ANALYSIS OF THE INTERNATIONAL CRIMINAL COURTS PROSECUTING SEXUAL VIOLENCE

ABSTRACT

Sexual violence is a common phenomenon worldwide, and it is particularly precarious. This research analyses criminal courts for prosecuting sexual violence. This research analyses the criminal courts prosecuting sexual violence. The crime of sexual violence is one that has been recognised internationally as well as within our local confines. However, questions on jurisdiction often arise as to the Court to exercise jurisdiction on prosecuting sexual offenders. Some doubts are still lingering on the courts that are empowered to hear cases on sexual violence generally. The research discusses the jurisdictional challenges on the prosecution of sexual violence related crimes. This work further examines the various courts with criminal jurisdiction to effectively prosecute sexual violence. This research finds that the International criminal court, the International Criminal Tribunal for Former Yugoslavia, International Criminal Tribunal for Rwanda, and the Special Court for Sierra Leone exercise jurisdiction over sexual violence related crimes. These courts have fulfilled their objectives in prosecuting most perpetrators of sexual violence during conflicts. However, the prosecutors encounter specific challenges when moving a sexual violence case through the legal system. In terms of proving international sex crimes, distinct evidentiary challenges exist. However, none of these measures is sustainable or effective without the political will and dedication of resources to support victims’ access to justice. Therefore, this research recommends that there is a need for international criminal courts to effectively investigate sexual violence and gender based crimes. Courts must ensure that the expertise and resources are in place that will allow it to overcome the challenges of investigation.