WPS and the International Criminal Court

Author(s):  
Jonneke Koomen

The International Criminal Court began its work in 2003. The Court’s founding treaty, the Rome Statute (1998), offers an unprecedented legal framework dedicated to ending impunity for sexual and gender-based violence in armed conflict. This chapter examines how the Rome Statute contributes to the Women, Peace, and Security agenda, paying particular attention to the Statute’s definitions of crimes, gender-sensitive rules, commitment to gender expertise, provisions for victim participation and reparations, and its framework for national implementation. Next, the chapter examines the difficulties faced by the Court in institutionalizing the Statute’s gender justice commitments during the first decade of its work, including challenges surrounding the prosecutor’s investigations, charging decisions, and the ICC’s first trials. The chapter points to efforts to strengthen the Court’s gender justice framework and notes the key role of advocates and NGOs in monitoring the Court’s gender justice commitments. The chapter’s concludes by considering ways that WPS advocates can support the Court’s work in challenging international political circumstances.

Author(s):  
Amrita Kapur

This chapter explores the opportunities present in the Rome Statute to promote justice for victims of sexual and gender-based violence in the International Criminal Court (ICC). It focuses on the concept of complementarity to show the ICC’s potential for reform and to catalyze the prosecution of international crimes (genocide, crimes against humanity and war crimes). It then describes the ICC’s broader approach to sexual violence and gender, as well as the domestic impact of this jurisprudence. The chapter concludes by suggesting that the Rome Statute’s standards should be introduced into national law. This could create broader benefits for women and victims of sexual and gender-based violence beyond the prosecution of criminal perpetrators.


2011 ◽  
Vol 11 (3) ◽  
pp. 529-541 ◽  
Author(s):  
Laurie Green

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.


AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 177-181
Author(s):  
Gabrielle Louise McIntyre

When it was adopted in 1998, the Rome Statute of the International Criminal Court (ICC) represented a significant breakthrough regarding sexual and gender-based crimes—crimes that, for centuries, had proliferated in armed conflicts but had been disregarded, mischaracterized, or misunderstood as the inevitable by-products of war or a legitimate part of its spoils. Not only did the Rome Statute explicitly treat a broad range of sexual acts as crimes against humanity and war crimes, but it also recognized gender-based violence as a crime and incorporated a number of provisions aimed at ensuring greater institutional attention to sexual and gender-based crimes. However, abstract possibilities do not always translate into concrete results, and the ICC has been slow to effectuate its innovative statutory provisions. This essay will explore some of the obstacles encountered and opportunities missed by the Court over the last twenty years, as well as highlighting welcome strides made in recent years to fulfill, at least in part, the promise of Rome.


2019 ◽  
Vol 19 (3) ◽  
pp. 373-411
Author(s):  
Paul Bradfield

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.


2021 ◽  
Vol 22 (5) ◽  
pp. 878-893
Author(s):  
Tanja Altunjan

AbstractThe adoption of the Rome Statute of the International Criminal Court (ICC) was widely lauded as a success with regard to the recognition and potential prosecution of conflict-related sexual violence. More than twenty years later, however, many observers are disillusioned with the ICC’s dire track record concerning the implementation of its progressive legal framework. In many cases, the Court and particularly its Prosecutor have been criticized for failing to adequately address and prioritize sexual violence, culminating in only a single final conviction since 2002. Nevertheless, the ICC’s emerging practice shows progress with regard to the conceptual understanding of conflict-related sexual violence and the realization of the Statute’s full potential in ensuring accountability for sexual crimes. Taking into account the evolving jurisprudence, the Article explores the persisting challenges and the perceived gap between aspirations and reality regarding the prosecution of sexual violence at the ICC.


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