Press Releases

Developments over the past week in the handling of the allegations of sexual misconduct and retaliation against the International Criminal Court (ICC) Prosecutor, Karim Khan, are deeply concerning. What should have been a confidential process has instead unfolded as a politicised spectacle, marked by leaks, strategic narratives, and visible signs of distress within the institution. Both public commentary and the selectively leaked findings of the ad hoc panel advising the Assembly of States Parties Bureau echo disturbingly familiar patterns seen in sexual harassment, misconduct, and assault cases worldwide: claims of a “witch hunt”, “honey trap,” or questions about why the complainant did not leave or speak up earlier.

The United Nations has completed its investigation into alleged sexual misconduct by International Criminal Court (ICC) Prosecutor Karim Khan, according to the President of the Assembly of States Parties, the Court’s oversight body.  GJC has followed with grave concern developments around the allegations, which illustrate how patriarchy and impunity continue to shape global institutions, even those dedicated to the pursuit of justice. Since the allegations became public, zero-sum narratives have dominated much of the discourse. The Prosecutor and his lawyers have presented the sexual misconduct allegations as an effort to “smear” Khan in order to undermine warrants issued for Israeli officials in the ICC’s Palestine investigation (e.g., here, here, and here). Meanwhile, Prime Minister Benjamin Netanyahu, Israel’s Foreign Ministry, and others have claimed that the warrants were aimed at repairing the Prosecutor’s image or distracting attention from the misconduct allegations (e.g., here, here, here, and here). Media coverage has reinforced this framing (e.g., here, here). The pitting of victims of alleged sexual misconduct by the Prosecutor against the pursuit of justice for crimes against humanity and war crimes in Palestine represents a familiar and false juxtaposition in the service of power. The proposed dichotomy mandates a choice between advancing justice for alleged victims of workplace sexual violence and those of international crimes, including extermination, starvation, and persecution, as if one should come at the expense of the other. Meanwhile, the underlying alleged crimes are sidelined, deflected, and obscured. The result is a struggle between two powerful sides to control the narrative, while the voices of victims are silenced and the powerful are comforted. As a feminist human rights organization, GJC rejects this outcome, and instead calls for challenging patriarchy and power in a way that advances emancipation from all forms of oppression. GJC recognizes that the ICC, like all institutions of power within the global order, was created, and continues to work within, complex intersecting structures of oppression, including patriarchy, racism, and colonialism. Machinations to frustrate or deflect accountability efforts are not simply symptoms of patriarchy, but constitutive of it.  Irrespective of the outcome of the UN investigation into the alleged sexual misconduct, justice should mean dismantling the systemic roots of domination – not negotiating between them. This crisis should be a call to action for unearthing and rooting out patriarchal dynamics on which international justice was constructed and continues to operate. Otherwise, our shared humanity will continue to suffer.

Joint Statement by Global Justice Center and Women’s Initiatives for Gender Justice Your excellencies, dear colleagues, dear friends, Understanding gender justice in international criminal law is a fast and ever evolving field. It begins by seeing that gender justice has always been broader than accountability for sexual violence. We must be alert to the gendered impact of all Rome Statute crimes, strive for gender equality in peacetime as well as armed conflict, and listen closely to what justice means for women and other marginalised groups. Indeed, it must embrace a broader understanding that goes beyond the binary concepts that underpin our shared harmful traditions in ICL. A broader understanding of gender justice is becoming well anchored in the work of the policy, jurisprudential, and institutional developments at the ICC and in the Feminist Foreign Policy considerations that an increasing amount of you, states parties, are bringing to the ASP. These developments are particularly evidenced at this ASP session, where there is one or more gender justice side-events scheduled each day. Read full statement

Ruling in Case Against Dominic Ongwen Sets Historic Precedent on Reproductive Autonomy NEW YORK/THE HAGUE  — The International Criminal Court today upheld the conviction of Dominic Ongwen, a former commander of the Lord’s Resistance Army, a rebel force that operated in Uganda for decades. In 2021, Ongwen was found guilty of 61 counts of war crimes and crimes against humanity committed in Northern Uganda between 2002 and 2005. This included many sexual and gender-based crimes such as forced marriage and forced pregnancy, neither of which had previously tried at the ICC. The Global Justice Center, Amnesty International, Women’s Initiatives for Gender Justice, and Dr. Rosemary Grey filed an amicus brief on the crime of forced pregnancy in the case in December of 2021. They presented this analysis to the court during appeal hearings in February of this year. In its ruling today, the court affirmed this analysis and found that the legal interest behind the crime of forced pregnancy is “woman’s reproductive health and autonomy and the right to family planning,” and that national abortion laws are irrelevant to the court’s analysis of the crime. Akila Radhakrishnan, President of the Global Justice Center, issued the following statement: “Today’s ruling is a victory not only for the victims of Dominic Ongwen, but for all victims of sexual and gender-based violence that come to the ICC for justice. This is especially true for victims of forced pregnancy, whose human rights are now further protected by the creation of a historic precedent on reproductive autonomy in international law.”  Alix Vuillemin, Advocacy Director at Women’s Initiatives for Gender Justice, issued the following statement: “Today, the crime of ‘forced pregnancy’ was recognized by the ICC as the incomparable violence done to women who are raped, forcibly made pregnant, and confined with the intent to keep them pregnant. As we said in the 1990s in pushing for the criminalisation of these acts, with forced pregnancy, the invasion of the body and self is total. Women are being treated as chattel for the purpose of reproduction, which is another form of gender enslavement. Decades later, with this judgment, the ICC has given us sharper tools to advance the recognition, accountability and prevention of this violence.” Matt Cannock, Amnesty International's Center for International Justice, issued the following statement: “The Appeals Chamber's decision will doubtless prove critical for the future of the International Criminal Court's consideration of the crime of forced pregnancy, and it firmly holds the door open to victims of this horrendous crime to access justice before the court and beyond. “In particular we welcome the court's crucial finding, centered around human rights considerations, that the crime of forced pregnancy seeks to protect women’s ‘reproductive health and autonomy and the right to family planning’ - an absence of which can cause severe physical and psychological harms and lasting personal, social and economic consequences.” Dr. Rosemary Grey, Lecturer at Sydney Law School, issued the following statement: “Today, the value of reproductive autonomy was recognised by the International Criminal Court’s highest chamber. The decision affirms that forced pregnancy is among the most serious crimes of international concern, regardless of whether reproductive rights are protected under national law. It’s inspiring — and long overdue — to see the court taking this strong stance on reproductive rights under international law. And inspiring to see the strength of the two women whose evidence supported this historic conviction for forced pregnancy.”

NEW YORK — The Biden administration today repealed sanctions against the International Criminal Court. The sanctions, levied against Prosecutor Fatou Bensouda and other court officials, were issued by President Trump last year following the court’s announcement of an investigation into potential war crimes committed by US military forces in Afghanistan. Akila Radhakrishnan, president of the Global Justice Center, issued the following statement: “The Biden administration did the right thing today by ending this reckless assault on a critical and independent judicial institution. Former President Trump’s sanctions were issued to help the US and its close allies evade accountability for their own human rights abuses, but their impact went much further by targeting court officials and their urgent work. “Repeal is a start, but if the Biden administration wishes to be a true champion of human rights and the rule of law, it must fundamentally shift the US relationship with the court. This must include a genuine effort to ratify the court’s Rome Statute to demonstrate that the US commitment to justice is not merely rhetorical. “For too long, the US approach to the court has been hypocritical, cementing a belief that it is beyond reproach and above the law. It’s time for the US to take its own human rights obligations seriously and submit itself to the international institutions they champion, thus beginning a robust, healthy engagement with this vital institution.”

NEW YORK — President Trump issued an executive order today authorizing sanctions against International Criminal Court (ICC) employees involved in investigating potential war crimes committed by US military forces in Afghanistan. Akila Radhakrishnan, president of the Global Justice Center, had the following response: “This reckless attack on the ICC is just the latest attempt by the US to evade accountability for human rights abuses and undermine critical international institutions. The ICC’s investigation is only necessary because the US has failed to meaningfully investigate or prosecute its own forces for human rights abuses. “The court has confirmed that this investigation clearly falls under parameters set by the Rome Statute, which established the ICC. The US is not a party to the statute, but Afghanistan is, and the US cannot escape accountability just because it commits crimes in other countries. “This destructive move by the Trump administration is the latest in a long campaign of hostility towards international institutions, including its recent decision to withdraw from the World Health Organization. Once again the US is further cementing its belief that it is beyond reproach and above the law.”

NEW YORK – The International Criminal Court ruled today that an investigation into war crimes committed during the conflicts in Afghanistan could proceed. This investigation would include any crimes committed by US forces.  Grant Shubin, legal director of the Global Justice Center, had the following response: "The I.C.C. was established to bring perpetrators of humanity's most serious crimes to justice — no matter where they're from nor how powerful they are. This ruling is a historic victory for the global rule of law. The United States has shown itself entirely unwilling to hold the perpetrators of its torture program to account and has actively tried to impede the court’s investigation. The international community — especially nations who are a party to the ICC — should support this critical step towards justice."

FOR IMMEDIATE RELEASE – June 28, 2019 [NEW YORK, NY] – The Global Justice Center, European Center for Constitutional and Human Rights, Naripokkho, and Women’s Initiatives for Gender Justice welcome recent developments at the International Criminal Court (ICC) concerning the Situation in the People's Republic of Bangladesh/Republic of the Union of Myanmar. Both the intention of the Office of the Prosecutor to undertake an investigation, and the assignment of the situation to Pre-Trial Chamber III bring the ICC one step closer to providing accountability for the crimes committed against the Rohingya. Since the Prosecutor’s opening of a preliminary examination in September 2018, the Myanmar government has continued to deny its atrocities against the Rohingya despite overwhelming evidence of crimes against humanity and genocide. Myanmar’s continued obstinance highlights the lack of legitimate options for justice and accountability to be delivered within the country and underscores the importance for the Prosecutor’s investigations to consider all crimes within the Court’s jurisdiction. A broad view on the range and scope of crimes, including genocide and all relevant crimes against humanity, is uniquely important in light of the fact that in Myanmar impunity for the military is firmly inscribed in law. The Myanmar Constitution puts the military out of reach of the civilian government and justice system. As a result, the Rohingya, like other ethnic groups in Myanmar, have suffered horrific human rights abuses at the hands of Myanmar’s military and security forces, with no possibility for justice or accountability in Myanmar’s courts. The ICC should, in particular, ensure that crimes committed against women and girls are not left behind in the Prosecutor’s investigation or in any cases pursued. Gender was not incidental to the commission of crimes against humanity and genocide by Myanmar security forces—it was integral to how the crimes were committed. Myanmar’s military has long used sexual violence as a tactic of oppression and subjugation against ethnic minorities. The UN’s Special Representative on Sexual Violence in Conflict has found that sexual violence was a “push factor or driver of forced displacement” of the Rohingya into Bangladesh. In 2014, the ICC committed to integrating a gender perspective and analysis into all of its work. Any investigation into the crimes against the Rohingya must be guided by such a perspective. Despite worldwide condemnation of the crimes committed against the Rohingya, including crimes against humanity and genocide, there has been no justice or accountability. This week’s developments at the ICC reflect a critical opportunity to ensure justice for the full scope of crimes committed against the Rohingya. Download *** Global Justice Center (GJC) is an international human rights organization, with consultative status to the United Nations, dedicated to advancing gender equality through the rule of law. We combine advocacy with legal analysis, working to ensure equal protection of the law for women and girls. The European Center for Constitutional and Human Rights (ECCHR) is an independent, non-profit legal and educational organization dedicated to enforcing civil and human rights worldwide. Together with affected persons and partners worldwide, we use legal means to end impunity of those responsible for torture, massacre, sexualized violence, corporate exploitation and fortressed borders. In June 2018, ECCHR together with the Women’s Initiatives for Gender Justice and Bangladeshi partners submitted a report on sexualized violence against Rohingya women to the International Criminal Court. Naripokkho is a membership-based, women’s activist organisation founded in 1983 working for the advancement of women’s rights and entitlements and building resistance against violence, discrimination and injustice. Naripokkho is based in Bangladesh. Women’s Initiatives for Gender Justice is an international NGO working for a gender just world in which there is accountability for sexual and gender-based crimes by the International Criminal Court and other mechanisms, both internationally and nationally, and in which there is equality in and through the law. For more information, contact: Grant Shubin (Global Justice Center, New York) gshubin@globaljusticecenter.net, +1 212 725 6530 Alexandra Lily Kather (ECCHR, Berlin) kather@ecchr.eu, +44 7478 621725 Shireen P. Huq (Naripokkho, Bangaladesh) shireenhuq@gmail.com Valeria Babără (Women’s Initiatives for Gender Justice, The Hague) Valeria.Babara@4genderjustice.org

FOR IMMEDIATE RELEASE - September 6, 2018 [New York] – The Global Justice Center applauds the International Criminal Court (ICC) Pre-Trial Chamber I for recognizing the Court’s jurisdiction over crimes committed by Burma’s security forces that were continued into Bangladesh—including the crimes against humanity of deportation, persecution and other inhumane acts. The ICC’s decision provides the opportunity to see real accountability for the crimes committed against the Rohingya. Since the commencement of “clearance operations” by Burma’s security forces last August, over 700,000 Rohingya have been forcibly displaced to Bangladesh. The ICC’s ruling potentially opens the door to other ongoing crimes, elements of which have occurred in Bangladesh or as a result of their displacement to Bangladesh. Forcible displacement has been found by international courts to not only be a crime against humanity itself, but also a constitutive element of genocidal acts. The Court should ensure that women and girls are not left behind in any investigations or cases pursued. Gender was not incidental to the commission of crimes against humanity and genocide by Burmese forces—it was integral to how the crimes were committed. Burma’s military has long used sexual violence as a tactic of oppression and subjugation against ethnic minorities. The UN’s Special Representative on Sexual Violence in Conflict has found that sexual violence was a “push factor or driver of forced displacement” of the Rohingya into Bangladesh. In 2014, the ICC committed to integrating a gender perspective and analysis into all of its work. Any investigation into the crimes against the Rohingya must be guided by such a perspective. “In Burma, impunity for the military is firmly inscribed in law—the Constitution puts the military out of reach of the civilian government and justice system,” says Akila Radhakrishnan, President of the Global Justice Center. “As a result, the Rohingya, like other ethnic groups in Burma, have suffered horrific human rights abuses at the hands of Burma’s military and security forces, with no possibility for justice or accountability in Burma’s courts. International accountability is an important starting point for justice.” Despite worldwide condemnation of the crimes committed against the Rohingya, including crimes against humanity and genocide, there has been no justice or accountability. Today’s decision by the ICC shines a ray of hope that the Rohingya will see some measure of justice for the horrific crimes that have been committed against them. For more information contact:Liz Olson (New York), Global Justice Center, lolson@globaljusticecenter.net (212) 725-6530 ext. 217