Gender Report Card on the International Criminal ... - YWCA Canada

Trial Proceedings
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confirmed by the Pre-Trial Chamber. 1138 Making
reference to Article 74 of the Statute, 1139 Judge
Odio-Benito asked: ‘How is sexual violence
relevant to this case, and how does the
Prosecution expect the Trial Chamber to refer
to the sexual violence allegedly suffered by girls
if this was not in the facts and circumstances
described in the charges against Mr Lubanga
Dyilo’ 1140 Although the question was directed
towards Deputy Prosecutor Bensouda, she
indicated that Chief Prosecutor Moreno-Ocampo
would respond to this question. Having been
granted permission by the Chamber to answer
this question, the Prosecutor stated:
We believe the facts are that the girls
were abused, used as sexual slaves and
raped. We believe this suffering is part
of the suffering of the conscription.
We did not allege and will not present
evidence linking Thomas Lubanga with
rapes. We allege that he linked it with
the conscription and he knows the
harsh conditions. So what we believe in
this case is a different way to present
the gender crimes. It presents the
gender crimes not specific as rapes.
<strong>Gender</strong> crimes were committed as part
of the conscription of girls in -- in the
militias. And it is important to have the
charge as confined to the inscription,
because if not – and that’s the point
1138 For more information on the gender issues in the case of
The Prosecutor v. Thomas Lubanga Dyilo and the Women’s
Initiatives for <strong>Gender</strong> Justice’s advocacy to include
gender-based crimes in the charges, see the article by
Brigid Inder, Executive Director, ‘Reflection: <strong>Gender</strong> Issues
and Child Soldiers in the case of Prosecutor v Thomas
Lubanga Dyilo’, 25 August 2011, available at . See also the Legal Filings submitted
by the Women’s Initiatives for <strong>Gender</strong> Justice to the
International Criminal Court, available at .
1139 Article 74 provides that the decision shall not exceed the
facts and circumstances described in the charges and
any amendment to the charges.
1140 ICC-01/04-01/06-T-356-ENG, p 53 lines 23-25; p 54 line 1.
that Ms Coomaraswamy 1141 did here –
if not, the girls are considered wife and
ignored as people to be protected and
demobilised and cared. That is why
the Prosecutor decided to confine the
charges -- to present the suffering and
the sexual abuse and the gender crime
suffered by the girls in the camps just
as conscription, showing this gender
aspect of the crime. 1142
According to trial observers, Moreno-Ocampo
then sat down. Judge Fulford thanked him
for his submission and began to address the
Legal Representatives of Victims, to which
Moreno-Ocampo responded ‘I think I have
one minute’. 1143 This led to another exchange
between the Prosecutor and Judge Fulford:
Judge Fulford:
Sorry, Mr Ocampo, I thought you’d
finished.
Moreno-Ocampo:
No, I’d like to answer the previous
question properly because I think your
question was very important. I’d like to
answer properly in a few seconds –
Judge Fulford:
Well, I thought you’d finished your
submission.
Moreno-Ocampo:
No, I never said that. 1144
With Judge Fulford’s permission, Moreno-
Ocampo continued his reply to Judge Odio-
Benito’s question:
1141 UN Under-Secretary General and Special Representative
of the Secretary General of the UN for Children and
Armed Conflict Radhika Coomaraswamy acted both as
amicus curiae and expert witness in the case. See <strong>Gender</strong>
<strong>Report</strong> <strong>Card</strong> 2008, p 87-89 and <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010,
p 135-136.
1142 ICC-01/04-01/06-T-356-ENG, p 54 lines 8-22.
1143 ICC-01/04-01/06-T-356-ENG, p 54 lines 23-25.
1144 ICC-01/04-01/06-T-356-ENG, p 55 lines 1-8.