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Note on contributor
Niamh Hayes is completing a PhD at the Irish Centre for Human Rights on the investigation and prosecution of sexual violence by international criminal tribunals. She is currently working in the Investigative Analysis Section of the International Criminal Court, seconded by UN Women as a gender advisor. All views expressed are the author’s own and expressed in a personal capacity.
Notes
1 International Criminal Tribunal for Rwanda, Best Practices Manual for the Investigation and Prosecution of Sexual Violence Crimes in Post-Conflict Regions: Lessons Learned from the Office of the Prosecutor for the International Criminal Tribunal for Rwanda (30 January 2014), 2. http://w.unictr.org/sites/unictr.org/files/legal-library/140130_prosecution_of_sexual_violence.pdf (accessed September 22, 2017).
2 ICC Office of the Prosecutor, Policy Paper on Sexual and Gender-Based Crimes (June 2014), 5. https://www.icc-cpi.int/iccdocs/otp/OTP-Policy-Paper-on-Sexual-and-Gender-Based-Crimes–June-2014.pdf (accessed September 22, 2017).
3 See for example Kelly Askin, ‘Prosecuting Wartime Rape and Other Gender-Related Crimes Under International Law: Extraordinary Advances, Enduring Obstacles’, Berkeley Journal of International Law 21 (2003): 288, 318; Karen Engle, ‘Feminism and its (Dis)contents: Criminalising Wartime Rape in Bosnia and Herzegovina’, American Journal of International Law 99 (2005): 778; Kelly Askin, ‘A Decade of the Development of Gender Crimes in International Courts and Tribunals: 1993 to 2003’, Human Rights Brief 11 (2004): 16; Niamh Hayes, ‘Creating a Definition of Rape in International Law: The Contribution of the International Criminal Tribunals’, in Judicial Creativity at the International Criminal Tribunals, ed. Shane Darcy and Joseph Powderly (Oxford: Oxford University Press 2010), 129.
4 This appointment is discussed in Chapter 4 of the book: Michelle Jarvis and Najwa Nabti, ‘Policies and Institutional Strategies for Successful Sexual Violence Prosecutions’.
5 See for example Patricia Sellers, ‘Gender Strategy is Not a Luxury for International Courts’, American University Journal of Gender, Social Policy and Law 17 (2009): 301; Patricia Sellers, ‘Sexual Torture as a Crime Under International Criminal and Humanitarian Law’, New York City Law Review 11 (2007–2008): 339; Patricia Sellers, ‘Wartime Female Slavery: Enslavement?’ Cornell International Law Journal 44 (2011): 115; Patricia Sellers, ‘Sexual Violence and Peremptory Norms: The Legal Value of Rape’, Case Western Reserve Journal of International Law 34 (2002): 287.
6 Chapter 3 in the volume: Michelle Jarvis and Kate Vigneswaran, ‘Challenges to Successful Outcomes in Sexual Violence Cases’.
7 Jarvis and Nabti, ‘Policies and Institutional Strategies’.
8 Chapter 5 in the volume: Priya Gopalan, Daniela Kravetz and Aditya Menon, ‘Proving Crimes of Sexual Violence’.
9 Chapter 6 in the volume: Laurel Baig, Michelle Jarvis, Elena Martin Salgado and Giulia Pinzauti, ‘Contextualising Sexual Violence: Selection of Crimes’.
10 Chapter 7 in the volume: Barbara Goy, Michelle Jarvis and Giulia Pinzauti, ‘Contextualising Sexual Violence and Linking it to Senior Officials: Modes of Liability’.
11 Prosecutor v. Katanga, Judgement Pursuant to Article 74 of the Statute, ICC-01/04-01/07-3436, 7 March 2014; see further Women’s Initiatives for Gender Justice, Partial Conviction of Katanga by ICC – Acquittals for Sexual Violence and Use of Child Soldiers (7 March 2014), http://www.iccwomen.org/images/Katanga-Judgement-Statement-corr.pdf (accessed 22 September, 2017); Niamh Hayes, ‘La Lutte Continue – Investigating and Prosecuting Sexual Violence at the ICC’, in The Law and Practice of the International Criminal Court, ed. Carsten Stahn (Oxford: Oxford University Press, 2015), 801–39.
12 Prosecutor v. Furundžija, Trial Chamber Judgement, IT-95-17/1-T, 10 December 1998.
13 Prosecutor v. Kunarac et al., Trial Chamber Judgement, IT-96-23-T & IT-96-23/1-T, 22 February 2001.
14 Prosecutor v. Stakić, Trial Chamber Judgement, IT-97-24-T, 31 July 2003.
15 See Theodor Meron, ‘Rape as a Crime Under International Humanitarian Law’, American Journal of International Law 87, no. 3 (1993): 425–6:
Indescribable abuse of thousands of women in the territory of former Yugoslavia was needed to shock the international community into re-thinking the prohibition of rape as a crime under the laws of war … under the weight of the events in former Yugoslavia, the hesitation to recognise that rape can be a war crime or a grave breach has already begun to dissipate.
16 See Chapter 1 of the volume: Michelle Jarvis, ‘Overview: The Challenge of Accountability for Conflict-Related Sexual Violence Crimes’, 4.
17 Annex B of the volume provides an overview of the charges and judgements in trials involving evidence of sexual violence: Kate Vigneswaran, ‘Charges and Outcomes in ICTY Cases Involving Sexual Violence’.
18 Jarvis, ‘Overview’, 11, 14.
19 Jarvis and Vigneswaran, ‘Challenges to Successful Outcomes’, 55–9; Baig et al., ‘Selection of Crimes’ 193–4; on this point, see generally Sandesh Sivakumaran, ‘Sexual Violence Against Men in Armed Conflict’, European Journal of International Law 18 (2007): 253.
20 Prosecutor v. Tadić, Trial Chamber Judgement, IT-94-1-T, 7 May 1997.
21 Prosecutor v. Delalić et al. (Čelibići), Trial Chamber Judgement, IT-96-21-T, 16 November 1998.
22 Prosecutor v. Česić, Sentencing Judgement, IT-95-10/1-S, 11 March 2004.
23 Prosecutor v. Bemba, Judgement Pursuant to Article 74 of the Statute, ICC-01/05-01/08-3343 (21 March 2016); on this point, see further Yvonne McDermott Rees, ‘Prosecutor v. Bemba’, American Journal of International Law 110 (2016): 526.
24 Chapter 10 in the volume: Serge Brammertz, Michelle Jarvis and Lada Šoljan, ‘Using the OTP’s Experiences with Sexual Violence Prosecutions as a Springboard for Building National Capacity’.
25 Ibid., 373.
26 Organisation for Security and Cooperation in Europe Mission to Bosnia and Herzegovina, Combating Impunity for Conflict-Related Sexual Violence in Bosnia and Herzegovina: Progress and Challenges (February 2014): 7–9, 37, http://www.osce.org/bih/117051?download=true (accessed September 22, 2017).