International Criminal Law Guidelines: SGBV Crimes

Crimes Against Humanity (5)


Overview of 50 leading cases and publicist commentaries on the seven SGBV crimes under the ICC Statute


International Criminal Law Guidelines: Sexual and Gender-Based Violence Crimes
Brussels, June 2017
[98] pages
ISBN: 978-82-8348-180-8.
LTD-PURL: http://www.legal-tools.org/doc/c1c17c

The International Criminal Law Guidelines: Sexual and Gender-Based Violence Crimes provides case law and publicist commentaries on the legal requirements of each of the seven sexual and gender-based violence crimes (SGBV) under the ICC Statute: rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, other forms of sexual violence and genocide by imposing measures intended to prevent births. Each crime is organised according to its legal requirements, with quotations from relevant judgments and commentaries that help readers to understand its structure and interpretation, as well as the use of alternative charges. In addition, each crime is accompanied by a legal requirements chart, which provides a clear framework on the structure of each crime, while hyperlinks to the ICC Legal Tools provide readers with stable access to each case. The Guidelines have been developed in response to requests from national practitioners, NGOs and academics for a clear overview of the legal requirements of SGBV crimes and will be available in English, French and Spanish. 

Track the developments, trends and divergences of SGBV crimes

The Guidelines use 50 cases and commentaries to show the interpretive developments, trends and divergences of the SGBV crimes under the ICC Statute. They include cases from international criminal tribunals and historic domestic cases, as well as commentaries from leading publicists and independent human rights experts. Readers can see how different international tribunals have defined rape in cases including Akayesu, Musema and Muhimana (ICTR), Furundžija and Kunarac (ICTY), and Bemba (ICC); they can understand how cases of enslavement before the ad-hoc tribunals can shed light on the legal requirements of sexual slavery or review how tribunals and publicists have engaged with defining other forms of sexual violence, including forced nudity, circumcision or contraception, or sexual humiliation or degradation. For each crime, readers are alerted to the application of alternative charges and to similar legal requirements of other SGBV crimes.

Understand the legal requirements of SGBV crimes under the ICC Statute

The Guidelines break each crime down into its actus reus (material elements) and mens rea (mental elements), allowing readers to understand the construction of the seven SGBV crimes found within the ICC Statute and its Elements of Crimes. Each crime is accompanied by a table of its legal requirements, where each actus reus and mens rea is clearly identified, along with the possible contextual charges and alternative charges under the ICC Statute. The jurisprudence and commentaries are then organised according to the specific actus reus and mens rea of each crime.

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Understand the relationship between SGBV crimes and the contextual requirements of the ICC Statute

The ICL Guidelines provides a short overview of the relationship between each SGBV offence under the ICC Statute and the international crime classifications of the ICC Statute and provides the legal requirements of each of the four international crime classifications where SGBV offences can be found.

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Additional Publications: SGBV Means of Proof Charts

The Guidelines will be accompanied by Means of Proof Charts on Sexual and Gender-Based Violence Crimes, which provide single-page charts of the means of proof and evidence typologies of each SGBV crime under the ICC Statute, as well as jurisprudence and commentaries according to the means of proof of each crime.

See also: CMN, International Criminal Law Guidelines: Crimes Against Humanity, March 2017.

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