A/HRC/56/CRP.8 32. Under international criminal law, rape and other forms of sexual violence may constitute war crimes when committed in the context of a non-international armed conflict.18 In the context of a widespread or systematic attack against a civilian population, rape and other forms of sexual violence may constitute crimes against humanity. The SAC’s attacks on civilians—in conflict zones, in places of detention, and during violent crackdowns on peaceful protesters—have been both widespread and systematic. 33. While Myanmar has not ratified the Rome Statute of the International Criminal Court, the National Unity Government lodged a declaration with the Court in 2021 under Article 12(3) of the Rome Statute accepting its jurisdiction over crimes committed in Myanmar since July 2002. The Prosecutor has confirmed receipt of the declaration but has neither commented on its validity nor opened an investigation into alleged crimes committed entirely within Myanmar. 34. Under Article 14, ICC member states may request that the Prosecutor initiate an investigation of crimes committed in Myanmar during this period.19 The Prosecutor must issue a decision on the request. If the request is denied, Member States may appeal to the Court. C. Women, peace, and security agenda 35. In 2000, the UN Security Council (UNSC) adopted resolution 1325 on women, peace, and security.20 The resolution called for increased representation of women in mechanisms to prevent, manage, and resolve conflict. It further called on all actors involved in conflicts and peace processes “to adopt a gender perspective,” paying special attention to the needs of women and girls and to fully respect international law applicable to the rights of women and girls, including international humanitarian law and international criminal law. The resolution called on all parties to protect women and girls from gender-based violence and all other forms of violence in armed conflict. The resolution emphasized States' responsibility to prosecute those responsible for serious international crimes, including those relating to sexual and other violence, and the need to exclude these crimes from amnesty provisions. 36. The initial mandate established by resolution 1325 has expanded into a broader framework for protection of women and girls. Since 2000, a total of ten women, peace, and security resolutions have been adopted. These resolutions demand that all parties to armed conflicts completely cease sexual violence and take appropriate measures—such as military discipline, command responsibility, and troop education—to protect women and girls from such violence. The Security Council has urged the United Nations sanctions committees to apply targeted sanctions against parties that perpetrate and direct sexual violence in armed 18 19 20 10 person,” which includes “cruel treatment and torture” and “outrages upon personal dignity, in particular humiliating and degrading treatment.” These violations encompass rape and sexual violence. Rome Statute of the International Criminal Court, Article 8(c). In his recent report to the Human Rights Council, the Special Rapporteur urged States parties to the International Criminal Court to refer the situation in Myanmar to the ICC Prosecutor under Article 14 Rome Statute, and action that would compel the Prosecutor to make a decision on the validity of the National Unity Government’s Article 12(3) declaration. Special Rapporteur on the situation of human rights in Myanmar, “Situation of human rights in Myanmar,” UN Doc. A/HRC/55/65, 14 March 2024, paras. 112 and 122(a). United Nations Security Council, Resolution 1325 (2000), S/RES/1325 (2000), 31 October 2000, https://documents.un.org/doc/undoc/gen/n00/720/18/pdf/n0072018.pdf?token=Xcfeft94gy7AoryNN7 &fe=true.