Opinio Juris | Symposium in Pursuit of Intersectional Justice at the International Criminal Court: Group Three – Observations on Forced Pregnancy – Protecting Personal and Reproductive Autonomy
Excerpt of Opinio Juris article co-authored by GJC President Akila Radhakrishnan.
In February 2021, nearly 20 years after the Rome Statute’s entry into force, the International Criminal Court (ICC) secured its first conviction for forced pregnancy as a war crime and a crime against humanity in the case against Lord’s Resistance Army (LRA) commander Dominic Ongwen. In that 2021 judgment, the Trial Chamber found that the enumeration of the crime in the Rome Statute protects the distinct legal interest of personal and reproductive autonomy.
The Global Justice Center, Women’s Initiatives for Gender Justice, Amnesty International and Dr. Rosemary Grey submitted an amicus brief to the Appeals Chamber on the definition of this crime, addressing questions that were raised in Ongwen’s appeal brief. In addition, in February 2022, at the invitation of the Appeals Chamber, we presented oral observations to the Court as amici.
This post summarizes the arguments made in our amicus brief and oral submissions, and very briefly comments on related arguments about the crime of forced pregnancy made by the Prosecution, Defence and victims’ legal representatives in this case.