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2 NZWLJ 168 (2018)
Prosecuting Sexual Violence in Conflict and the Future of the Common Criminal Purpose at International Criminal Law

handle is hein.journals/nzwomlj2 and id is 172 raw text is: PROSECUTING SEXUAL VIOLENCE IN CONFLICT AND THE FUTURE OF THE COMMON CRIMINAL PURPOSE AT INTERNATIONAL CRIMINAL LAW Katharine Guilford* Sexual violence has long been considered an incidental crime, unrelated to the wider context of a conflict. In practice, this misconception can result in sexual violence unconsciously being subjected to a higher standard ofproof than other crimes before it can be considered within the common criminal purpose of a criminal group. While the International Criminal Tribunal for the former Yugoslavia (ICTY) has established a robust body ofjurisprudence in relation to sexual violence, sexual violence crimes are often relegated to 'natural and foreseeable consequences but outside of the execution of a common criminal plan. Unlike the ICTY the International Criminal Court (ICC) does not have the luxury of a mode of liability encompassing crimes that fall outside the common purpose. As the mandate of the ICTY has come to an end at the close of 2o07, it is important to reflect on what the legacy of the ICTY might mean for holding accountable those committing atrocities in conflicts today and in the future. 7his article considers the challenges in prosecuting conflict-related sexual violence in international criminal courts and tribunals. It looks at the manner in which sexual violence was found to fall outside the common purpose in a number of Kosovo cases before the ICTYandputsforwardpotential tools that could be used to ensure that, in the minds ofjudges, sexual violence plays a prominent role in the common criminalpurpose. LLB(Hons)/BA, Victoria University of Wellington. Barrister and Solicitor of the High Court of New Zealand. Immense thanks are extended to Alberto Costi, who supervised Katharine's honours paper from which this article was adapted. Thanks also to this Journal's editors for providing a platform in which gender issues can be discussed.

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