Means of Proof of Sexual and Gender-Based Violence Crimes

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A concise overview of evidence used to prove the legal requirements of SGBV crimes under the ICC Statute

International Criminal Law Guidelines: Means of Proof of Sexual and Gender-Based Violence Crimes
Brussels, November 2017
116 pages
ISBN: 978-82-8348-183-9.
LTD-PURL: http://www.legal-tools.org/doc/e06a52/.

The International Criminal Law Guidelines: Means of Proof of Sexual and Gender-Based Violence Crimes provide an overview of emblematic case law and a set of single-page means of proof charts for 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. The Guidelines provide readers with the factual findings on SGBV crimes from national and international criminal courts, and concise summaries of means of proof and evidence typologies for these crimes. They have been developed as a practical tool for national practitioners, NGOs and academics, and will be available in English, French and Spanish.

Evidentiary requirements to prove SGBV crimes under international criminal law

The Guidelines include annotated evidence drawn from 20 cases before international criminal tribunals (ICC, ICTY, ICTR, SCSL) and relevant historic cases from national jurisdictions. The Guidelines provide readers with judicial quotations regarding admitted evidence, which have been grouped into means of proof clusters and marked with evidence typologies. Readers are also alerted to the application of alternative charges and to similar means of proof of other SGBV crimes, to afford structural support for evidence collection as well as analysis.

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Means of Proof Charts: a visual aid summarising evidence in leading SGBV cases

Single-page means of proof charts summarise the evidence, typology and case references cited for each SGBV crime under the ICC Statute and are intended to provide quick and practical references.

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These Guidelines are accompanied by the International Criminal Law Guidelines: Legal Requirements of Sexual and Gender-Based Violence Crimes, which provide case law and publicist commentaries on the legal requirements of each SGBV crime under the ICC Statute.

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