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Reasonable Grounds Evidence Involving Sexual Violence in Darfur

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

37 Pages Posted: 20 Sep 2012 Last revised: 12 Jul 2013

John Hagan

Northwestern University - Department of Sociology

Richard R. W. Brooks

Yale University - Law School

Todd Haugh

Indiana University - Kelley School of Business

Date Written: 2010

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.

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

JEL Classification: K19, K33, K40, K42

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: https://ssrn.com/abstract=2149184

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

Indiana University - Kelley School of Business ( email )

1309 East Tenth Street
Bloomington, IN 47405
United States

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