2019 Theses Master's

How have recent human rights and legal innovations regarding sexual and gender-based violence been interpreted by International Criminal Court prosecutors?

Errington, Claire

This thesis seeks to analyze the protection of human rights relating to sexual and gender-based discrimination and torture through the development of international criminal law. It seeks to do so by looking at the work of the Office of the Prosecutor and examining how it has approached sexual and gender-based violence crimes in its charging strategies. It will scrutinize relevant considerations as to why these strategies were adopted, and the outcomes that materialized by using such strategies. Specifically, the thesis looks to compare and contrast the criminal charges brought against Bemba and Lubanga. These cases contained evidence of sexual violence against specific communities within the Democratic Republic of Congo and the Central African Republic. The thesis aims to determine in what ways such prosecutorial strategies have ensured justice for these human rights violations; both with regards to holding perpetrators accountable and also with regards to prioritizing the safety and protection of the victims. Throughout the thesis, the author will discuss the development of international protections against sexual and gender-based violence, specifically through the development of international criminal law and the corresponding international tribunals and mechanisms established to enforce such law. Finally, the thesis will determine which strategy can be considered the most successful for achieving gender justice, and recommends how the Office of the Prosecutor might approach future cases with a sexual and gender-based violence element. It also considers how other branches of the court might also improve their approach to such criminality in future.