Collective Criminality and Sexual Violence: Fixing a Failed Approach

64 Pages Posted: 17 Jan 2020

See all articles by Leila N. Sadat

Leila N. Sadat

Washington University in St. Louis - School of Law

Susana SáCouto

American University Washington College of Law

Patricia Viseur Sellers

University of Oxford - Kellogg College

Multiple version iconThere are 2 versions of this paper

Date Written: 2019

Abstract

International criminal tribunals have developed a number of legal theories designed to hold individuals responsible for their role in collective criminal conduct. These doctrines of criminal participation, known as modes of liability, are the subject of significant scholarly commentary. Yet missing from much of this debate, particularly as regards the International Criminal Court, has been an analysis of how current doctrine on modes of liability responds to the need to hold collective perpetrators criminally responsible for crimes of sexual and gender-based violence (SGBV). Indeed, many writings in this area of the law address perceived shortcomings in the theoretical underpinnings of modes of liability doctrine in the abstract but ignore the application of this doctrine in concreto. As a result, facially neutral writings on modes of liability may in fact be gendered in application, either because they fail to account for the specific characteristics of sexual and gender-based violence or because they are applied in a manner that requires higher thresholds for finding culpability for the commission of SGBV crimes. This article fills the gap between theory and practice, examining past and present doctrine, and suggesting ways in which the treatment of modes of liability by international criminal courts and tribunals can both properly respond to the need for personal culpability and the dangers of collective criminal activity, particularly as regards SGBV crimes.

Keywords: international law, international criminal law, international tribunals, international criminal court, ICC, modes of liability, sexual and gender based violence, SGBV, gender studies

Suggested Citation

Sadat, Leila N. and SáCouto, Susana and Viseur Sellers, Patricia, Collective Criminality and Sexual Violence: Fixing a Failed Approach (2019). Leiden Journal of International Law, final version of article published online by Cambridge University Press: 27 November 2019, Washington University in St. Louis Legal Studies Research Paper No. 20-01-01, Available at SSRN: https://ssrn.com/abstract=3520675

Leila N. Sadat (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
314-935-6411 (Phone)
314-935-5356 (Fax)

Susana SáCouto

American University Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

Patricia Viseur Sellers

University of Oxford - Kellogg College ( email )

62 Banbury Road
Oxford, OX2 6PN
United Kingdom

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