Linking High-level Accused to Sexual and Gender-Based Crimes in International Criminal Law: theory and Practice of the ICTY, ICTR, and ICC

This book addresses the problem of linking high-level accused to Sexual and Gender-Based Crimes in international criminal law and focuses on the theoretical and practical perspectives taken by the ICTY, ICTR, and ICC. It seeks to answer the research question: How can and should high-level officials be investigated and prosecuted for their role in the commission of Sexual and Gender-Based Crimes? The research project was focused on the forms, types, and amount of evidence used to prove the role of these high-level accused in the commission of the crimes by the rank-and-file soldiers. These high-level accused are usually removed from the crime scenes and the international criminal courts and tribunals rely on the individual criminal liability theories enshrined in Articles 7 ICTY Statute, Article 6 ICTR Statute, and Articles 25 & 28 Rome Statute to connect them to the atrocities committed on the ground. The study examined 100 individual cases of Sexual and Gender-Based Crimes from the ICTY, ICTR, and ICC and revealed that most times the evidence was sufficient to prove the Sexual and Gender-Based Crimes, but it became much harder for the prosecutor to gather evidence to prove the links to the high-ranked accused and the modes of liability charged. The study concludes with concrete recommendations on how to gather linkage evidence effectively and use the modes of liability accurately to reflect connections between Sexual and Gender-Based Crimes, the broader context, and the accused’s role