Conflict-related sexual violence under international criminal law: precedents of the international criminal court

Abstract

This article examines the legal nature of conflict-related sexual violence (CRSV) through the lens of the International Criminal Court’s practice. The author analyzes key provisions of the Rome Statute that classify sexual crimes as war crimes, crimes against humanity, and elements of genocide. Particular attention is paid to four cases: Prosecutor v. Germain Katanga, Prosecutor v. Bosco Ntaganda, Prosecutor v. Jean-Pierre Bemba Gombo, and Prosecutor v. Dominic Ongwen. In the Katanga case, the Court established for the first time the criteria for proving the involvement of commanders in the sexual crimes of their subordinates. In the Ntaganda case, the provision on sexual violence as a war crime was established even with regard to members of armed groups. The Bemba case was the first to conduct an in-depth analysis of the limits of command responsibility for sexual violence committed by subordinates. The Ongwen case was the first to classify forced pregnancy and forced “marital servitude” as separate crimes against humanity, as well as to combine individual and command responsibility. The article concludes that the practice of the ICC has finally established the principle in international criminal law that sexual violence in armed conflicts is not a side effect of war, but a separate type of international crime that requires proper classification and punishment.