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Why is it so hard given what we know about the widespread and systematic nature of these harms for women in multiple conflicts?

Why is it just so hard to get convictions?

And I would bring us back and remind us of the same dynamic in domestic courts, how difficult

it is to prosecute this crime, partly because we have

evidential challenges. We have evidential challenges because often the only

evidence is the rape victim himself or herself.

That's complicated even all the more in these conflict contexts where you may not have access to a rape kit.

There may not be actual physical evidence that supports the testimonial evidence of a victim. I'm Natalie Orpete executive editor of

Law Fair and this is the Law Fair podcast February 6th, 2024.

Among the many horrific stories emerging out of the conflicts in Ukraine and Israel,

Gaza are instances of sexual and gender-based violence.

It's an issue that is pervasive in many armed conflicts, and yet, even now, it's often treated as an afterthought.

There are a lot of reasons for that, but one of the lesser appreciated ones is the limitations of existing law.

I spoke with Finula Nie Leine, a professor at University of Minnesota Law School and a former

UN Special Rapporteur. We talked about the legal framework around

sexual and gender-based violence, the challenges of prosecuting these acts of

violence as international crimes, and where the law fails.

It's the law fair podcast February 6th, 2024.

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