Thematic Prosecution of International Sex Crimes (Second Edition) - Morten Bergsmo

By singling out the theme of recruitment and use of child soldiers in its first case (against Mr. Lubanga Dyilo), the International Criminal Court legitimized the very idea of thematic prosecution at the international and national levels. The Court convicted the accused of a narrow range of criminality, to the exclusion of killings and physical-integrity violations such as rape that characterized the conflict in which the accused was an actor. Can specific prosecutorial themes be meaningfully pursued by criminal justice? This is the first book to deal with the topic of thematic prosecution of core international crimes. Its focus is on international sex crimes. It is important to justify the singling out of a narrow range of criminality for prosecution. Thematic prosecutions should be explained to the public. Absent proper justification, the thematic prosecution of core international crimes is likely to generate increasing controversy. This book offers different justifications that jurisdictions can turn to as they develop policies that include thematic prosecution. It goes to the heart of discussions on prioritisation of cases, prosecutorial discretion, and accountability for violations against children and women. The 2012 first edition has helped to raise awareness and generate discussion about the possibilities and challenges of the use of thematic prosecution. This second edition contains 125 pages of new material, including three new chapters.