Abstract

http://ssrn.com/abstract=2149184
 


 



Reasonable Grounds Evidence Involving Sexual Violence in Darfur


John Hagan


Northwestern University - Department of Sociology

Richard R. W. Brooks


Yale University - Law School

Todd Haugh


Illinois Institute of Technology - Chicago-Kent College of Law

2010

35 Law and Social Inquiry 881, 2010
Book chapter in Prosecuting Sexual Violence as an International Crime: Interdisciplinary Approaches (A. de Brouwer et al. eds., Insersentia 2012)
Chicago-Kent College of Law Research Paper

Abstract:     
Internal and international conflicts can often involve a level of impunity that allows sexual violence to persist unchecked by military and political leaders. The recent reversal by an appeals panel at the International Criminal Court of a pretrial decision not to charge President al-Bashir of Sudan with genocide in Darfur offers an important foundation for introducing new types of evidence that can increase the investigation and prosecution of sexual violence during conflicts. The reversal cited the incorrect use of the “beyond a reasonable doubt” standard when the lesser standard of “reasonable grounds” applied. Social science provides methods and measures that can be uniquely used to develop reasonable grounds evidence, for example, to demonstrate the roles of physical perpetrators acting together in horizontal relationships, as well as to establish the indirect participation through vertical relationships of higher-level defendants, in a chain of command of superior responsibility. We illustrate these points by presenting social science evidence of the responsibility of President al-Bashir and middle- and lower-level figures in genocidal violence in Darfur.

Number of Pages in PDF File: 37

Keywords: international conflict, sexual violence, Darfur, Sudan, al-Bashir, social science, reasonable grounds

JEL Classification: K19, K33, K40, K42

Accepted Paper Series


Download This Paper

Date posted: September 20, 2012 ; Last revised: July 12, 2013

Suggested Citation

Hagan, John and Brooks, Richard R. W. and Haugh, Todd, Reasonable Grounds Evidence Involving Sexual Violence in Darfur (2010). 35 Law and Social Inquiry 881, 2010; Chicago-Kent College of Law Research Paper. Available at SSRN: http://ssrn.com/abstract=2149184

Contact Information

John Hagan (Contact Author)
Northwestern University - Department of Sociology ( email )
1810 Chicago Ave
Evanston, IL 60208
United States
Richard R. W. Brooks
Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
Todd Haugh
Illinois Institute of Technology - Chicago-Kent College of Law ( email )
565 W. Adams St.
Chicago, IL 60661-3691
United States

Feedback to SSRN


Paper statistics
Abstract Views: 453
Downloads: 15

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.328 seconds