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Sexual Violence And Gender Based Crimes

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This paper examines the prosecutorial strategy that the Prosecutor of the International Criminal Court must adopt concerning sexual violence and gender-based crimes. The focus of the research is on the second situation in the Central African Republic, being currently investigated by the Court, because of its practicality since it is a conflict in which sexual violence has played an essential role. The author suggests that the origin of sexual violence is of the utmost importance when deciding to investigate and prosecute these crimes. The role of patriarchal structures within the Central African Republic society determine the impact and degree of severity of sexual violence and gender-based crimes in the unfolded armed conflict. Therefore, the authors suggests the changes that must be applied to the current strategy to guarantee an adequate prosecution of sexual violence and gender-based crimes. Then author explains that a comprehensive research on the background of gender inequality within the society must be compulsory for every investigation that the Prosecutor carries out. Then, the author further argues that the Office of the Prosecutor must upgrade the gendered prosecutorial strategy already implemented to ensure a gender neutral approach. The elements and the prosecutorial strategy must be modified to include changes that would assure a more faithful depiction of gender dynamics. The authors suggests that the definition of rape in the Rome Statute must include
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