Policy Paper on Sexual and Gender-Based Crimes
International Criminal Court – Office of the Prosecutor
June 2014 – 44 pages

:: Press Release (excerpt)
This comprehensive Policy Paper will guide the Office of the Prosecutor in its work in fighting against impunity for sexual and gender-based crimes, and promote transparency and clarity, as well as predictability in the application of the legal framework of the Rome Statute to such crimes. In turn, the policy will contribute to ensuring not only the effective investigation and prosecution of sexual and gender-based crimes, but also to enhancing access to justice for victims of these crimes, through the ICC. Sexual and gender-based crimes are among the gravest under the Rome Statute and investigating and prosecuting such crimes is a key priority for the Office.

:: Policy Paper Executive Summary (excerpts)
1. Over the past few decades, the international community has taken progressive steps to put an end to impunity for sexual and gender-based crimes. The Statute of the ICC is the first international instrument expressly to include various forms of sexual and gender-based crimes — including rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, and other forms of sexual violence — as underlying acts of both crimes against humanity and war crimes committed in international and non-international armed conflicts. The Statute also
criminalises persecution based on gender as a crime against humanity. Sexual and gender-based crimes may also fall under the Court’s jurisdiction if they constitute acts of genocide or other acts of crimes against humanity or war crimes. The Rules of Procedure and Evidence (‚Rules‛) and the Elements consolidate important procedural and evidentiary advancements to protect the interests of victims and enhance the effectiveness of the work of the Court.
2. Recognising the challenges of, and obstacles to, the effective investigation and prosecution of sexual and gender-based crimes, the Office elevated this issue to one of its key strategic goals in its Strategic Plan 2012-2015. The Office has committed to integrating a gender perspective and analysis into all of its work, being innovative in the investigation and prosecution of these crimes, providing adequate training for staff, adopting a victim-responsive approach in its work, and paying special attention to staff interaction with victims and witnesses, and their fa ilies and communities. It will increasingly seek opportunities for effective and appropriate consultation with victims’ groups and their representatives to take into account the interests of victims.
3. The Office recognises that sexual and gender-based crimes are amongst the gravest under the Statute. Consistent with its positive complementarity policy, and with a view to closing the impunity gap, the Office seeks to combine its efforts to prosecute those most responsible with national proceedings for other perpetrators.
4. The Office pays particular attention to the commission of sexual and gender-based crimes at all stages of its work: preliminary examination, investigation, and prosecution. Within the scope of its mandate, the Office will apply a gender analysis to all crimes within its jurisdiction, examining how those crimes are related to inequalities between women and men, and girls and boys, and the power relationships and other dynamics which shape gender roles in a specific
context. In addition to general challenges to investigations conducted by the Office, such as security issues related to investigations in situations evidence; lack of forensic or other documentary evidence, owing, inter alia, to the passage of time; and inadequate or limited support services at national level. The Office will pay particular attention to these crimes from the earliest stages in order to address such challenges. The establishment of contacts and networks within the community will be prioritised to the extent possible to support the operational activities of the Office, particularly with regard to augmenting its access to
information and evidence.
5. Article 68(1) of the Statute obliges the Office to take various measures to protect the safety, physical and psychological well-being, dignity, and privacy of victims and witnesses, particularly during its investigation and prosecution activities with regard to sexual and gender-based crimes and crimes against children. The Office will strive to ensure that its activities do not cause further harm to victims and witnesses…
…14. The Office also recognises the crucial role that civil society plays in preventing and
addressing sexual and gender-based crimes. The Office will seek to support and strengthen cooperation with these organisations, particularly those which have experience in documenting sexual and gender-based crimes and working with victims of these crimes. The Office will enhance its institutional capacity to investigate and prosecute sexual and gender-based crimes with the assistance of its Gender and Children Unit (‚GCU‛) and the Special Gender Adviser to the Prosecutor. The Office recognises the need to strengthen its in-house expertise on sexual and gender-based crimes relating to women and girls, and men and boys, both in conflict and non-conflict situations. It will continue to recruit persons with the required expertise and experience in this field….