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The Persistent Shadow: Gender, Transitional Justice, and the Fragile Architecture of Peace

The statistics are stark: nearly 300,000 women and girls are estimated to have been victims of conflict-related sexual violence during the Iraq and Afghanistan wars alone. This horrific reality underscores a fundamental failure within international peacebuilding efforts—a persistent and systemic neglect of the gendered dimensions of conflict and its aftermath. Ensuring justice for survivors and accountability for perpetrators is not merely a matter of human rights; it’s inextricably linked to the long-term stability and cohesion of nations emerging from protracted conflict. The United Kingdom, through its Preventing Sexual Violence Initiative (PSVI), is attempting to reshape this landscape, but its efforts, coupled with broader global trends, reveal a complex and often frustrating battle against entrenched structural inequalities and the enduring power of impunity.

The integration of a gender perspective into transitional justice processes – a central tenet of UK foreign policy – stems from decades of scholarship and activism highlighting how conflict disproportionately impacts women and girls. Rooted in the post-World War II experiences of the Nuremberg trials and the subsequent focus on individual accountability, the current approach builds on this foundation, recognizing that justice cannot be achieved without addressing the specific vulnerabilities created by conflict. However, translating this commitment into tangible outcomes remains a significant challenge, particularly in contexts where patriarchal norms are deeply ingrained and security forces themselves are implicated in abuses. Recent developments in Colombia and Syria, two nations where the UK has invested heavily in PSVI, offer a mixed picture of progress and persistent obstacles.

Colombia’s protracted armed conflict, largely fueled by the involvement of paramilitary groups and, to a lesser extent, state actors, has resulted in a complex and deeply polarized society. While the UK’s support for Colombian civil society organizations working on transitional justice cases has been lauded, the underlying issue of impunity remains a major impediment. The peace accords, signed in 2016, included provisions for the Special Jurisdiction for Peace (JEP), designed to prosecute those responsible for serious crimes, but its effectiveness has been hampered by political resistance and a lack of adequate resources. A 2022 report by the International Crisis Group highlighted that “despite the JEP’s mandate, the pace of prosecutions has been disappointingly slow, and powerful figures implicated in atrocities continue to operate with relative impunity.” This slow pace undermines public trust and significantly reduces the deterrent effect of the justice mechanisms. Moreover, the conflict’s legacy of land dispossession and economic inequality continues to exacerbate the vulnerability of women and girls, increasing their risk of gender-based violence.

Syria, by contrast, presents an even more daunting challenge. The multi-faceted conflict, involving numerous actors including the Syrian government, rebel groups, and extremist organizations, has created a deeply fractured legal and institutional environment. The UK’s investment in PSVI has focused primarily on supporting Syrian civil society organizations working to document and investigate violations of international humanitarian law. However, securing accountability for crimes committed by all parties to the conflict remains a protracted and politically charged process. The Syrian government’s continued obstruction of investigations and its lack of willingness to cooperate with international justice mechanisms has severely limited the effectiveness of PSVI. As Dr. Fatima Al-Khalili, a senior researcher at the Geneva Centre for Security Policy, notes, “The Syrian context is characterized by a profound absence of the rule of law, making it exceedingly difficult to achieve justice for survivors and hold perpetrators accountable.” The challenge extends beyond formal legal processes; deeply entrenched social norms and the ongoing humanitarian crisis contribute to an environment where gender-based violence thrives.

The Preventing Sexual Violence Initiative, despite its noble goals, is frequently criticized for operating within a narrow definition of transitional justice, primarily focusing on formal legal mechanisms. This approach often overlooks the crucial role of social reconciliation, community healing, and addressing the root causes of gender-based violence. A report by the ODI in 2021 identified a key limitation: “PSVI frequently operates as a ‘bolt-on’ to existing justice processes rather than being integrated into a broader, holistic approach.” Moreover, the initiative’s reliance on civil society partners, while vital, can be susceptible to political interference and a lack of strategic coordination.

Looking ahead, the next six months will likely see continued stalemate in both Colombia and Syria, with limited progress on prosecutions or meaningful impact on gender-based violence rates. The long-term (5-10 years) outlook remains equally uncertain, dependent on a constellation of factors including political will, regional stability, and the ability of international actors to overcome entrenched obstacles. However, emerging trends suggest a shift towards more localized and community-based approaches to transitional justice, leveraging the expertise of women’s organizations and incorporating traditional conflict resolution mechanisms. Furthermore, the growing recognition of the interconnectedness between gender equality and security – often referred to as “feminist peacebuilding” – is beginning to gain traction, advocating for a more comprehensive approach that addresses the underlying drivers of conflict and promotes lasting peace. The persistent shadow of gender-based violence serves as a constant reminder that achieving genuine peace requires not just formal justice, but a fundamental transformation of power dynamics and societal norms – a task that demands both strategic investment and unwavering commitment. The question remains: how can the international community, exemplified by initiatives like the UK’s PSVI, effectively translate this understanding into sustained, impactful action, and ultimately, ensure a future where justice is truly inclusive and enduring?

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