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 in
International Criminal Law focuses on the theoretical and practical
perspectives taken by the ICTY, ICTR, and ICC. It seeks to answer the
question of how high-level officials can and should be investigated
and prosecuted for their role in the commission of sexual and
gender-based crimes.

The author examines the forms, types, and amount of evidence used to
prove the role of these high-level accused in the commission of crimes
by rank-and-file soldiers. As the accused are usually not present on
the crime scene, the international criminal courts and tribunals must
rely on individual criminal liability theories enshrined in Article 7 ICTY
Statute, Article 6 ICTR Statute, and Articles 25 & 28 Rome Statute to
connect them to the atrocities committed on the ground.

100 individual cases from the ICTY, ICTR, and ICC are examined and
reveal that in most cases there was sufficient evidence to prove that
sexual and gender-based crimes were committed. It was however much
more difficult for the prosecutor to prove the role and responsibility of
the high-ranked accused and the modes of liability charged.

The author gives concrete recommendations on how to gather linkage
evidence effectively, and to use the modes of liability accurately to
prove the connection between the committed crimes, the broader
context and the accused's role.

Sylvester Sammie holds a Ph.D. in International Criminal Law (University
of Groningen), an LLM in International Criminal Law (University of
Turin), and an MA in Human Rights (Scuola Sant' Anna/University of
Pisa). He has over 15-years' experience with the United Nations, ICTR,
and ICC where he has investigated and written numerous reports on
atrocity crimes.