Prosecuting Sexual Violence in Conflict and the Future of the Common Criminal Purpose at International Criminal Law

Title: 
Prosecuting Sexual Violence in Conflict and the Future of the Common Criminal Purpose at International Criminal Law
Journal Citation: 
2 NEW ZEALAND WOMEN’S LAW JOURNAL, 168-206 (2018)

This article explores the consequences of sexual violence falling outside of the common criminal purpose by drawing comparisons between the International Criminal Court (ICC) and the International Criminal Tribunal for the former Yugoslavia (ICTY). The ICTY, the mandate of which has now ended, managed to convict on sexual violence charges due to the mode of liability of extended joint criminal enterprise. The ICC, however, does not have a mode of liability to encompass crimes that fall outside the common purpose, so the article explores how the legacy of the ICTY may impact the future of sexual violence prosecutions on an international level. The author emphasizes the detrimental effect of the perception that sexual violence is somehow less serious and outside the limits of individual liability at the ICC. The author advocates for an articulation of the common criminal purpose that includes sexual violence, and does so through a comparison of the procedures and key cases from the ICTY and ICC.