The Prosecution of Gender Crimes at the ICC: Challenges and Opportunities

Abstract

The article will discuss the fact that, despite notable progress, gender-based crimes are still under-investigated, under-prosecuted and remain the least condemned war crime , as if these types of crimes were of lesser importance than other crimes committed during armed conflict. The ICC may have taken on more than it is able to take on, but if anything else, it needs to make a firm commitment to the prosecution of gender-based crimes by putting adequate support measures in place. Firstly, the full array of gender-based crimes needs to be expressly identified as international crimes. However of itself this may not be sufficient, and thus secondly it is also necessary to ensure that institutional arrangements for decision making about prosecutions and investigations are appropriately established so as to guarantee effective protection from gender-based crime.

Keywords: Gender Based Crimes, ICC, Prosecution, International Crimes

JEL Classification: B30, B31, K1, K30