This article focuses on the implications
of the decision of the Pre-Trial Chamber
of the International Criminal Court (ICC)
to decline to confirm cumulative charges
for sexual and gender-based violence in
Prosecutor v Jean-Pierre Bemba Gombo. The
author argues that the decision is
discriminatory in its failure to recognize
the full spectrum of criminal culpability
for sexual and gender-based crimes. It
does so by erroneously denying cumulative
charges and conflating the crimes of rape,
torture, and outrages upon personal
dignity contrary to the Rome Statute.