The Prosecution of Gender-Based Crimes at the ICC: Challenges and Opportunities

This article discusses the implications of gender-based crimes as secondary offences. The author canvasses the history of gender-based crimes in international law and highlights positive developments made by international criminal tribunals and the Office of the Prosecutor at the International Criminal Court (ICC). Although the Rome Statute has recognized gender-based crimes as war crimes and crimes against humanity, and included a gender mandate within ICC structures and procedures, gender-based crimes remain under-investigated and under-prosecuted. The author explores possible ways that the ICC can more effectively prosecute gender- based crimes and better address the suffering of victims. The author proposes that the ICC implement the UN Security Council Resolutions in relation to women and armed conflict, and proposes the creation of a treaty establishing the prohibition, prevention and punishment of gender based crimes.