Campus Sexual Assault by Lauren J. Germain

The ICC offers both individual and collective reparations for victims with certain conditions. Until the Court can remedy deficiencies related to both prosecutorial strategy and the link between high-level actors and SGBV crimes by using extended modes of liability, it should revisit its reparations regime to reflect the reality that SGBV crimes invariably accompany armed conflict, whether or not an SGBV charge or conviction succeeds. 5 Key lessons learned from prosecutorial planning related to SGBV crimes of former Tribunals are also considered in this paper as well as the recent cases of Mr. However, SGBV crimes that have been dropped against the accused can be considered as aggravating factors in sentencing, upon a guilty conviction for a different crime according to the Policy Paper on Sexual and Gender-Based Crimes 2014. 4 This occurs despite consistent social science data suggesting SGBV victims are the most in need of psychological and physical support services. Thus, if SGBV crimes are dropped or do not result in a conviction, SGBV victims cannot benefit from individual reparations orders (although they mayindirectly benefit from collective orders or TFV assistance programs).

The LubangaAC decision only allows for reparations for charged crimes which result in a guilty verdict. Particular focus is given to the interaction between the Lubanga Appeals Chamber (AC) decision for reparations and ineffective prosecutorial strategy for SGBV crimes, which rendered an outcome that lacked both symbolic justice and financial support for the injuries of SGBV victims. 3 This article assesses the ICC’s jurisprudence, statutes and institutional structure with regard to SGBV crimes in light of its stated mandate and its 20 th anniversary as a permanent international court. Jean-Pierre Bemba, which was later overturned by a divided Appeals Chamber on June 8 th, 2018.

2 To date, the ICC has only rendered one successful conviction for sexual and gender-based violence (SGBV) crimes in the decision of Mr. 1 Article 54(1)(b) of the Rome Statute requires the Prosecutor to ensure the effective investigation and prosecution of crimes within the Court’s jurisdiction taking into account the nature of the crime, particularly when it involves sexual violence, gender-violence, or violence against children.

The International Criminal Court (ICC) has been hailed the “victim’s court”, given its wide victim participation scheme at all stages of proceedings in comparison to its predecessor Tribunals.

This article assesses the ICC’s jurisprudence, statutes and institutional structure with regard to SGBV crimes in light of its stated mandate and its 20 th anniversary on Jas a permanent international court.

Campus Sexual Assault by Lauren J. Germain