Combating Impunity : examining amicus curiae, the International Criminal Court, and accountability for conflct-related sexual violence in the ongoing Ukraine conflict

Abstract

This thesis examines the role of the International Criminal Court (ICC) in addressing conflict-related sexual violence (CRSV) in the ongoing conflict in Ukraine, with a focus on the legal frameworks and practical challenges in using amicus curiae to hold perpetrators accountable. By blending legal dogmatism and legal functionalism, this study seeks to provide a nuanced and comprehensive analysis of the ICC’s efforts to utilize amicus to combat CRSV during active conflicts. The purpose of this research is to answer four key questions including: how effective has the ICC been in prosecuting individuals responsible for CRSV in the ongoing conflict in Ukraine? What legal and practical challenges explain the rampancy of CRSV in this context? The justification for this study lies in the urgent need to address the rampancy of CRSV as a humanitarian concern that demands attention from the international community. While recent legal developments have made CRSV punishable in axiomatic terms, much work remains to be done to ensure that these laws are effectively implemented and enforced. Furthermore, the ongoing conflict in Ukraine presents a complex and challenging context for addressing CRSV, making it a timely and relevant case study for examining the broader challenges of combatting sexual violence in conflict. The major finding of this research is that while CRSV are now punishable in axiomatic terms, the biggest challenge lies in implementing these laws effectively. The study suggests that the Ukraine government and ICC can play a crucial role in curbing impunity for CRSV by addressing the legal and practical impediments and strengthening international cooperation and coordination through amicus curiae assistance. The implications of this research include identifying specific legal and practical impediments to the ICC’s efforts to address CRSV in the Ukrainian conflict and proposing strategies for amicus to help Ukraine emboss Ukraine’s ‘e-enemy’ chatbot. The study highlights the benefits and drawbacks of amicus representations in ensuring victim participation and recognition in ICC proceedings and beyond. By complementing victim participation with amicus in ICC proceedings, the ICC can empower victims to play a more active role in seeking justice and holding perpetrators accountable for CRSV.