Reasonable Grounds Evidence Involving Sexual Violence in Darfur
Northwestern University - Department of Sociology
Richard R. W. Brooks
Yale University - Law School
Indiana University - Kelley School of Business
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
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
Date posted: September 20, 2012 ; Last revised: July 12, 2013
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