Sexual Violence in History: A Bibliography

compiled by Stefan Blaschke


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First published: January 1, 2024 - Last updated: January 1, 2024


Author: Oriola O. Oyewole

Title: A Critical Analysis of the Prosecution of Sexual and Gender-Based Violence at the International Criminal Court

Subtitle: -

Journal: ABUAD Law Journal

Volume: 11

Issue: 1

Year: 2023

Pages: 140-178

ISSN: 2971-7027 - Find a Library: WorldCat

Language: English

Keywords: Modern History: 20th Century, 21st Century | African History: Congolese History | Prosecution: Trials / International Criminal Court; Cases: Real Offenders / Germain Katanga, Thomas Lubanga Dyilo; Types: Wartime Sexual Violence / Ituri Conflict


- ABUAD Journals: collection of all scholarly journals floated by academic colleges and departments of Afe Babalola University, Ado-Ekiti, Nigeria (Free Access)

- ResearchGate (Free Access)


Abstract: »The prosecution of crimes of Sexual and Gender-Based Violence(SGBV) has remained a challenging issue for international criminal justice. Given that in the past, crimes of sexual violence within the context of international armed conflict were not considered substantive crimes. This is evidenced in the non-prosecution of sexual and gender-based crimes at the Nuremberg and Tokyo tribunals despite the incontrovertible utilisation of the "comfort women system" in Tokyo during World War II. However, with the emergence of the International Criminal Court (ICC), there seems to be a reasonable but piecemeal progression of the investigation and prosecution of SGBV. Although, previous studies have reported that investigating and gathering evidence for SGBV is a continuing concern within the jurisprudence of the ICC. The recently decided cases at the Court especially demonstrate a development and dynamics in the prosecution of SGBV at the ICC. By employing a doctrinal research method, I spotlight the nuances and hurdles of sexualised crimes within the ICC. The author recommends gender mainstreaming in the investigation and prosecution of sexual violence in order to fill the gap.« (Source: ABUAD Law Journal)

  Abstract (p. 1)
  1.1. Introduction (p. 2)
  1.2 Contextual Background of Crimes of SGBV in the International Criminal Justice System (p. 4)
  1.3. The Prosecution of Sexual and Gender-Based Violence at the ICC (p. 8)
    1.3.1 The Provision of The Rome Statute on Sexual and Gender-Based Violence (p. 16)
    1.3.2 The Prosecution of Sexual and Gender-Based Violence in Prosecutor v Thomas DyiloLubanga (p. 19)
    1.3.3. The Prosecution of Sexual and Gender-Based Violence in the Prosecutor v Katanga (p. 25)
    1.3.4 Command Responsibility (p. 34)
  1.4. Conclusion (p. 35)
  1.5 Recommendations (p. 37)

Wikipedia: History of Africa: History of the Democratic Republic of the Congo | Court: International Criminal Court / International Criminal Court investigation in the Democratic Republic of the Congo | Sex and the law: Rape / Wartime sexual violence | War: Ituri Conflict / Germain Katanga, Thomas Lubanga Dyilo