International Criminal Court Prosecutions of Sexual and Gender-Based Violence: Challenges and Successes

Abstract

Sexual and gender-based violence crimes (SGBVC) are amongst the gravest under the Rome Statute. Although the investigation and prosecution of such crimes has been identified as a key priority for the International Criminal Court (ICC) and for international criminal justice more generally, the prosecution of such crimes continues to present unique challenges; consequently, female victims of some of the most violent atrocities and inhumane crimes are left unheard, their experiences unaccounted, and without any remedy or access to justice. This chapter examines some of the positive developments in the prosecution of SGBVC in the ICC, and the key challenges that have faced the ICC’s Office of the Prosecutor (OTP) in laying charges and prosecuting SGBV since its inception in 2002. The chapter critically considers what can be done to further advance the prosecution of sexual and gender-based violence (SGBV), and in particular to improve victim participation and outcomes, in order to ultimately strengthen accountability mechanisms in the fight against impunity for such crimes.