Justice for Children Affected by Political Violence

2020 ◽  
pp. 474-507
Author(s):  
Gloria Atiba-Davies
Keyword(s):  
Sierra Leone ◽  
Political Violence ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Significant Information ◽  
International Criminal Tribunals ◽  
Gender Based ◽  
And Gender

This chapter catalogs the list of crimes against and affecting children during conflict and situations of war over which the International Criminal Court (ICC) has jurisdiction. It provides information on the mandate of the International Criminal Tribunals of Yugoslavia and Rwanda as well as the Special Court of Sierra Leone and how they addressed issues relating to crimes against children. The chapter describes the structure and functioning of the ICC. In addition, significant information is presented about the work of the Office of the Prosecutor (OTP) of the ICC relating to investigations and cases including crimes against children. Lastly, it gives an overview of the Sexual and Gender-based Crimes Policy and the Policy on Children of the OTP, which were launched in 2014 and 2016, respectively. Both policies provide the framework within which the OTP will conduct the preliminary examinations, investigations, and prosecutions of those crimes.

First-Class Crimes, Second-Class Justice: Cumulative Charges for Gender-Based Crimes at the International Criminal Court

2011 ◽  
Vol 11 (3) ◽  
pp. 529-541 ◽  
Author(s):  
Laurie Green
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Gender Justice ◽  
Gender Based Violence ◽  
International Criminal Tribunals ◽  
Gender Based ◽  
And Gender

AbstractWhile sexual and gender-based violence crimes are now prosecutable as war crimes, crimes against humanity, and acts of genocide, the Pre-Trial Chamber of the International Criminal Court recently declined to confirm cumulative charges for sexual and gender-based violence in Prosecutor v. Jean-Pierre Bemba Gombo. Born out of the historical tendency of international criminal tribunals to treat rape and sexual violence as secondary crimes, this paper argues that the International Criminal Court is far from achieving true gender justice, or from serving as a deterrent against sexual and gender-based violence crimes. This paper also argues that the ICC's failure in this regard risks undermining the very legitimacy of the Court.

scholarly journals Collective criminality and sexual violence: Fixing a failed approach

2019 ◽  
Vol 33 (1) ◽  
pp. 207-241
Author(s):  
Susana SáCouto ◽  
Leila Nadya Sadat ◽  
Patricia Viseur Sellers
Keyword(s):  
International Criminal ◽  
Criminal Activity ◽  
Criminal Court ◽  
Theory And Practice ◽  
Gender Based Violence ◽  
Criminal Courts ◽  
International Criminal Tribunals ◽  
Gender Based ◽  
And Gender ◽  
Criminal Conduct

AbstractInternational criminal tribunals have developed a number of legal theories designed to hold individuals responsible for their role in collective criminal conduct. These doctrines of criminal participation, known as modes of liability, are the subject of significant scholarly commentary. Yet missing from much of this debate, particularly as regards the International Criminal Court, has been an analysis of how current doctrine on modes of liability responds to the need to hold collective perpetrators criminally responsible for crimes of sexual and gender-based violence (SGBV). Indeed, many writings in this area of the law address perceived shortcomings in the theoretical underpinnings of modes of liability doctrine in the abstract but ignore the application of this doctrine in concreto. As a result, facially neutral writings on modes of liability may in fact be gendered in application, either because they fail to account for the specific characteristics of sexual and gender-based violence or because they are applied in a manner that requires higher thresholds for finding culpability for the commission of SGBV crimes. This article fills the gap between theory and practice, examining past and present doctrine, and suggesting ways in which the treatment of modes of liability by international criminal courts and tribunals can both properly respond to the need for personal culpability and the dangers of collective criminal activity, particularly as regards SGBV crimes.

Hybrid Courts and Amicus Curiae Briefing

2020 ◽  
pp. 351-365
Author(s):  
Sarah Williams
Keyword(s):  
Sexual Violence ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Amicus Curiae ◽  
Gender Based Violence ◽  
International Criminal Tribunals ◽  
Gender Based ◽  
And Gender

This chapter studies the amicus curiae brief drafted for the Extraordinary African Chambers (EAC) regarding sexual violence in order to theorize the appropriate role of such briefing in enabling silenced voices to participate in international criminal tribunals. The term amicus curiae means literally ‘friend of the court’ in Latin. The concept enables actors who are not a party to proceedings (third parties) to provide information that is relevant, but which may not otherwise be brought before the court. Submissions by amicus curiae have influenced the process and judicial outcomes of international and hybrid criminal tribunals, including the International Criminal Court (ICC). This was evident at the EAC. Several international criminal law practitioners and academics submitted an amicus brief to the Chambers highlighting the need to include crimes of sexual and gender-based violence in the charges to be considered by the Chambers (the SGBV brief). The chapter then explores how civil society actors have used amicus curiae briefs to highlight the experiences and needs of women and girls affected by conflict and failures by tribunals to investigate and prosecute sexual violence in other international criminal tribunals.

Preserving Vulnerable Evidence at the International Criminal Court – the Article 56 Milestone in Ongwen

2019 ◽  
Vol 19 (3) ◽  
pp. 373-411
Author(s):  
Paul Bradfield
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Preservation Of Evidence ◽  
Gender Based ◽  
And Gender ◽  
Trial Phase

Article 56 of the Rome Statute allows for the preservation of evidence that may not be available at trial. In 2015, this provision was invoked to record the testimony of seven vulnerable victims of sexual and gender-based crimes in the Dominic Ongwen case. Occurring in the pre-trial phase of the case, before charges were pleaded or even confirmed, this overlooked development sets an important judicial precedent at the International Criminal Court (icc). It represents a milestone precedent for future cases, not just in terms of circumventing situations of witness interference, but more importantly, in safeguarding vulnerable victims and witnesses, and preserving their evidence for any eventual trial.

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