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.

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.

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.

scholarly journals Sexual Exploitation and Beyond: Using the Rome Statute of the International Criminal Court to Prosecute UN Peacekeepers for Gender-based Crimes

2011 ◽  
Vol 11 (4) ◽  
pp. 803-827 ◽  
Author(s):  
Melanie O'Brien
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Sexual Exploitation ◽  
Real Life ◽  
Criminal Court ◽  
International Criminal Law ◽  
Applicable Law ◽  
Gender Based

AbstractAllegations and confirmed cases of misconduct by peacekeeping personnel have been revealed by non-governmental organisations, the press and UN investigations. The majority of misconduct has fallen under the term 'sexual exploitation and abuse'. Sexual exploitation and abuse has encompassed rape, sex with minors, trafficking, prostitution-related conduct, sexual exploitation, and other sexual abuse. This article discusses accountability in international criminal law for such conduct, first exploring the development of gender-based crime in international criminal law. The core of this article consists of an examination of the applicable law under the Rome Statute of the International Criminal Court, to determine whether or not the provisions could be used to prosecute peacekeepers for the crimes of rape, sexual slavery, sexual exploitation, prostitution-related conduct, and trafficking. Real life examples of criminal conduct by peacekeeping personnel will be given to test the applicability of the Rome Statute provisions.

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.

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