The Normative Evolution of Gender-Based Crimes Against Humanity

Abstract

This article traces the history of gender-based crimes against humanity, examining the process by which the International Criminal Court came to recognize crimes exploiting gender-specific roles as differentiating from existing sexual offences. Focusing on the case of former Lord’s Resistance Army commander Dominic Ongwen, various perspectives across international law are explored in order to elucidate the justification for creating new charges addressing gender-based crimes, including forced marriage. Considering the recent conviction of Mr. Ongwen, this essay provides excellent insight into the current paradigm shift occurring within international law concerning the prosecution of gender-based crimes against humanity.