovina who
gave key statements after the war but were not properly informed of the
possible progression of their cooperation with the judiciary. Years later, they
were surprised and confused when called to testify.
Confidentiality refers not only to the information provided to investigators by
victims but also to the modalities of interaction between judicial actors and
survivors. For instance, when an investigative team contacts a survivor over
the phone, they should not assume that family members are aware of the
survivor’s participation in the investigative phase.

2. Needs Assessment
After a conflict, survivors of CRSV may face a range of issues that impact their
psychological wellbeing or aggravate their process for redress.40
Information about the survivor should be recorded at the very beginning for
appropriate measures to be put in place. This information may include the
survivor’s age, ethnicity, religion, cultural perspective, traditions and beliefs,
gender identity, occupation, level of literacy, knowledge of language, physical
or mental ability, educational background, political affiliation, socioeconomic
status and urban or rural setting. After survivors give their consent, relevant
information should be shared among colleagues so that it is considered in
further contacts and not asked for again. Such a practice fosters a sense of
care and respect and enables survivors to know that their rights and wellbeing
are acknowledged and taken into consideration. Additional information regard-
ing medical condition, physical disabilities, psychological wellbeing and emo-
tional vulnerability should also be collected as these always have the potential
to impact survivors’ cooperation with the judiciary.
Investigators and judicial staff should conduct more detailed psychological
profiling and map the survivor’s potential emotional and/or physical vulner-
abilities, which may include current emotional state, the likely impact of recall-
ing traumatic events, the relationship between the survivor and the alleged
perpetrator(s), and whether the survivor is currently in a safe environment.
Understanding these vulnerabilities will help identify the measures that will
facilitate discussion of the violence suffered.

39 N. Henry, ‘The Impossibility of Bearing Witness: Wartime Rape and the Promise of Justice’, 16
Violence Against Women (2010) 1098.
40 WHO, Mental Health and Psychosocial Support for Conflict-Related Sexual Violence: Principles and
Interventions (2012), available online at https://apps.who.int/iris/bitstream/handle/10665/
75179/WHO_RHR_HRP_12.18_eng.pdf;jsessionid¼9630E88D0727C673FE9DC176BFAAC
452?sequence¼1 (visited 28 January 2020).
436 JICJ 18 (2020), 425–448

To avoid re-traumatization, it is important that interactions do not trigger

feelings and reactions associated with the original trauma. For this purpose,
investigators and prosecutors should receive specific training on interview

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techniques that foster the use of soft skills and a non-confrontational ap-
proach.41 As it is not always possible to avoid re-traumatization, staff should
also be prepared to deal with possible emotional and physical responses, which
survivors may not be able to control. Indeed, it would be useful to have a
mental health expert present the first time sexual violence is discussed.
Survivors should be informed in advance that sexual violence will be addressed
during the meetings and there should be enough time scheduled for them to
approach the subject at the pace they deem appropriate.42 It is also recom-
mended that previous emotional reactions to this subject and existing coping
strategies are explored before starting the conversation.
All information regarding survivors’ personal backgrounds, medical situa-
tions and psychological profiles will facilitate tailoring services around their
needs (i.e. logistical elements such as travel to the interview or court, recep-
tion, accommodation, food and arrangements for an accompanying support
person).
Still, given the harsh living conditions in most post-conflict countries, it may
be hard for survivors to engage with judicial actors if their basic needs (e.g.
housing, a stable livelihood or healthcare) are not guaranteed and they still
struggle with precarious socioeconomic conditions. It is not expected that the
judiciary takes over the state’s responsibilities for care, but investigators and
judicial staff should be able to refer survivors to existing agencies that can
provide assistance. It is important to note that the survivors’ involvement in
the judicial process may last for years. A strong referral network is necessary
for survivors to receive adequate support throughout it.
It is also important to note that good relationships with local communities and
civil society are necessary to allow for survivors to receive the assistance states
may fail to provide. Indeed, victims’ groups and non-governmental organizations
(NGOs) may constitute a strong support for survivors and help them reinstall a
sense of belonging to their own community. Investigators and judicial staff
should not underestimate the value of these organizations, and an ongoing dia-
logue with them may offer fruitful insights for the short and long term.43

B. Testimony Phase: Support Measures and Coordination

This phase refers to the interactions of survivor–witnesses with court staff,
including the calling parties and judges. For practical reasons, this model
defines the testimony phase as the period during which witnesses are an active

41 Among others, the PEACE mode, developed by the British Police Forces in the 1990’s, offers a
good example.
42 J. Mertus, ‘Shouting from the Bottom of the Well: The Impact of International Trials for
Wartime Rape on Women’s Agency’, 6 International Feminist Journal of Politics (2004) 110.
43 See section 2.C.
 A Sustainable Psychosocial Model to Support National Investigations 437

component of the judicial proceedings. This phase spans from the time that wit-
nesses begin their travel to court to when they return to their places of residence.
This phase calls for an understanding of the impact that trauma has on

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individuals as it relates to the experience of surviving overall as well as to the
risk of being retraumatized through the testimony process. (Re-traumatization
might occur if the offenders are present in the courtroom, cross-examination
becomes particularly challenging, or the survivor feels disrespected by court
staff for his or her suffering).44
During this phase, national jurisdictions should consider potential CRSV
witnesses’ general lack of familiarity with the judicial framework,45 the intim-
idating aspects of sharing personal details with strangers (i.e. the court staff
and judges), and the potential fear of retaliation for their collaboration with the
institution. Judicial actors must receive advanced training on trauma and its
psychophysiological consequences. Finally, a set of support measures should be
established and coordinated among the different actors of the court, who all
need to be briefed on the peculiarities of each witness so that they can tailor
services as much as possible.

1. Support Measures
The authors underline a series of best practices that can guide this important
phase of interaction with survivors.
An initial contact with a mental health expert will help survivors reflect on
their expectations of the testimony experience, to think of potential difficulties
that may arise while on the stand, and to detect available coping strategies to
rely upon while testifying. This initial psychological briefing shall take place, if
possible, days before the testimony as it will work as a preventative strategy
that reduces stress reactions and optimizes the quality of evidence.
Developed as a common support practice at the Special Tribunal for Lebanon
(STL), this initial semi-structured briefing should include an explanation of the
roles of victims’ support actors (or the witnesses’ focal point) and the limita-
tions of confidentiality in the judicial setting. A psychosocial assessment should
also be conducted, which will serve as a baseline reference for monitoring
witnesses’ reactions during testimony. Witnesses should be briefed on common
physical, emotional and psychological reactions to stressful events as a meas-
ure to normalize potentially negative symptoms once in front of the court.
With the witness’ consent, it is important to share the outcomes of this briefing
and the strategies planned for positively maximizing interactions with the ju-
dicial institutions and the rest of the team in charge of supporting the survivor.

44 M. Dembour and E. Haslam, ‘Silencing Hearings? Victim Witnesses at War Crimes Trials’, 15
European Journal of International Law (2004) 151.
45 For an extended discussion about the advantages of proofing for those jurisdictions which allow
it, see United Nations Interregional Crime and Justice Research Institute (UNICRI), ICTY Manual
on Developed Practices (2009), available online at https://www.icty.org/x/file/About/Reports%
20and%20Publications/ICTY_Manual_on_Developed_Practices.pdf (visited 28 January 2020).
438 JICJ 18 (2020), 425–448

Doing so will guarantee timely coordination and access to relevant information

as needed.
Moreover, an additional explanation of witnesses’ rights and obligations has

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to become part of the practices embedded in these interactions between wit-
nesses and national jurisdictions. In this regard, a tour of the courtroom where
the testimony will take place facilitates a cognitive visualization of the spaces
and actors involved, reducing witnesses’ anxiety of testifying in an unknown
and potentially intimidating environment. Lawyers who will be present during
the hearings should be part of this familiarization so that the survivors have
the opportunity to meet them in person at least once before testifying.
Once the whole process and its potential emotional impact have been
explained, survivors may be provided with very practical activities (e.g. walks,
city visits or outdoor activities in line with their protective measures) while
awaiting testimony. These activities reduce the sense of isolation often experi-
enced by survivors who are away from home, in an unknown context, and
without family or social support, and consequently strengthen their capacity to
react once on the stand. Such activities do not include high financial costs and
could be performed by any actor of the court trained in witness trauma
vulnerabilities and emotional intelligence.
During the testimony sessions, in-court mental health or behavioural experts
can offer a set of services to protect witnesses’ mental health. In particular,
experts are called to provide, where appropriate, continuous support during
breaks in testimony in order to facilitate the witness’ overall testimony experi-
ence and, through stress management and relaxation techniques, mitigate the
risk of re-traumatization.
At the end of the testimony, a debriefing in the form of a Post-Testimony
Psychological Assessment is recommended.46 The aim of this assessment is
twofold. First, it provides witnesses with meaningful emotional closure. This
practice, if properly conducted, might also impact how witnesses will discuss
their experience of court with other potential witnesses, thus indirectly influ-
encing the reputation of that court within the local community. Secondly, it
creates the opportunity for witnesses to share their feedback on the quality of
the services received and to report any residual non-psychological matters.
Any further concerns that might arise at the end of testimony should be
discussed and addressed later in a multidisciplinary team comprised of, for
instance, the protection and witness support staffs and the calling party.

2. Coordination
The support practices described above are not isolated from other judicial
activities in which witnesses are involved; on the contrary, these are

46 The Victims and Witnesses Unit at the STL identified the need for incorporating this step as a
good practice. This was based on the latest research on the preventative role of support for
victims of crime and the direct positive inputs received by witnesses and victims called to testify
in the main case, Ayyash et al. (STL-11-01/T/TC).
 A Sustainable Psychosocial Model to Support National Investigations 439

intertwined and need to be coordinated with existing services. For example, a

witness reporting a mobility issue to counsel would be deprived of a hassle-free
trip to the place of testimony if the calling party fails to give timely notice

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of this concern to the court staff responsible for witnesses’ logistical
arrangements.
Additionally, the coordination of all services is fundamental to tailoring
activities to survivors’ needs. Providing survivors with a coherent set of activ-
ities will increase their perception of being properly looked after and a smooth
judicial process, and consequently foster an image of a coherent institution on
which trauma survivors can rely.

C. Post-testimony Phase: Follow-up and Referral Network

This phase addresses the needs and issues survivors may face after completing
their testimony. It is important that, in this phase, survivors are given an
opportunity to reach a meaningful closure of their experience. Furthermore,
the way in which court actors interact with survivors contributes to the mean-
ing they will assign to their participation in the proceedings, shaping their
satisfaction with the justice system in general.

1. Follow-up
The experience of testimony does not end in the courtroom and survivors
may face a number of issues deriving from their participation in the proceed-
ings. Accordingly, services provided during the proceedings should expand
beyond the day of testimony. Studies with witnesses in international tribu-
nals report that witnesses welcome post-testimony follow-up and that such
contact is important to avoid feelings of being abandoned and used by the
justice system.47 For instance, the authors recall that some witnesses in
former Yugoslavia felt the judiciary addressed their needs up to the day of
testimony while ignoring their concerns after that. The lack of follow-up
contact often made witnesses lose trust in the judicial system. If follow-up
contact with survivors is not possible, local focal points should be created.
Trials can last for months and witnesses, even when not actively involved
anymore, may still feel that they are part of the proceedings until final
judgements are issued.
A survivor-centred approach entails ensuring that survivors are able to
address their concerns and fears clearly and expeditiously, bypassing any bur-
eaucracy or paperwork. For this purpose, national jurisdictions should establish
specific legal focal points who can apprise victims of the state of the proceed-
ing, such as the upcoming issue of judgement or the possible release of the
accused. Such focal points should also communicate, if relevant, the status of

47 Human Rights Centre, supra note 29; Stepakoff, Reynolds, and Charters, supra note 29; King
et al., supra note 29.
440 JICJ 18 (2020), 425–448

reparations and gather any further information on behalf of survivors from

within the judicial system.48
Obviously, the possible post-testimony needs of witnesses who appeared in

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CRSV trials go beyond supplying this information on the proceedings. Issues
may arise in the fields of support or protection that go beyond the mandate
and capabilities of the judiciary. Nonetheless, it is key to a survivor-centred and
trauma-informed approach that survivors’ requests do not go unaddressed. It is
precisely the limitation of the judiciary mandate that dictates the development
of a strong referral network that can properly address potential post-testimony
issues.

2. Referral Network
Building a referral network must be grounded in an understanding of the
impact that testimony may have on individuals. Survivors testifying before
any national jurisdiction may face various consequences: psychological, per-
haps as a result of re-traumatization; legal, such as being sued because of their
testimony; or societal, including ostracization from their community in re-
sponse to the testimony.
For some survivors, the testimony may trigger serious psychological reactions
in the aftermath of cooperation with the court. Although many survivors arrive
at trial having dealt with their past traumatic experience, some may start this
process of personal recovery from trauma only after participating in judicial
proceedings and exposing their stories to a broader public. Additionally, survivors
may be called to testify about their traumatic experience in multiple subsequent
trials. This prolonged involvement with the judiciary does not always facilitate
rehabilitation. Instead, in some instances, it prevents survivors from putting aside
their trauma by forcing them to constantly recall and describe their suffering.
In such cases, survivors may feel caught between their willingness to contribute
to the justice system and their desire to cease their participation.
The authors recall several cases of witnesses in former Yugoslavia who were
called to testify in different trials even decades after the conflict. Although it
would be impossible to prosecute CRSV without witnesses, considerations of
the burden imposed on survivors should be balanced with requests for their
participation in legal proceedings. The so called ‘interest of justice’ should not
prevail over the survivors’ right to regain their psychological wellbeing after
the conflict.
In order to assist survivors after their participation in legal proceedings, a
strong referral network with both governmental organizations and NGOs needs
to be created. In post-conflict countries, national institutions may be weak and
unable to guarantee basic services to their overall population. The burden of

48 Human Rights Centre at UC Berkeley School of Law, The Victims’ Court? A Study of 622 Victim
Participants at the International Criminal Court (2015), available online at https://www.law.
berkeley.edu/wp-content/uploads/2015/04/The-Victims-Court-November-2015.pdf (visited 28
January 2020).
 A Sustainable Psychosocial Model to Support National Investigations 441

assisting survivors of CRSV is often left to NGOs whose activities heavily de-
pend on external donations and may therefore be irregular. Although this
situation is not ideal, it is still important that all existing organizations cooper-

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ate and coordinate their services. In this regard, courts, through the establish-
ment of a wellbeing focal point, might be able to screen potential service
providers against standard quality criteria driven by the most common needs
of their witnesses.
Such coordination is important because it avoids survivors having to meander
between existing services that are usually hard to access and that require ex-
tensive determination to reach. A good example is found in Bosnia–Herzegovina
where the NGO sector advocated for and realized a cooperation among agencies
providing services to witnesses of war crimes (e.g. centres for legal assistance and
social work, the office of the prosecutor, the police, NGOs, etc.). The cooperation,
formalized by an official protocol, demonstrates a multi-sectorial referral pathway
that takes care of survivors at all stages of the judicial process in a systematic
and reliable way and prioritizes survivors’ needs.49

4. Cross-cutting Elements
Although the proposed psychosocial model is presented along the main phases
of survivors’ involvement within the justice system, elements common to all of
the phases exist. The authors believe these cross-cutting elements should al-
ways guide interactions with CRSV survivors if they aim to be respectful of
their dignity and avoid causing further harm.

A. Informed Consent and Provision of Information

When meeting with judicial actors, survivors should be made aware of the
goals and reasons for the exchange, with whom the information collected will
be shared, and their right to withdraw their consent at any time. This pro-
cedure can be made into a template that has to be discussed and signed at the
beginning of the initial interaction.
Most importantly, gaining informed consent is not simply getting consent. It
is the responsibility of the team to ensure that victims, in accordance with
their level of literacy, clearly understand the implications of consenting — with
the caveat that survivors may only have a full understanding of their partici-
pation and its consequences with time. Informed consent also grants confiden-
tiality, which allows for the protection of survivors’ dignity, relevant especially
when they might be reluctant or unable to talk about their experience.50

49 For more information on protocols for witness support in Bosnia-Herzegovina, see Medica
Zenica, Cooperation, available online at http://medicazenica.org/en/cooperation/ (visited 20
January 2020).
50 OHCHR, Manual on Human Rights Monitoring, Chapter 11: Interviewing (2011), available online
at https://www.ohchr.org/Documents/Publications/Chapter11-MHRM.pdf (visited 28 January
2020).
442 JICJ 18 (2020), 425–448

A common perception for anyone who survives a crime, regardless of its

specific nature, is helplessness. Since it is the judicial actors who have the
control in survivors’ engagement with the proceeding, they should consider

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when exercising it the survivors’ specific need to re-establish and gain their
own sense of control.51
The timely and thorough sharing of relevant information with potential
witnesses throughout the process is essential. This information may include
court scheduling (e.g. tentative travel dates and trial agenda), available support
services, the duration of testimony, the court’s expectations of witnesses, the
involved parties’ and witnesses’ rights and obligations, the focal point(s)’ con-
tact details, and witnesses’ entitlements. Similarly, the provision of information
is a crucial factor in effective monitoring and managing of survivors’ expect-
ations, which may stem from an initial lack of knowledge about the judicial
system, its functioning, and their own role within it.

B. Trust
Building trust with survivors is critical for investigative and prosecuting author-
ities.52 Victims and survivors are in fact too often seen by law enforcement and
judiciary agencies as mere sources of information. By contrast, survivors may
feel uneasy in front of officers who represent state authority and therefore
refrain from honestly sharing their concerns. Such perceived power imbalance,
coupled with the aforementioned feeling of helplessness that survivors may
experience as a consequence of sexual violence, often creates suspicion and
an inability to trust and interact with others.53 Thus, helping survivors estab-
lishing meaningful relationships within this context indirectly supports them
regain some control over their lives.54 It might also serve the purpose of
restoring a sense of self-efficacy, which can strengthen the victim’s willingness
to cooperate with the judiciary.
Developing trust requires good communication skills. To build rapport with
victims, judiciary staff are encouraged to apply active listening,55 which
puts the survivor at the centre of the interview. This includes asking questions
that encourage the speaker to elaborate on his or her beliefs or feelings.
If individuals are properly trained in this technique, they are able to create

51 J.L. Herman, ‘The Mental Health of Crime Victims: Impact of Legal Intervention’, 16 Journal of
Traumatic Stress (2003) 159.
52 P. Gopalan et al., ‘Proving Crimes of Sexual Violence’, in S. Brammertz and M. Jarvis (eds),
Prosecuting Conflict-Related Sexual Violence at the ICTY (Oxford University Press, 2016);
International Criminal Tribunal for Rwanda (ICTR), Prosecution of Sexual Violence, Best
Practices Manual for the Investigation and Prosecution of Sexual Violence Crimes in Post-Conflict
Regions: Lessons Learned from the Office of the Prosecutor for the International Criminal Tribunal for
Rwanda, 30 January 2014, available online https://unictr.irmct.org/sites/unictr.org/files/legal-
library/140130_prosecution_of_sexual_violence.pdf (visited 28 January 2020).
53 Van Der Kolk, supra note 20.
54 Herman, supra note 8.
55 See section 3.C.
 A Sustainable Psychosocial Model to Support National Investigations 443

empathy in the conversation and build trust by indicating unconditional

regard.56
Being a good listener also means understanding the relevant functions of

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time for CRSV survivors. Aware of the time constraints that each national
jurisdiction faces, the authors nonetheless underline the importance of consid-
ering the sensitivity of the interaction in relation to the amount of time dedi-
cated to survivors. Taking the necessary time should be conceived as a tool
that reinforces trust with survivors and not as an obstacle to judicial activities.
The importance of trust should guide the selection of staff involved in CRSV
investigation and prosecution. When appointing the witnesses’ focal points,
national jurisdictions should consider the existing tensions in post-conflict
communities and try to balance the composition of the team according to
gender, national lines, and any other relevant qualities. Survivors may still
be severely affected by their recent traumatic experience and potentially refuse
to interact with persons who have the same background as their perpetrators.
Judicial personnel should be aware that their own personal features (e.g.
their appearance, language, gender, tribal, and/or confessional affiliation) may
also trigger traumatic memories when they match those of the offenders.

C. Communication
National jurisdictions are invited to reflect on their goals and framework for
communication with CRSV survivors as one of the most important elements
determining positive outcomes in the investigative and prosecution phases.57
Actors interacting with victims of sexual crime might benefit from a formal
discussion on the manner and methods through which communication should
be achieved. The authors warn of the potentially deleterious effects on survi-
vors’ wellbeing if interactions are not conducted in a controlled manner. In
this sense, one of the best practices for minimizing the risk of re-traumatization
is having an understanding of survivors’ backgrounds and potential barriers to
communication that evolves as judicial actors become better at identifying
vulnerabilities and addressing them appropriately. Finally, communication is
grounded in existing power dynamics between survivors and judiciary repre-
sentatives and these too may influence cooperation or resistance.

1. Verbal Communication
All guidelines and best practices for communication are futile if judicial actors
do not know how to speak to survivors of conflict-related sexual crimes. The

56 H. Weger Jr. et al., ‘The Relative Effectiveness of Active Listening in Initial Interactions’, 28
International Journal of Listening (2014) 13.
57 K. Tibori-Szabó et al., ‘Communication Between Victims’ Lawyers and Their Clients’, in K.
Tibori-Szabó and M. Hirst (eds), Victims Participation in International Criminal Justice (T.M.C.
Asser Institute, 2017).
444 JICJ 18 (2020), 425–448

importance of using clear, simple, and logical language cannot be understated.58 For
example, communication is neither adequate nor effective if each side does not
fully understand the other’s words. When the survivors do not speak the same

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language as the judicial personnel, having either a qualified field assistant or
professional interpreter available is essential for a successful exchange and
collection of evidence.
It must be noted that interpreters are not mere tools of translation, but
rather physical and psychological elements of the interaction. With their pres-
ence, interpreters exercise a sensitive role in selecting appropriate shades to
words and concepts. To maximize their expertise, it is required that they be
prepared on the confidentiality boundaries, interview questions, appropriate
terminology, the intended rhythm of the conversation, the need to not overlap
with the survivor’s words, the witness’ background, possible linguistic and
emotional difficulties, and the traumatic experiences themselves. Briefing inter-
preters in advance also minimizes their potential discomfort and optimizes their
capability to grasp the essence of the traumatic evidence. The interpreter’s
body language should be able to mirror that of the interviewer and create a
balanced sense of continuity in the messaging.
Some of the key verbal signs of active listening are also themselves very
useful techniques59 for improving communication with survivors. Verbal signs
of active listening include, among others: minimal encouragers, or short utter-
ances and questions that let the victim know that the interlocutor is listening,
but do not interfere with the narrative flow; paraphrasing, meaning to state in
one’s own words what was understood by the survivor’s statements; and si-
lence and pausing, which, when used strategically, may prompt the survivor to
fill the gaps and keep talking (rather than create a perception of mistrust or
lack of interest).

2. Behavioural and Non-verbal Communication

Behavioural and non-verbal signs of active listening are equally important
techniques for enhancing communication with survivors. These include, for
example, eye contact (the appropriateness and amount of which may vary
among cultures), posture, encouraging nods, asking open-ended questions,
and mirroring the survivors’ kinesics and speech rate to create a climate of
familiarity. Also, facial expressions or micro-expressions provide a rich source
of non-verbal information, particularly in conveying emotions.
Physical contact with survivors is generally not recommended unless they
specifically invite such a gesture. It should be kept in mind, however, that not
all verbal or non-verbal signs of active listening or physical and personal con-
tact are appropriate in all circumstances and within all cultures. It is important
to acknowledge that building a workable, communicative relationship with
survivors of CRSV takes time. Often, despite the best of efforts, there are failures

58 Ibid.
59 Ibid.
 A Sustainable Psychosocial Model to Support National Investigations 445

and setbacks. Nonetheless, as long as everyone involved sees that it is as a

learning process, the manner and methods of communication can improve and
produce positive results.

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D. Cultural Awareness
For the purpose of this article we define culture as ‘the collective programming
of the mind that distinguishes the members of one group or category of people
from others’.60 Cultural identity is fluid and complex and integrates various
components. Survivors’ worldviews and needs are influenced by their ethnicity,
religion, gender, spiritual and ethical values, and any other element that arises
from their socialization process.61 While it is important to have knowledge and
understanding of different cultural habits, it is also critical for judiciary staff to
be conscious of their own cultural constructs and values and how these may
explicitly or implicitly affect their interpersonal relations.
An awareness of cultural beliefs, traditional customs, religious habits and
other elements that affect and regulate survivors’ everyday interactions can
have a positive impact on professional relationships and improve the trust
discussed earlier that is necessary when engaging with survivors. Though
explored here in the context of CRSV, this attitude goes beyond a simple ex-
ercise in respect for diversity.
Survivors’ cultural identities and contexts are significant in determining the
way they deal with their trauma, their coping strategies, and the societal
response to their suffering. Cultural identity and context inform how victims
of sexual violence name their problems, what they believe caused them, and
what is acceptable and what is abnormal.62 As such, they are fundamental in
shaping the services directed to survivors of CRSV,63 making the awareness of
such elements crucial when working with victims. For example, in
Afghanistan, where sex-related words are considered a social taboo, survivors
often feel more comfortable sharing traumatic details of their sexual violence
with non-Afghan counsellors than with counsellors of their same nationality.
This does not imply that national jurisdictions should employ foreigners as
mental health experts. Rather, national jurisdiction should be aware of the
potentially harmful impact that experts might have on survivors if they are not
sufficiently trained to continuously self-examine and recognize their own ster-
eotypes and stigma. Nobody is immune to the influence of cultural biases,
stereotypes and prejudices when left unexamined.
Moreover, during conflict, violence is often directed against minorities with
different cultural backgrounds. In conflict and post-conflict situations, survivors

60 G. Hofstede et al., Cultures and Organizations: Software of the Mind (3rd edn., McGraw-Hill,
2010).
61 F.A. Ibrahim, ‘Cultural Identity: Components and Assessment’, in F.A. Ibrahim and J.R. Heuer,
Cultural and Social Justice Counseling: Client-Specific Interventions (Springer, 2016).
62 Ibid.
63 Ibid.
446 JICJ 18 (2020), 425–448

may thus give special importance to their cultural identity, particularly if dur-
ing the conflict they were forbidden from exercising their cultural rights.
Multiple variables constitute cultural identity and each of them may differ in

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significance in survivors’ lives. It is advised to discuss with victims which
cultural elements are considered most important and therefore need to be
integrated into the services provided.64 It is common for mainstream cultural
views to become central to the intervention, despite what survivors deem to be
more relevant. For instance, in societies where the collective is prioritized over
the individual, as is the case in many West African and Middle Eastern coun-
tries, interventions that aim at helping the individual will have less of a posi-
tive impact.65
We should not forget that raising cultural awareness among court staff also
opens the possibility of including traditional healing practices in the support
component for survivors. That said, the support should only be embedded in
the survivor’s cultural context if it facilitates recovery in respect of basic stand-
ards of human rights.

E. Psychoeducation, Training and the Risk of Secondary Traumatization

In order to support survivors of conflict-related sexual crime, judicial actors are
not called to become behavioural or mental health experts. However, when
national jurisdictions lack the possibility to recruit or consult a psychologist or
behavioural expert, the following considerations remain valid best practices for
understanding the complexities of trauma and how it affects not just the in-
dividual but the entire judicial system.
Staff should always be aware that each survivor reacts subjectively to his or
her past traumatic experiences. Nonetheless, basic guidelines for interacting with
victims of CRSV should be provided together with training and capacity-building
programmes on trauma on how to recognize signs of emotional or physical
distress,66 its impact on survivors’ lives, risks for triggering traumatic responses
in the course of an interaction with a survivor, protective factors for survivors’
resilience, and the repercussions of trauma for survivors’ memories.67
As a general guideline, the ‘do no harm’ principle represents one of the most
important considerations for potential witnesses. Regardless of how valuable

64 R. Dana, ‘Multicultural Assessment: Research, Training, and Practice’, 35 Regional Research

Institute (2003).
65 A. Nadler, Social Psychology of Helping Relations: Solidarity and Hierarchy (Wiley-Blackwell,
2020).
66 For a checklist on the identification of vulnerable witnesses and other practical checklists for
counsels, see Defence Office of the Special Tribunal for Lebanon, Practitioner’s Handbook on
Defence Investigations in International Criminal Trials, December 2017, available online at
https://www.stl-tsl.org/sites/default/files/documents/guides/Practicioners-Handbook-on-Defence-
Investigations-EN.pdf (visited 28 January 2020).
67 L. Smith, H. Flowe, and W. Kanja, ‘Achieving more with Less: A Critical Review of Protocols for
Forensic Investigation of Sexual Violence in Low-resource Environments’, 1 Forensic Science
International: Synergy (2019) 108.
 A Sustainable Psychosocial Model to Support National Investigations 447

and interesting a witness’ information may be, actors should not engage in
any conduct that might threaten that person’s safety. Selecting team members
who are not trained in this principle constitutes an unnecessary risk for the

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entire judicial process. This also poses a substantial risk for re-traumatizing
survivors and inflicting trauma on staff members, affecting both vital future
interactions and the reliability and admissibility of potential evidence.
Also, all counsel, investigators, judges and non-legal professionals who work
closely with victims of conflict-related sexual crimes (e.g. interpreters, court
staff, security officers and drivers) may be exposed to the risk of secondary
traumatization as they continuously confront traumatic life events. The phe-
nomenon of secondary traumatization, also known as vicarious traumatization
or compassion fatigue, happens when thoughts about a victim’s experience
begin to intrude on a professional’s daily life. It is defined as the stress resulting
from helping or wanting to help a traumatized person, and all providers of
services to traumatized individuals are affected by it to some degree.68
Exposure to traumatic narratives can often result in symptoms of confusion,
apathy, isolation, anxiety, sadness or illness. Several models are available to
assist in recognizing and dealing with these symptoms. Most of them share
basic principles, such as the importance of self-awareness, identifying personal
triggers, and having competent supervision.
According to the authors’ experience, secondary traumatization cannot be
considered an individual responsibility. It is the duty of organizations to pre-
vent burnout and educate their staff on secondary traumatization and its po-
tential implications through training and supervision. Incorporating
information on secondary traumatization into national jurisdictions’ guidelines
on working with CRSV survivors becomes then a practical consideration of the
duty of care principle that is embedded in all national efforts to end impunity.

5. Challenges, Limitations and Future Development

The authors recognize the multifaceted challenges affecting national jurisdic-
tions when dealing with survivors of CRSV. Among them are the direct con-
nection between timely interventions and the availability of expertise and
financial resources, which might be severely limitation for certain jurisdictions.
Also, high numbers of trials and witnesses involved may aggravate national
jurisdictions’ workload and their effort to maintain high standards of ethical
commitment.
For this reason, the current model does not intend to present guidelines that
are universally applicable regardless of the available infrastructure and resour-
ces. It rather offers points of reflection for national institutions developing
policies and practices pertaining to the prosecution of conflict-related sexual
crimes.

68 C. Figley, Compassion Fatigue: Coping with Secondary Traumatic Stress Disorder in Those who Treat
the Traumatized (Brunner-Routledge, 1995).
448 JICJ 18 (2020), 425–448

The model presented here emphasizes how psychological expertise in par-

ticular can concretely support investigative and judicial processes, becoming a
practical tool for the judicial system to holistically face many of the challenges

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survivors endure. It aims at rebalancing the feeling of powerlessness that both
survivors and national tribunals experience, albeit in very different ways, when
addressing the human factor of sexual-related criminal investigations.
Thus, through its different phases and levels of intervention, the model
creates a holistic approach that serves national institutions solving the emo-
tional and psychological dilemmas that survivors often carry long after their
testimony. The model acts as a starting point for national jurisdictions so to
encourage them to incorporate support programmes within the investigative
and judicial phases — ones that are able to offer interlinking services con-
nected to the communities of the survivors. Through these psychological inter-
connections among phases and interlocutors, the model allows for the
necessary continuity before, during, and after testimony, and lasting well be-
yond the final interaction a witness has with the court.
This article also aims at creating a practical framework that can be of use to
practitioners coping with the challenges of supporting victims of conflict-
related sexual crimes. Finally, the authors urge the readers to consider the
features specific to country and context and the needs of each national juris-
diction in order to adapt the best practices discussed here.69 Policy makers are
invited to reflect on the non-legal guiding principles of this model and how
national jurisdictions might benefit from them throughout their practice with
survivors of conflict-related sexual crimes.
The authors hope to offer a paradigm from which national jurisdictions may
find inspiration for overcoming some of the difficulties in the fight against
CRSV impunity.

69 A remarkable example of tailoring best practices in the field of investigating CRSV is given by
the IICI in their practical efforts in adjusting recommendations to specific countries and legis-
lations. See I. Elliott, Supplement to the International Protocol on the Documentation and
Investigation of Sexual Violence in Conflict: Iraq, IICI, March 2018, available online at https://
iici.global/0.5.1/wp-content/uploads/2018/03/Iraq-IP2-Supplement_English_Online.pdf (visited
28 January 2020).