Linking High-Level Accused to Sexual and Gender-Based Crimes in International Criminal Law[ e-boek]

Linking High-level Accused to Sexual and Gender-Based Crimes inInternational Criminal Law focuses on the theoretical and practicalperspectives taken by the ICTY, ICTR, and ICC. It seeks to answer thequestion of how high-level officials can and should be investigatedand prosecuted for their role in the commission of sexual andgender-based crimes.The author examines the forms, types, and amount of evidence used toprove the role of these high-level accused in the commission of crimesby rank-and-file soldiers. As the accused are usually not present onthe crime scene, the international criminal courts and tribunals mustrely on individual criminal liability theories enshrined in Article 7 ICTYStatute, Article 6 ICTR Statute, and Articles 25 & 28 Rome Statute toconnect them to the atrocities committed on the ground.100 individual cases from the ICTY, ICTR, and ICC are examined andreveal that in most cases there was sufficient evidence to prove thatsexual and gender-based crimes were committed. It was however muchmore difficult for the prosecutor to prove the role and responsibility ofthe high-ranked accused and the modes of liability charged.The author gives concrete recommendations on how to gather linkageevidence effectively, and to use the modes of liability accurately toprove the connection between the committed crimes, the broadercontext and the accused's role.Sylvester Sammie holds a Ph.D. in International Criminal Law (Universityof Groningen), an LLM in International Criminal Law (University ofTurin), and an MA in Human Rights (Scuola Sant' Anna/University ofPisa). He has over 15-years' experience with the United Nations, ICTR,and ICC where he has investigated and written numerous reports onatrocity crimes.