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57 Tex. Int'l L. J. 239 (2021-2022)
Invisible Crimes against Humanity of Gender Persecution: Taking a Feminist Lens to the ICC's Ntaganda and Ongwen Cases

handle is hein.journals/tilj57 and id is 261 raw text is: Invisible Crimes Against Humanity of Gender Persecution: Taking a Feminist Lens to the ICC's Ntaganda and Ongwen Cases MARINA KUMSKOVA* Abstract. To date, gender persecution did not receive due attention in the International Criminal Court (ICC) or any other international criminal tribunal, creating a gap in protection of diverse victims of this criminal act. One reason for limited prosecution of this crime is that various forms of sexual and gender-based violence (SGBV)-rape, sexual slavery, sexual violence, among others-serve to prove ethnic, political or religious persecution in the vast majority of cases before the ICC, while lacking systematic gender analysis. While SGBV are often linked to various forms of persecution, they can also constitute gender persecution. This paper argues that some cases tried before the ICC present an ample amount of evidence to establish gender persecution based on rape, sexual slavery, sexual violence, and other crimes already confirmed by the Court. Specifically, this paper argues that Ntaganda and Ongwen could have been decided differently and, in addition to confirmed charges of ethnic and political persecution respectively, the perpetrators in these cases could have been tried for gender persecution. Through two case studies, this paper provides a detailed analysis of how the key elements of gender persecution could have been established in Ntaganda and Ongwen. As such, the paper aims to contribute to the ongoing debate on effective investigation and prosecution of gender persecution. 239 * Marina Kumskova is a part-time student at the City University of New York (CUNY) School of Law and Senior Policy and Advocacy Advisor at the Global Partnership for the Prevention of Armed Conflict (GPPAC).

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