Complementarity as a Catalyst for Gender Justice in National Prosecutions

2017 ◽  
Author(s):  
Amrita Kapur
Keyword(s):  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Gender Justice ◽  
Gender Based Violence ◽  
International Crimes ◽  
Gender Based ◽  
And Gender

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.

scholarly journals The Pace of Progress: Addressing Crimes of Sexual and Gender-Based Violence in the Generation After Rome

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 177-181
Author(s):  
Gabrielle Louise McIntyre
Keyword(s):  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Armed Conflicts ◽  
Crimes Against Humanity ◽  
Gender Based Violence ◽  
Gender Based ◽  
And Gender ◽  
By Products ◽  
Made In

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.

International Criminal Court (ICC): Dominic Ongwen

2021 ◽  
Vol 2 (1) ◽  
pp. 49-57
Author(s):  
Anne-Marie de Brouwer ◽  
Eefje de Volder
Keyword(s):  
International Criminal ◽  
War Crimes ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Northern Uganda ◽  
Legal Representative ◽  
Gender Based Violence ◽  
Gender Based ◽  
And Gender

On 4 February 2021, the ICC's Trial Chamber IX found Lord Resistance Army's Commander Dominic Ongwen guilty for a total of 61 crimes comprising crimes against humanity and war crimes, including many conflict-related sexual and gender-based violence crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. On 6 May 2021, Dominic Ongwen was sentenced to 25 years imprisonment for these crimes.<br/> In this Q&A we discuss this case with three renowned experts, namely Victoria Nyanjura (Survivor, Founder Women in Action for Women Uganda), Joseph Manoba (lawyer and Legal Representative for victims in the Ongwen case) and Lorraine Smith van Lin (independent victim's rights expert). By answering 11 questions, they provide insight in the complexity of this case, including how it is perceived by LRA victims and survivors in Uganda.

WPS and the International Criminal Court

2018 ◽  
pp. 350-363
Author(s):  
Jonneke Koomen
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Gender Justice ◽  
Gender Based Violence ◽  
National Implementation ◽  
Gender Based ◽  
And Gender

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.

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.

Domestic Adjudication of Sexual and Gender-based Violence in Armed Conflict: Considerations for Prosecutors and Judges

2011 ◽  
Vol 4 (1) ◽  
pp. 85-122
Author(s):  
Evelyn W. Kamau
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Gender Based Violence ◽  
International Crimes ◽  
Gender Based ◽  
And Gender ◽  
Perceived Challenge ◽  
Constituent Elements

AbstractThe increased domestication of international core crimes like genocide, crimes against humanity and war crimes has placed national prosecutors and judges on unfamiliar ground. Specifically, though very welcome, the recognition of acts of sexual and gender-based violence (SGBV) as constituting core international crimes poses a further challenge. The circumstances surrounding the commission of SGBV as international core crimes, coupled with their unique elements and manner of proof, makes their domestic prosecution seem that much more difficult. An understanding of how acts of SGBV constitute international core crimes, their constituent elements and the manner of proving them, coupled with how to treat victims and witnesses of SGBV, goes a long way in easing the perceived challenge of domestically prosecuting them. This article is geared towards achieving that and is directed at people who are involved in or are considering carrying out domestic prosecutions and adjudications of SGBV as international core crimes.

scholarly journals Intersectionality: Explaining SGBV Interlinked with Terrorism and Other International Crimes

2020 ◽  
Vol 1 (2) ◽  
pp. 135-161
Author(s):  
Ana Martin
Keyword(s):  
Case Studies ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Gender Based Violence ◽  
International Crimes ◽  
Gender Based ◽  
And Gender

Sexual and gender-based violence (SGBV) is often intertwined with and nested within other violations of international criminal law (ICL) as part of a broader attack against a group. However, ICL is not giving enough visibility to this nexus of crimes rooted in the intersection of identities and discrimination that underpins SGBV during conflict. Intersectionality is a concept originated in feminism and progressively recognized by international human rights law (IHRL). It posits that SGBV is caused by gender 'inextricably linked' with other identities and factors that result in compounded discrimination and unique aggravated harms. Based on case studies, this paper argues that ICL should integrate an intersectional approach based on identity and discrimination to address the nexus between SGBV and broader international crimes. Intersectionality enables a better understanding of the causes, harms, and gravity of SGBV, and it provides consistency with an IHRL interpretation. The article begins setting out the foundations of intersectionality in feminism and IHRL, and its applicability to ICL. It then applies intersectionality to two case studies that demonstrate the interlink of SGBV with broader violations of ICL: The Revolutionary United Front Case (RUF) trial judgment of the Special Court for Sierra Leone (SCSL) concerning SGBV and the war crime committing acts of terrorism, and Al Hassan, prosecuted at the International Criminal Court (ICC), concerning SGBV and the crime against humanity of persecution. It concludes with final remarks on why and how ICL would benefit from integrating an intersectional approach to SGBV.

scholarly journals The Crisis of International Criminal Law in Africa: A Regional Regime in Response?

2019 ◽  
Vol 66 (2) ◽  
pp. 287-311
Author(s):  
Eki Yemisi Omorogbe
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Crimes

Abstract This article considers the African Union’s (AU) proposal for a regional court for international crimes under the Malabo Protocol 2014 (Protocol). It places that within the AU’s rejection of the International Criminal Court’s (ICC) arrest warrants for African Heads of States that are not party to the Rome Statute and a more general protection of incumbents. It argues that the enthusiasm for establishing a regional criminal court, which lacks jurisdiction to prosecute incumbents, has not been sustained and African states remain committed to the ICC. It shows that nevertheless the Protocol’s provisions on genocide, crimes against humanity and war crimes, although imperfect, better address the specific character of armed conflicts in Africa than current international law, including the Rome Statute of the ICC. It concludes that the regional court for international crimes is unlikely to be established unless the ICC takes further action against incumbent leaders but that the Protocol’s provisions could be used in the development of a more Africa-centric international law.

scholarly journals TERMINOLOGI KEJAHATAN DALAM HUKUM PIDANA INTERNASIONAL

2018 ◽  
Vol 3 (1) ◽  
pp. 1-12
Author(s):  
Dewi Bunga ◽  
Dewi Bunga
Keyword(s):  
International Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
International Peace ◽  
International Crimes ◽  
The People ◽  
International Conventions

The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.

scholarly journals REGULASI PENDAFTARAN MEREK INTERNASIONAL DALAM UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

2018 ◽  
Vol 3 (1) ◽  
pp. 68-77
Author(s):  
Cokorda Istri Dian Laksmi Dewi
Keyword(s):  
International Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
International Peace ◽  
International Crimes ◽  
The People ◽  
International Conventions

The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.  

Victimological Imaginations

2019 ◽  
pp. 155-185
Author(s):  
Kjersti Lohne
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Moral Authority ◽  
International Criminal Justice ◽  
Gender Based Violence ◽  
Individual Level ◽  
International Crimes ◽  
Global North ◽  
Gender Based ◽  
And Gender

The figure of the victim is the sine qua non of the fight against impunity for international crimes. Engaging the victimological imagination of international criminal justice, the chapter shows how victims are represented, and how justice for victims is imagined. The first part focuses on imaginations of ‘justice for victims’, and argues that the ICC represents a form of hybrid justice by incorporating ‘restorative’ and ‘transformative’ rationales for justice. Unlike ordinary courts, the ICC incorporates what can be thought of as both ‘punitive’ and ‘reparative’ arms. Part of the latter is the Rome Statute’s provisions for victims’ rights to participation and reparation. However, a closer look at the implementation of these processes reveal a conspicuous discrepancy between ideologies and realities. The second part of the chapter situates victims as a source of moral authority, and one that is claimed in representational practices by both human rights NGOs and international criminal justice generally. The chapter explores suffering as a type of ‘currency’, both on an individual level for victims’ advocates, as their source of ‘purpose’, and on a broader cultural level as the source of ‘global’ moral outcry. The chapter demonstrates how the victim is culturally represented through imaginations from the global North and becomes universalized as a symbol of humanity, of which the gendered and racialized victim of sexual and gender-based violence provides particularly powerful victim imagery. In this way, the image of the victim of international crimes is characterized by her essential ‘otherness’: it is humanity that suffers.

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