WUNRN

http://www.wunrn.com

 

Women's Initiatives for Gender Justice

http://www.iccwomen.org/news/berichtdetail.php?we_objectID=209

 

The Womenís Initiatives for Gender Justice is an international womenís human rights organisation that advocates for gender justice through the International Criminal Court (ICC) and through domestic mechanisms, including peace negotiations and justice processes. We work with women most affected by the conflict situations under investigation by the ICC.

 

INTERNATIONAL CRIMINAL COURT - REVIEW OF JURISPRUDENCE & PRACTICE - MODES OF LIABILITY

 

Direct Link to Full 150-Page Report:

http://www.iccwomen.org/documents/Modes-of-Liability.pdf

 

GENDER-BASED CRIMES

 

The Womenís Initiativesí monitoring of the ICC incorporates a gender analysis of the Courtís jurisprudence, as well as of its structural and institutional development. As of November 2013, gender-based crimes have been charged in six of eight Situations,  14 of 20 cases with confirmation decisions rendered in four cases involving charges for these crimes, To date, there have been few decisions regarding modes of liability which explicitly address charges for sexual and gender-based crimes.

Within the four cases to have been dismissed at the confirmation stage, two of these, Mbarushimana and Ali, contained charges for gender-based crimes with the Mbarushimana case including the largest number and broadest range of sexual and gender-based crimes sought by the Office of the Prosecutor. The cases against Katanga, Bemba and Kenyatta remain with charges for crimes of sexual violence confirmed.

Cases at the trial stage inclusive of charges of gender-based crimes have also faced delays and legal uncertainty due to issues relating to modes of liability. With the Katanga and Bemba cases in the midst of Regulation 55 proceedings regarding the mode of liability, to date no case including charges of gender-based crimes has reached a trial judgement resulting in a conviction or an acquittal that includes adjudication of those charges.[19]

In the absence of such judgements, this paper reviews the few decisions and dissenting opinions in which modes of liability and gender-based crimes have been explicitly addressed.