Research On The Crimes Of Sexual Violence From The Perspective Of Proceeding Of Litigation Procedures In The International Criminal Court

Large-scale crime of sexual violence is very common in the context of armed conflict,International Criminal Court,who started its formal operation from 2002,has made many pioneering contributions in punishing crimes of sexual violence on the basis of the legacy of ad hoc courts.Although ICC has many achievements,it also has exposed many problems in the judicial practice of prosecuting crimes of sexual violence.The main problem trying to be solved in this article is finding out in the proceedings of handling with this special kind of crimes in the ICC,from the prosecutor’s investigation and prosecution stage,the court’s trial stage to the enforcement stage,how international criminal law was applied by ICC,what kind of problems exist in the application,and how to improve them.This article is divided into five parts.The Chapter I is about the predicament of crimes of sexual violence and the current state of legislation of such crimes under the ICC system.First,it pointed out the fact that victims of crimes of sexual violence have obstacles in their path to justice and the reasons and necessity of extra attention they need.At the same time,it analyzed the state of legislation on crimes of sexual violence under the "Rome Statute" system,the from the perspective of three main crimes of genocide,crimes against humanity and war crimes,discussed the definition of "crimes of sexual violence".Chapter Ⅱ discussed the problems existing in the investigation and prosecution of sexual violence crimes under the ICC,mainly illustrated the negative impact of the prosecutor’s prosecution strategy on the investigation and prosecution of sexual violence crimes,and feasibility of Pre-trial Chamber to balance the prosecutor’s discretion under Article 51 through Article 61(7);and the unfair circumstance existing in the victim’s participation in the litigation proceedings,mainly talked about the limited rights of the victim to participate in the litigation and the unreasonable situation in the grouping procedure.The Chapter Ⅲ explained the problems in the judicial determination of substantive laws in the formal case trial stage,mainly discussed the court’s negative attitude towards cumulative charge,the vague identification of the key definition of "sexual nature",and incorrect application of the forms of liabilities.The Chapter Ⅳ is the practical dilemma in the enforcement stage,mainly discussed issues of ICC’s unique victim compensation system,which mainly presents as the preference of ICC for the protection of the defendant and affected the rights of the victims,and the ambiguous authority ICC granted to the Victim Trust Fund.The Chapter Ⅴ is about the suggestions for on the above issues and the prospects for the future.It provided different solutions for each departments of the ICC,and analyzed the "Policy Paper" issued by the Office of the Prosecutors in 2014 regarding of the punishment of crimes of sexual violence.In summary,this article analyzed the obstacles and reasons of it for obtaining relief for crimes of sexual violence from the perspective of the proceeding of litigation procedures,and provides relevant suggestions for improvement.