Holding Leaders Accountable in the International Criminal Court (ICC) for Gender Crimes Committed in Darfur

This article discusses how rape and other forms of sexual violence have been prominent features of the ongoing attacks (from 2003 to the present) committed by government of Sudan (GoS) troops and the Janjaweed (Arab militia) in Darfur, Sudan. It first provides a historical overview of wartime rape in law and society, then discusses some of the many reports (including the UN's Commission of Inquiry on Darfur) that have documented the perpetration of rape and other forms of sexual violence in Darfur by GoS troops and Janjaweed. Following a discussion of specific cases of rape and other sexual crimes committed in Darfur, the author discusses how such crimes can be and have been prosecuted as war crimes, crimes against humanity, and genocide. Among the other issues discussed in the essay are the concepts of individual and superior responsibility, as they relate to prosecuting those responsible for sexual violence, and the critical need to hold leaders accountable for sex crimes.