by Marelie Manders, Heidelberg IWC
Armed conflicts have a dire effect on the lives of women and girls where they take place. Women often suffer in unique ways, which unfortunately include experiencing sexual and gender-based violence in addition to the loss of relatives and economic security. In these situations, International Criminal Law plays a key role in ensuring that those committing serious crimes affecting women and girls during times of conflict are prosecuted. In 2014, the Office of the Prosecutor of the International Criminal Court (ICC) committed the court to paying special attention to sexual and gender-based crimes. A couple of recent trailblazing verdicts by this court bring justice to some of those who need it most. These judgements also pave the way for future victims by broadening the scope of the acts that will qualify as serious international crimes and for which anybody could be internationally prosecuted.
In July 2020, the trial against Al-Hassan Ag Abdoul Aziz, a former member of the Islamic Police in Timbuktu (Mali) commenced. From the outset, the prosecutor in this case indicated that women in the Timbuktu region were the ones who suffered the most as the Islamic police in this region imposed new and severe limitations to the everyday lives of women. Women were required, for example, to follow a very strict dress code, were not allowed to be alone with men other than their husbands and were forced to marry members of the militia. The punishments for not following these rules were severe. Al-Hassan therefore became the first person ever to be charged with gender-based persecution, which is recognized by the Rome Statute as a Crime Against Humanity. The ICC trial against Al-Hassan is still ongoing, but if he is convicted of gender-based persecution, this could lead to future prosecutions on the same grounds and justice for other victims of similar crimes worldwide.
The trial and conviction of Bosco Ntaganda, a rebel leader from the eastern Democratic Republic of the Congo, was finalized by the ICC in early 2021. The verdict of this case possibly has the most far-reaching impact on justice for women and girls suffering sexual and gender-based violence of any other recent case in international law. Ntaganda was, among other crimes, the first person before the ICC to be found guilty of sexual slavery, which constitutes a Crime Against Humanity. In a groundbreaking move as part of its judgement, the court ordered reparations to be made available to the victims of this armed conflict, which should help in rebuilding their lives after their horrifying ordeal. Those eligible for reparations include victims of rape and sexual slavery as well as children born out of rape and sexual slavery. The court also specifically acknowledged the suffering of victims of sexual and gender-based violence and adopted principles guiding every step of the reparations process. These principles include a gender inclusive and sensitive approach to reparations, which requires due consideration to the specific needs of individuals without discrimination. Reparations will be administered by a fund which will ensure that help goes to the victims of this conflict who need it most.
In February 2021, Dominic Ongwen, a former leader in the Lord’s Resistance Army (LRA) that operates in central Africa, was convicted by the ICC. Sexual and gender-based violence were placed at the heart of the case, and he was found guilty of a range of offenses including rape, forced pregnancy, forced marriage and torture as both Crimes Against Humanity and war crimes. He was further found guilty of enslavement as a Crime Against Humanity and outrages upon personal dignity as war crime. This trial was the first in ICC history with such a broad spectrum addressing sexual and gender-based violence. It was also the first time that forced pregnancy and forced marriage were ever prosecuted as Crimes Against Humanity.
It is encouraging that the suffering of women was so clearly recognized in these recent cases by the court. By expanding the range of offenses that qualify as crimes against humanity, or clarifying the actions that constitute these serious crimes, it becomes easier for future perpetrators to be tried on the same grounds. More importantly, these judgements bring about new avenues for female victims of armed conflict to get at least some of the justice that they deserve.
Sources:
Women's Initiatives for Gender Justice
International Center for Transitional Justice
Public International Law and Policy Group
United Nations Security Council
OCHA Relief Web
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