The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its caselaw on these crimes might develop in future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity and genocide in the ICC up until mid-2018. This analysis is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. This book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'.
1. Seeing gender amid 'unimaginable atrocitites'; 2. Gender-based crimes; 3. The road to Rome; 4. The road from Rome; 5. Finding the positives; 6. Looking forward.
Rosemary Grey is a University of Sydney Postdoctoral Fellow, based in the Sydney Law School and Sydney Southeast Asia Centre. Her research focuses on gender and international criminal law. She has consulted and interned for Amnesty International, Women's Initiatives for Gender Justice, the International Bar Association and the International Criminal Court. From 2016 to 2018, she completed a postdoctoral fellowship at Melbourne Law School, where she co-taught the International Criminal Justice Clinic, and was a visiting scholar at the Grotius Centre for International Legal Studies, Leiden and PluriCourts, Oslo.