Author: Rosemary Grey

[Rosemary Grey is a Senior Lecturer at Sydney Law School, within the University of Sydney, researching in the field of international criminal law. Ludmila Stern is a Professor at UNSW in the field of interpreting studies, whose research examines interpreter-mediated communication in complex legal/courtroom settings, including those of war trials in national and international courts.] Conducting atrocity trials in multiple languages is...

The Extraordinary Chambers in the Courts of Cambodia (ECCC) was created by the Cambodian government in partnership with the United Nations. Its purpose was to prosecute crimes under international and Cambodian law committed between 1975 and 1979, when Cambodia was ruled by the Communist Party of Kampuchea (CPK), better known as the ‘Khmer Rouge’. On 22 September 2022, the ECCC’s appeal chamber delivered its final judgment,...

[Dr Rosemary Grey is a lecturer at Sydney Law School.] Last week’s hearing in the Abd-al-Rahman case, one of the ICC’s long-awaited ‘Sudan’ cases, marks a step forward in the Court’s practice in prosecuting gender-based crimes. It is the first ICC case in which crimes committed exclusively against men and boys have been expressly charged as gender-based crimes (specifically, as persecution on intersecting...

[Rosemary Grey is a PhD Candidate at the Faculty of Arts and Social Sciences, University of New South Wales.] The case of The Prosecutor v Bosco Ntaganda, which is currently before the International Criminal Court (ICC), is the latest of several cases in the ICC and Special Court for Sierra Leone (SCSL) to address the issue of sexual violence against female child soldiers by members of their own group. The accused, Ntaganda, is the alleged former commander of the Union des Patriotes Congolais-Forces Patriotiques pour la libération du Congo (UPC-FPLC), an armed group which in 2002 and 2003 was involved in the non-international armed conflict in the Democratic Republic of Congo (DRC). On 9 June 2014, Pre-Trial Chamber II confirmed the charges against Ntaganda, including charges for the rape and sexual slavery of female child soldiers in the UPC–FPCL by their commanders and fellow soldiers, which the ICC Prosecutor characterized as war crimes under Article 8(2)(e)(vi) of the Rome Statute. This was the first time that Article 8(2)(e)(vi) had been used to prosecute sex crimes committed against child soldiers by members of the same armed group. I recently discussed the Pre-Trial Chamber’s decision on Beyond The Hague; here I will focus on the parties’ interpretation of Article 8(2)(e)(vi), and highlight some important gender issues raised by this case.