International Criminal Court ( ICC)
ABOUT INTERNATIONAL CRIMINAL COURT (ICC)
On 17 July 1998, 120 States adopted a statute in Rome – known as the Rome Statute of the International Criminal Court (“the Rome Statute”) – establishing the International Criminal Court. For the first time in the history of humankind, States decided to accept the jurisdiction of a permanent international criminal court for the prosecution of the perpetrators of the most serious crimes committed in their territories or by their nationals after the entry into force of the Rome Statute on 1 July 2002. The International Criminal Court is not a substitute for national courts. According to the Rome Statute, it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes. The International Criminal Court can only intervene where a State is unable or unwilling genuinely to carry out the investigation and prosecute the perpetrators. The primary mission of the International Criminal Court is to help put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole, and thus to contribute to the prevention of such crimes.
Content Source : ICC website
Cases with specific reference to sexual violence against the male gender :
Case Title : The Prosecutor v. Jean-Pierre Bemba Gombo
Case Citation : ICC-01/05-01/08
Charges : On 21 March 2016,Trial Chamber III had concluded that, as a person effectively acting as a military commander and with effective control over the Mouvement de libération du Congo (“MLC”) troops, Mr Bemba was criminally responsible pursuant to article 28(a) of the ICC Rome Statute for the crimes against humanity of murder and rape and the war crimes of murder, rape and pillaging committed by the MLC troops in the Central African Republic (“CAR”) from on or about 26 October 2002 to 15 March 2003.
Status : On 21 March 2016, Trial Chamber III declared, unanimously, Jean-Pierre Bemba Gombo guilty beyond any reasonable doubt of two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape, and pillaging ).
Sentence : On 21 June 2016, Trial Chamber III sentenced Mr Bemba to 18 years of imprisonment.
Country : Central African Republic
Bemba et al. Case
Case Title : The Prosecutor v. Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido
Case Citation : ICC-01/05-01/13
Status : On 8 June 2018, the Appeals Chamber of the International Criminal Court decided by majority, to acquit Jean-Pierre Bemba Gombo from the charges of war crimes and crimes against humanity.
Country : Central African Republic
Case Title : The Prosecutor v. Dominic Ongwen
Case Citation : ICC-02/04-01/15
Charges : Dominic Ongwen is accused, pursuant to articles 25(3) (a) (direct perpetration, indirect perpetration and indirect co-perpetration), 25(3) (b) (ordering), 25(3) (d) (i) and (ii) and 28(a) (command responsibility) of the Rome Statute, for the following crimes against humanity and war crimes: War crimes: attack against the civilian population; murder and attempted murder; rape; sexual slavery; torture; cruel treatment; outrages upon personal dignity; destruction of property; pillaging; the conscription and use of children under the age of 15 to participate actively in hostilities; Crimes against humanity: murder and attempted murder; torture; sexual slavery; rape; enslavement; forced marriage as an inhumane act; persecution; and other inhumane acts.
Status : Closing statements scheduled to start on 10 March 2020
Country : Uganda
Case Title : The Prosecutor v. Bosco Ntaganda
Case Citation : ICC-01/04-02/06
Charges : On 8 July 2019 Mr. Ntaganda was found guilty of crimes against humanity (murder and attempted murder, rape, sexual slavery, persecution, forcible transfer and deportation) and war crimes (murder and attempted murder, intentionally directing attacks against civilians, rape, sexual slavery, ordering the displacement of the civilian population, conscripting and enlisting children under the age of 15 years into an armed group and using them to participate actively in hostilities, intentionally directing attacks against protected objects, and destroying the adversary’s property).While the evidence did not sustain all incidents indicated by the Prosecutor, it did demonstrate that in relation to each of the 18 counts at least part of the charges were proven beyond any reasonable doubt. The Chamber has found that Mr Ntaganda was liable as a direct perpetrator for parts of the charges of three of the crimes, namely murder as a crime against humanity and a war crime and persecution as a crime against humanity, and was an indirect perpetrator for the other parts of these crimes. He was convicted as an indirect perpetrator for the remaining crimes.Status : The verdict is currently subject to appeals.
Country : Democratic Republic of Congo
Case Title : The Prosecutor v. Callixte Mbarushimana
Case Citation : ICC-01/04-01/10
Charges : The Prosecution alleges that Callixte Mbarushimana is criminally responsible under article 25(3)(d) of the Rome Statute for: Five counts of crimes against humanity: murder, torture, rape, inhumane acts and persecution; Eight counts of war crimes: attacks against the civilian population, murder, mutilation, torture, rape, inhuman treatment, destruction of property and pillaging.
Status : Pre-Trial Chamber declined to confirm the charges against Callixte Mbarushimana and ordered his release. The Prosecution can request anew the confirmation of charges by presenting additional evidence.
Country : Rawanda, DRC
Case Title : The Prosecutor v. Thomas Lubanga Dyilo
Case Citation : ICC-01/04-01/06
Charges : On 14 March 2012, Mr Lubanga Dyilo was convicted of committing, as co-perpetrator, war crimes consisting of: Enlisting and conscripting of children under the age of 15 years into the Force patriotique pour la libération du Congo [Patriotic Force for the Liberation of Congo] (FPLC) and using them to participate actively in hostilities in the context of an armed conflict not of an international character from 1 September 2002 to 13 August 2003 (punishable under article 8(2)(e)(vii) of the Rome Statute). The verdict was rendered by Trial Chamber I, composed of Judge Adrian Fulford (United Kingdom), as Presiding Judge, Judge Eli zabeth Odio Benito (Costa Rica) and Judge René Blattmann (Bolivia). Although the first two judges have written separate and dissenting opinions on some issues, the verdict was unanimous. On 10 July 2012, Trial Chamber I sentenced Thomas Lubanga Dyilo to a total period of 14 years of imprisonment. The time he spent in the ICC’s custody will be deducted from this total sentence.
Status : The verdict and the sentence were confirmed by the Appeals Chamber on 1 December 2014. Chamber to decide in due course on next steps in implementation of collective reparations.The reparations proceedings started on 7 August 2012.
Country : Democratic Republic of Congo
Case Title : The Prosecutor v. Uhuru Muigai Kenyatta
The Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali
Case Citation : ICC-01/09-02/11
Charges : Mr Kenyatta was accused of being criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of: murder (article 7(l)(a)); deportation or forcible transfer of population (article 7(l)(d)); rape (article 7(l)(g)); persecution (article 7(l)(h)); and other inhumane acts (article 7(l)(k)). On 5 December 2014, the Prosecutor filed a notice to withdraw charges against Mr Kenyatta. On 13 March 2015, Trial Chamber V(B), terminated the proceedings in this case and vacated the summons to appear against Mr Kenyatta.
Status : The case is considered closed unless and until the Prosecutor submits new evidence
Country : Kenya