Sexual and gender based crimes

Gender based crimes are those crimes committed against persons, whether male or female, because of their sex and/or socially constructed gender roles.  Gender-based crimes are not always manifested as a form of sexual violence. They may include non-sexual attacks on women and girls, and men and boys, because of their gender.

Sexual crimes are crimes that fall under the subject-matter jurisdiction of the ICC as listed under articles 7(1)(g), 8(2)(b)(xxii), and 8(2)(e)(vi) of the Statute. These crimes include rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity.

Recognizing that sgbc are among the most serious crimes under the Rome Statute, the ICC Office of the Prosecutor (OTP) has been prioritizing the investigation and prosecution of the sgbc within the framework of its 2014 Policy Paper on Sexual and Gender-Based Crimes - the first-ever such policy for an international court or tribunal.

In its first cases, the OTP failed to include charges for sgbv crimes (Lubanga) or was forced to drop specific charges for rape and sexual violence (Katanga). Since the development of the OTP policy paper there has been increased focus on charges for sgbc. The trial of Congolese warlord Bosco Ntaganda marked the first time a militia leader faced sgbv charges at the ICC. Militia leader Jean-Pierre Bemba was the first to be convicted of rape as a weapon of war in 2016.  And Ugandese warlord Domonic Ongwen has also been charged with sgbv crimes, amongst which sexual slavery.

The sgbc policy provides procedural guidelines for investigating and prosecuting sgbc. It also aims to promote transparency and predictability in the prosecution of such crimes.

The main objectives of the Policy Paper are to:

• Affirm the commitment of the OTP to pay particular attention to sgbc in line with statutory provisions;
• Guide the implementation and utilization of the provisions of the Statute and the Rules of Evidence and Procedure so as to ensure the effective investigation and prosecution of sgbc from preliminary examination through to appeal;
• Provide clarity and direction on issues pertaining to sgbc in all aspects of operations;
• Contribute to advancing a culture of best practices in relation to the investigation and prosecution of sgbc; and
• Contribute, through its implementation, to the on-going development of international jurisprudence regarding sgbc.
• The sgbc policy was created following internal consultations within the ICC, with states parties, international, national and regional organizations, civil society, academics and victim/survivor advocacy groups. Many Coalition members submitted recommendations.

The Rome Statute requires that the ICC prosecutor appoint advisers with legal expertise on sexual and gender violence. The Court's victims and witnesses unit include staff with experience in trauma related to sexual crimes.

The Statute also requires states, in electing judges, to take into account the need for "fair representation" of female and male judges, and requires that the prosecutor and registrar do the same when hiring staff. The Coalition calls on the ASP to consistently elect officials that have a gender justice expertise.