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The Plymouth Law and Criminal Justice Review

Document Type

Article

Abstract

The International Criminal Court (ICC) was established in 2002 and its Statute (Rome Statute1 ) was heralded as an advanced enumeration of gender based crimes. However, in the three cases before the Court in which charges have been confirmed: The Prosecutor v Thomas Lubanga Dyilo2 (Lubanga), The Prosecutor v Germain Katanga and Mathieu Ngudjolo Chii 3 (Katanga and Ngudjolo) and The Prosecutor v Jean-Pierre Bemba Gombo4 (Bemba) there are either no charges for gender based crimes as in Lubanga5 or the charges are not comprehensive. This article examines why despite the extensive provision in the Rome Statute the ICC is failing to advance the prosecution of gender based crimes. It also considers the wider impact of this failure in particular on the ICC‟s role in assisting national courts to prosecute war crimes and in deterring the commission of such crimes.

Publication Date

2010-01-01

Volume

3

Issue

1

First Page

69

Last Page

80

ISSN

2054-149X

Deposit Date

April 2017

Embargo Period

2024-11-01

Creative Commons License

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

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