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Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto Dec 2012

Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto

Susana L. SáCouto

INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way …


Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary Apr 2012

Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary

Susana L. SáCouto

No abstract provided.


Introductory Note For The International Criminal Court.Pdf, Susana L. Sacouto Dec 2009

Introductory Note For The International Criminal Court.Pdf, Susana L. Sacouto

Susana L. SáCouto

INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.


Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs.Pdf, Susana L. Sacouto Dec 2009

Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs.Pdf, Susana L. Sacouto

Susana L. SáCouto

INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.


The Katanga Complementarity Decisions.Pdf, Susana L. Sacouto Dec 2009

The Katanga Complementarity Decisions.Pdf, Susana L. Sacouto

Susana L. SáCouto

On 25 September 2009, the Appeals Chamber of the International Criminal Court (ICC) issued a seminal decision on the subject of complementarity in the case Prosecutor v. Germain Katanga. The outcome  of the Chamber's decision is that, even if a state has initiated an investigation or prosecution against an individual, the ICC may prosecute that individual for the same crimes or even a more selective range of crimes, so long as the state is willing to close the ongoing investigation or prosecution at the request of the ICC Prosecutor. While this decision is defensible under the language of the Rome …


The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court.Pdf, Susana L. Sacouto Dec 2007

The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court.Pdf, Susana L. Sacouto

Susana L. SáCouto

INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …