What authority does the International Criminal Court have over rape and forced pregnancy?

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The International Criminal Court (ICC), established by the 1998 Rome Statute, holds explicit jurisdiction over rape and forced pregnancy.12

Under international law, these acts are recognized as serious offenses when committed as part of a widespread or systematic attack on a civilian population or in the context of armed conflict. Specifically, the ICC has the authority to prosecute these acts as:12

  • Crimes against humanity: When committed as part of a widespread or systematic attack directed against any civilian population.2
  • War crimes: When committed in the context of an international or internal armed conflict.2
  • Genocide: When committed as a constitutive act with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.12

The inclusion of these crimes within the ICC's mandate reflects a critical evolution in international justice, ensuring that sexual violence is no longer treated as an inevitable byproduct of war but as a punishable crime that violates fundamental human rights. Affirming accountability for these acts is essential to upholding the dignity of victims and the rule of law globally.12