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Linking High-Level Accused to Sexual and Gender-Based Crimes in International Criminal Law: Theory and Practice of the LCTY, LCTR, and ICC

Linking High-Level Accused to Sexual and Gender-Based Crimes in International Criminal Law: Theory and Practice of the LCTY, LCTR, and ICC

Author: Sylvester Sammie
Publisher: Eleven International Publishing
ISBN: 9789462362857
Published In: May 2022
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

$185.00

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Description
Contents

Details

Linking High-level Accused to Sexual and Gender-Based Crimes in International Criminal Law focuses on the theoretical and practical perspectives taken by the ICTY, ICTR, and ICC. It seeks to answer the question of how high-level officials can and should be investigated and prosecuted for their role in the commission of sexual and gender-based crimes. The author examines the forms, types, and amount of evidence used to prove the role of these high-level accused in the commission of crimes by rank-and-file soldiers. As the accused are usually not present on the crime scene, the international criminal courts and tribunals must rely on individual criminal liability theories enshrined in Article 7 ICTY Statute, Article 6 ICTR Statute, and Articles 25 & 28 Rome Statute to connect them to the atrocities committed on the ground. 100 individual cases from the ICTY, ICTR, and ICC are examined and reveal that in most cases there was sufficient evidence to prove that sexual and gender-based crimes were committed. It was however much more difficult for the prosecutor to prove the role and responsibility of the high-ranked accused and the modes of liability charged. The author gives concrete recommendations on how to gather linkage evidence effectively, and to use the modes of liability accurately to prove the connection between the committed crimes, the broader context, and the accused's role.

Abbreviations

I. The Investigation and Prosecution of Sexual and Gender-Based Crimes

II. Sexual and Gender-Based Crimes in International Criminal Law

III. Linking Sexual and Gender-Based Crimes to High-level Officials through

IV. Linking Sexual and Gender-Based Crimes to High-level Officials through Indirect Modes of Liability

V. Investigating and Prosecuting Sexual and Gender-Based Crimes through Direct Modes of Liability

VI. Investigating and Prosecuting Sexual and Gender-Based Crimes through Indirect Modes of Liability

VII. Types of Evidence for Proving Sexual and Gender-Based Crimes and Modes of Liability

VIII. Concluding Observations and Way Forward

Annex A - Table of SGBC Charges Analyzed as per Mode of Liability

Bibliography

List of Documents