What the International Criminal Court has achieved and can achieve for victims/survivors of sexual violence

In this contribution, the provisions of potential benefit to victims/survivors of sexual violence in the Rome Statute of the International Criminal Court and its subsidiary instruments will be discussed. In addition, the Court’s practice to date in investigating and prosecuting sexual violence crimes will be examined. The new regime of the ICC brings with it improvements to international criminal law of benefit to victims/survivors of sexual violence. Whether this also means that the interests of victims/survivors of sexual violence are also better served in practice than under previous processes is, however, discussed, followed by the ICC’s potential to address justice for victims/survivors of sexual violence. In this contribution it will become clear that provisions which are good on paper may not necessarily be sufficient in providing justice to victims of sexual violence. Good implementation of these provisions and of the institutional structures at the Court is needed in order to ensure that the rights given to victims/survivors of sexual violence do not remain merely an empty promise.

Year of Publication: 2009