The focus of this book is the analysis of male sexual crimes in international criminal justice.
The first part of the present research work is focused on the legal analysis of the relevant articles of international criminal court's Statute regarding the obligation of cooperation between states for the punishment of serious crimes against humanity and war. Judicial development, starting with the ad hoc tribunals and arriving at causes at various stages of proceedings still ongoing in the International Criminal Court (ICC), opens doctrinal and comparative national debates especially in the case of lacking states cooperation, seeking to elaborate specific topics such as the obligation of states cooperation, requests for assistance during preliminary investigations,during inquires, and confidential information. Court assistance to states parties participating in the Statute, suspending the execution of a request, the role of the prosecutor and the non-assistance of some states impede the development and operation of international criminal justice.
The second part has attempted to analyze sexual crimes and especially the crime of male rape.The jurisprudence of international criminal tribunals and the ICC have tried to qualify rapeeither as a crime of genocide in the form of serious and physical injuries, even if notnecessarily permanent (lett.b) Art.6 of the Rome Statute; or as a crime against humanity wherethere are elements of context and above all material elements that emerge from the defenitionsgiven by the ad hoc tribunals and the elements of crimes; or even as a war crime in case it isimplemented to that of sexual violence, according to a geneder specific relationship tospeciem.
Judges through the jurisprudence have included in this context any conduct of asexual type of aggression to human dignity that does not consist in an act of penetration andthat does not involve physical contract. The contrasts are always open. Due to the lack ofdealing with a "particular" crime and difficult to prove it or testify before an internationalcourt. The indication on the level of gravity of the crime is necessary for the relevance ofsexual violence and rape as crimes against humanity that we will see in the coming years.
Table of Contents
Part A
1.Introduction
2.Obligation to cooperate
3.The hypothesis of lack of cooperation by states
4.Requests for assistance during inquiries
5.Consultations
6.Confidential information
7.Competing requests
8.Court assistance to states parties participating in the Statute
9.Concluding remarks
Part B
1.Introduction
2.Seeking the definition of rape in international jurisprudence through the elements of objective and subjective offense
3.Definition of rape in Special Court for Sierra Leone
4.Definition of rape in ICC
5.Joint Criminal Operation as a means of punishing the heads and governors of crimes of sexual violence. Judicial developments in the implementation of Joint Criminal Business
6.Criticism in the implementation of JCO as a means of incriminating the supporters of crimes of sexual violence
7.The issue of ineffective investigations and omissions in the prosecution of crimes of sexual violence before the international criminal courts
8.Incompatibility between categories and evidence
9.Difficulties in accessing victims of sexual violence in criminal proceedings
10.Overcoming the taboo of male victims of sexual violence
11.Legal and judicial vacuum in violence against men
12.The new policy document of ICC prosecutor's office: addressing the gaps in international criminal justice
13.Prospects and suggestions
14.Conclusions
Research Objectives and Themes
This research aims to analyze the legal mechanisms of international cooperation between states for the prosecution of serious international crimes, specifically investigating how the International Criminal Court (ICC) manages requests for assistance and the limitations imposed by state sovereignty. Additionally, it examines the legal challenges in defining and prosecuting sexual crimes, with a primary focus on the evolution of the definition of male rape in international jurisprudence.
- Legal analysis of state cooperation obligations under the ICC Statute.
- Evaluation of investigation and inquiry procedures in international criminal courts.
- Jurisprudential development of the definition of rape and sexual violence.
- Challenges in prosecuting sexual violence, including issues of evidence and "Joint Criminal Enterprise."
- Addressing the legal and judicial gaps in responding to male victimization.
Excerpt from the Book
1.Introduction
Since the International Criminal Court (ICC) does not have direct executive powers, or an apparatus for conducting investigations on its own, investigations and acquisition of evidence usually fall into areas subject to state sovereignty and are based on national law. National legislation, however, is often lacking in punishing certain crimes, particularly as regards the rules on jurisdiction, since they do not always provide for the power to seek and prosecute those who are responsible for a crime and for damages abroad of a foreign citizen, and therefore with respect to the phenomenon of internationalization of national jurisdiction. This also applies to offenses falling within the jurisdiction of International Criminal Court (ICC) under the constitutional instrument. ICC in order to exercise the necessary coercion for the purposes of justice in states territories, ends up to depend on the procedural mechanism of cooperation.
Specifically, international collaboration seeks to realize: -a harmonization system as effective as possible of all the laws of individual countries, in particular on the general provisions of criminal codes and definitions of the most serious offenses; -the definition of the area of offending crimes of mankind so as to realize through international agreements a solid and effective system of criminal prosecution for serious offenses; -regulation of jurisdictional conflicts with the uniform provision of crimes against humanity that are not always “protected” and provided for in national criminal justice systems.
Summary of Chapters
1.Introduction: Analyzes the dependency of the ICC on national judicial systems and state cooperation for conducting investigations and enforcing international justice.
2.Obligation to cooperate: Examines the legal basis and the dual formal/contentious nature of the duty of states to cooperate in international criminal proceedings.
3.The hypothesis of lack of cooperation by states: Discusses the procedural consequences and potential solutions when states fail to fulfill their obligations to assist the ICC.
4.Requests for assistance during inquiries: Explores the administrative and legal frameworks governing evidence collection and request fulfillment by state parties.
5.Consultations: Details the diplomatic and legal consultation processes required when executing assistance requests conflicts with national law.
6.Confidential information: Outlines the regulatory regime for handling sensitive and confidential information provided by states to the ICC during investigations.
7.Competing requests: Analyzes the challenges arising when multiple states or entities make competing requests for the delivery or extradition of a suspect.
8.Court assistance to states parties participating in the Statute: Describes how the ICC provides reciprocal assistance to states in their domestic investigations of international crimes.
9.Concluding remarks: Synthesizes the core tensions between international criminal law enforcement and state sovereignty.
Part B - 1.Introduction: Provides an overview of the ongoing challenges in documenting and prosecuting sexual violence in armed conflicts, emphasizing the need for legal recognition.
2.Seeking the definition of rape in international jurisprudence through the elements of objective and subjective offense: Tracks the evolution of the legal interpretation of rape in international law, focusing on consent and coercion.
3.Definition of rape in Special Court for Sierra Leone: Discusses the specific approach to rape adopted by the Special Court for Sierra Leone.
4.Definition of rape in ICC: Compares the ICC's approach to defining rape with prior international tribunal jurisprudence.
5.Joint Criminal Operation as a means of punishing the heads and governors of crimes of sexual violence. Judicial developments in the implementation of Joint Criminal Business: Reviews the use of JCO/JCE doctrines to hold senior leadership accountable for sexual crimes.
6.Criticism in the implementation of JCO as a means of incriminating the supporters of crimes of sexual violence: Critically evaluates the legal challenges and potential misuses of JCO in sexual violence cases.
7.The issue of ineffective investigations and omissions in the prosecution of crimes of sexual violence before the international criminal courts: Investigates the systemic failures and procedural mistakes in documenting sexual crimes.
8.Incompatibility between categories and evidence: Looks at the disconnect between legal definitions and the evidentiary material collected during investigations.
9.Difficulties in accessing victims of sexual violence in criminal proceedings: Analyzes the psychological and socio-cultural barriers that hinder victim participation.
10.Overcoming the taboo of male victims of sexual violence: Discusses the emerging recognition of male sexual victimization in war zones.
11.Legal and judicial vacuum in violence against men: Explores the lack of explicit legal provisions addressing sexual violence against men.
12.The new policy document of ICC prosecutor's office: addressing the gaps in international criminal justice: Reviews recent policy reforms intended to improve the prosecution of gender-based crimes.
13.Prospects and suggestions: Offers recommendations for future legal improvements in the field of international criminal prosecution.
14.Conclusions: Summarizes the key findings and highlights the long-term necessity of a more effective international cooperation framework.
Keywords
International Criminal Court, state cooperation, sexual violence, male rape, jurisdiction, legal assistance, joint criminal enterprise, human rights, international humanitarian law, evidence collection, complementarity, impunity, gender-based crimes, victim protection, procedural law.
Frequently Asked Questions
What is the primary scope of this research work?
The work primarily focuses on the legal complexities of state cooperation with the International Criminal Court and the systemic challenges in prosecuting sexual violence and rape within international criminal justice.
What are the central thematic fields covered?
The thematic areas include international criminal procedural law, the principle of complementarity, the doctrine of Joint Criminal Enterprise (JCE), and the evolution of the definition of sexual crimes.
What is the primary objective of the research?
The main goal is to evaluate the effectiveness of the international cooperation framework and to identify the legal and practical gaps in the prosecution of sexual violence, particularly in relation to the evolving definitions of rape and male victimization.
Which scientific methods are primarily utilized?
The research utilizes a legal-analytical approach, conducting a comparative analysis of international tribunal jurisprudence, treaty provisions, and scholarly literature on international criminal justice.
What is addressed in the book's main section?
The main part of the book addresses the legal obligations of states to cooperate, investigation procedures, the definition of rape, the application of Joint Criminal Enterprise to sexual crimes, and the policy challenges for the ICC Prosecutor’s office.
Which keywords best characterize the work?
The core keywords include International Criminal Court, state cooperation, sexual violence, male rape, Joint Criminal Enterprise, legal gaps, and international criminal jurisprudence.
How does the author view the "Joint Criminal Enterprise" doctrine in sexual violence cases?
The author discusses how JCE has been used by tribunals to link senior commanders to sexual violence crimes, while also highlighting significant criticisms regarding its potential for legal overreach and the difficulty of establishing individual criminal guilt.
What specific challenge does the author identify regarding male victims of sexual violence?
The author identifies a significant legal and judicial vacuum where international instruments have traditionally excluded men from the definition of sexual violence, leading to a marginalization of their victimization in documentation and prosecution efforts.
- Arbeit zitieren
- Professor Dimitris Liakopoulos (Autor:in), 2019, International Criminal Justice. Cooperation and fighting of male sexual crimes, München, GRIN Verlag, https://www.grin.com/document/461742
