Excerpt of International Bar Association article that quotes GJC Legal Advisor Danielle Hites.
Danielle Hites is a legal advisor at the Global Justice Center and previously worked at the Coalition for the ICC. She was pleased the Court foregrounded victims and did not just charge sexualised and gendered crimes under the catch-all category of sexual violence.
‘There were also charges of enslavement in general, torture and outrage upon personal dignity. It was an important distinction’, she says. ‘They’re recognising that sexual and gender-based violence can’t just be siloed into one category, there are gendered elements to all of these crimes and they can be committed in gendered ways and often are’.
But recognising the gendered perpetration of crimes in court is very difficult – partially, Hites says, because it is a more specific kind of harm, but also because the legal frameworks for convictions were created to make it more difficult.
Reaching this conviction for forced pregnancy was particularly challenging, as the Court noted in its discussion, because of the history of its incorporation into the Rome Statute. Hites says, ‘there were so many countries that either didn’t want forced pregnancy included in the Statute because they were concerned that their own national laws on reproductive autonomy would be implicated, or they felt it was already covered by unlawful detention or rape.’
Because of the resulting narrow definition and ‘ridiculous’ high standards for conviction of the crime, Hites says, there are ‘so many barriers to access to justice’.