Expanding IHL through ICL : how prosecutorial opportunism and judicial activism redefined intra-party SGBV crimes at the ICC / Joanna Frivet
Document type:
Article
Title:
Expanding IHL through ICL : how prosecutorial opportunism and judicial activism redefined intra-party SGBV crimes at the ICC
Author zone:
Joanna Frivet
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Languages:
English
Abstract:
Despite the reluctance in expanding international humanitarian law (IHL) through international criminal law (ICL), in particular in areas that are deliberately unregulated by the Geneva Conventions, such as intra-party Sexual and Gender Based Violence (SGBV) crimes, the recent decision of the ICC judges in the case against Bosco Ntaganda has created a necessary bridge to mitigate the accountability gap for victims of intra-party SGBV crimes in both international and non-international armed conflicts. This article explores how this decision that affects 64 million individuals who are actively participating in conflicts as part of state military capacity, reserve, and paramilitary groups, was the result of the unexpected convergence of prosecutorial opportunities and judicial activism at the ICC. It also explores, in a question-driven inquiry, the practical implications of expanding the framework of the Geneva Conventions through judicial activism.
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