First-Class Crimes, Second-Class Justice: Cumulative Charges for Gender-Based Crimes at the International Criminal Court

First-Class Crimes, Second-Class Justice: Cumulative Charges for Gender-Based Crimes at the... International Criminal Law Review 11 (2011) 529–541 © Koninklijke Brill NV, Leiden, 2011 DOI 10.1163/157181211X576401 brill.nl/icla International Criminal Law Review First-Class Crimes, Second-Class Justice: Cumulative Charges for Gender-Based Crimes at the International Criminal Court Laurie Green * American University, Washington College of Law, Washington, DC, USA Abstract While sexual and gender-based violence crimes are now prosecutable as war crimes, crimes against humanity, and acts of genocide, the Pre-Trial Chamber of the International Criminal Court recently declined to confi rm cumulative charges for sexual and gender-based violence in Prosecutor v. Jean- Pierre Bemba Gombo . Born out of the historical tendency of international criminal tribunals to treat rape and sexual violence as secondary crimes, this paper argues that the International Criminal Court is far from achieving true gender justice, or from serving as a deterrent against sexual and gender-based violence crimes. Th is paper also argues that the ICC’s failure in this regard risks undermining the very legitimacy of the Court. Keywords international criminal law ; International Criminal Court (ICC) , gender-based violence (GBV) ; sexual violence ; cumulative charging 1. Introduction For centuries, rape was seen as a spoil of war and dismissed as a natural and inevi- http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

First-Class Crimes, Second-Class Justice: Cumulative Charges for Gender-Based Crimes at the International Criminal Court

International Criminal Law Review, Volume 11 (3): 529 – Jan 1, 2011

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
D.O.I.
10.1163/157181211X576401
Publisher site
See Article on Publisher Site

Abstract

International Criminal Law Review 11 (2011) 529–541 © Koninklijke Brill NV, Leiden, 2011 DOI 10.1163/157181211X576401 brill.nl/icla International Criminal Law Review First-Class Crimes, Second-Class Justice: Cumulative Charges for Gender-Based Crimes at the International Criminal Court Laurie Green * American University, Washington College of Law, Washington, DC, USA Abstract While sexual and gender-based violence crimes are now prosecutable as war crimes, crimes against humanity, and acts of genocide, the Pre-Trial Chamber of the International Criminal Court recently declined to confi rm cumulative charges for sexual and gender-based violence in Prosecutor v. Jean- Pierre Bemba Gombo . Born out of the historical tendency of international criminal tribunals to treat rape and sexual violence as secondary crimes, this paper argues that the International Criminal Court is far from achieving true gender justice, or from serving as a deterrent against sexual and gender-based violence crimes. Th is paper also argues that the ICC’s failure in this regard risks undermining the very legitimacy of the Court. Keywords international criminal law ; International Criminal Court (ICC) , gender-based violence (GBV) ; sexual violence ; cumulative charging 1. Introduction For centuries, rape was seen as a spoil of war and dismissed as a natural and inevi-

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2011

Keywords: INTERNATIONAL CRIMINAL LAW; CUMULATIVE CHARGING; INTERNATIONAL CRIMINAL COURT (ICC); SEXUAL VIOLENCE; GENDER-BASED VIOLENCE (GBV)

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