2014 | Kelly Dawn Askin - Holding Leaders Accountable in the International Criminal Court
Prosecution of the perpetrators - direct and indirect - of criminal acts of sexual violence during conflict, serves as the gateway towards all other reparatory efforts for the victims of these crimes.
This Article provides an overview of the historical legal treatment of rape in the context of war and then focuses on the perpetration of sexual violence in Darfur. The author relies on the reports of the UN Commission of Inquiry from January 2005 and of the US State Department's Atrocities Documentation Team from August 2004. The goal of the Article is to demonstrate how the sexual violence being committed in Darfur could be prosecuted by the International Criminal Court as war crimes, crimes against humanity, and genocide. In particular, the question is asked: which one of the three concepts, individual responsibility, command and superior responsibility, and Joint Criminal Enterprise, should be relied upon to hold both the military and political leaders of Sudan accountable.