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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Ending impunity for sexual and gender-based crimes: the International Criminal Court and complementarity in the Democratic Republic of Congo
Author:Lake, Milli
Year:2014
Periodical:African Conflict and Peacebuilding Review (ISSN 2156-7263)
Volume:4
Issue:1
Pages:1-32
Language:English
Geographic term:Congo (Democratic Republic of)
Subjects:International Criminal Court
sexual offences
offences against the person
legal systems
legal reform
Link:https://muse.jhu.edu/journals/african_conflict_and_peacebuilding_review/v004/4.1.lake.pdf
Abstract:The International Criminal Court (ICC) was established in 2002 to combat impunity for the most serious crimes of international concern. It seeks to do so in two ways: through a series of high-profile cases in The Hague, intended to deter future war criminals; and through its complementarity mechanism, which equips national legal systems to prosecute ICC crimes domestically. Through a case study of the prosecution of sexual and gender-based violence in the Democratic Republic of Congo, this article examines efforts by various stakeholders to realize the legal complementarity principle embedded in the Rome Statute. The article argues that the domestic prosecution of ICC crimes requires developments in four distinct areas: legislative reform, institutional reform, education and training, and the building of public trust and participation. The research also reveals that where developments in these areas have occurred, they have been propelled by a variety of domestic and international stakeholders. However, the ICC itself has failed to contribute significantly to the realization of complementarity that is central to achieving its mandate. Bibliogr., notes, ref., sum. [Journal abstract]
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