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- Cardon: The ICC only prosecutes high level perpetrators. Usually, these are "leadership" crimes; the defendant is accused of instigating mass rape, not of committing it himself. The actual rapist won't be sitting in the dock when the victim testifies about what happened to her. The crime of rape and the crime of mass rape are very different. In an ICC prosecution of mass rape, the victim's direct attacker won't be on trial. And the type of evidence that needs to be elicited for mass rape is far... (more)
- liss.ucla: Rape is a form of coercion, no question, and a key to recovery is re-empowering survivors. On the one hand, giving survivors the opportunity to testify helps them to process their stories and may act to validate their experience, as judge and attorneys will listen and, as a matter of professionalism, refrain from victim-blaming. Given that most if not all cultures stigmatize rape to some extent or another, as it may be hard to find that sort of validation within their own societies. However,... (more)
- Alma Pekmezovic: Perpetrators of mass rape must be brought to justice. Sexual violence, human trafficking and mass rape are regularly used as weapons in war. In some cases, it will be crucial for the prosecution to use evidence other than direct testimony of the victims. However, the use of such evidence should not deny victims the opportunity to be heard in court. Instead, such evidence should be considered in combination with other relevant factors and evidence. Professor MacKinnon raises some important... (more)
- nmoley: In using victims as witnesses to prove rape, the ICC obviously faces ethical issues of making victims relive their trauma or of putting victims in danger of stigma. However, even apart from these issues, witness testimony may be a suboptimal way of proving rape. Numerous studies in the US have indicated the fallibility of eyewitness testimony. Likewise, victims of mass rape may have distorted memories of the incident, which likely will have occurred years before the ICC tries the case. In... (more)
- Sean.Lowe: If the ICC is to allow a pro se party to defend herself, then this party must not be prevented from conducting cross-examination. For as we all know, cross-examination is a critical part of any trial -- much as the United States Supreme Court Crawford decision recognized. In cases involving any type of brutality, particularly rape, that poses a significant challenge to gaining participation of the victim and other witnesses. Cross-examination is tough enough without the alleged perpetrator... (more)
- Lee: I think Mr. Terzian correctly focuses on one of the two issues that to me seem to be the areas which should be discussed. It seems to me that the expert commentators largely agree that while the ICC can sustain a conviction for the underlying crime of mass rape without testimony from victims, ICC prosecutors should try to present survivor testimony whenever possible. This issue is more related ICC procedural issues, particularly "witness-proofing," as highlighted by Professor MacKinnon, and... (more)
- danterzian: Professor MacKinnon, you write that the Trial Chamber's decision on witness proofing "cuts survivors off from the support of lawyers." Without this support and in a foreign environment, you continue, these traumatized victims will be poor witnesses. My question is: Is this, or does this have to be, the case? The ICC's Victims and Witnesses Unit must already provide psychological support to these victims, and it seems that they may also be able to help them navigate this foreign legal landscape... (more)
- davidlee211: Professor MacKinnon raises an interesting point when she argues that by being sensitive to cultural stigmas attached to victims of rape and offering an alternative to direct victim testimony, one actually perpetuates those very stigmas. While this should be a critical consideration, it seems that Professor MacKinnon is positing a view that operates under an assumption of how gender bias and rape stigma should be understood, and not how they are actually understood today. Certain procedural... (more)
- davidmarselos: If there is evidence that can be used to identify the victim or victims of mass rape then those victims have a right to justice in the ICC if their domestic authorities have ignored or betrayed them regardless of whether they are to scared to do a testimony or not. In NSW Australia if civilians commit mass rape then the police usually act however if the police mass rape civilians the police who gang rape their victims have their crimes covered up by their work mates who investigate them. This... (more)
- munis: Although direct victim testimony would be of immense importance to the prosecution in proving the case of mass rape in the ICC it is often very difficult if not impossible to convince victims of rape to testify in open court owing to the severe stigma attached to rape in most societies. However the ICC can still sustain a conviction on mass rape by exploring different forms of evidence other than direct testimony from the victims. INTRODUCTION; Direct testimony from victims of rape has always... (more)
Comment on the Mass Rape Question: “Can the International Criminal Court sustain a conviction for the underlying crime of mass rape without testimony from victims?”
If there is evidence that can be used to identify the victim or victims of mass rape then those victims have a right to justice in the ICC if their domestic authorities have ignored or betrayed them regardless of whether they are to scared to do a testimony or not.
In NSW Australia if civilians commit mass rape then the police usually act however if the police mass rape civilians the police who gang rape their victims have their crimes covered up by their work mates who investigate them.
This system of corruption where police investigate police has been ongoing for decades in Australia which results in the victims being murdered and the witnesses identified during the investigations being murdered and all the authorities from the Attorney Generals, Police Minister etc down ignore these crimes.
In June 1993 a victim of the police gang raping her along with their drug dealer made her rape public to members of my group "Citizens Against Police and Government Corruption" all 4 members of the group were murdered with the victim murdered 11 days after I handed her hand written notes on to be investigated by the police.
This crime is still unresolved as is the attempts on my life and the murders of 6 of my witnesses over the last 19 years the last main witness burnt to death in her caravan claimed the life of her 11 yo daughter as well.
The main reason these crimes have been covered up so long is because our Government allows police to have legislation which allows them to ignore civilians rights under Article 2 (3) (a) (b) (c ) ICCPR as police can chose which cases they investigate or refuse to investigate using 141 of the Police Act to allow fellow police who gang rape and murder children to avoid being investigated or the investigation usually results in no charges and in a number of cases charges which no convictions are made in the local courts.
I have wrote over 1000 emails including victim testimonies etc to all Australian Government officials in a position of power to act but these officials fail to act and knowingly breach their oaths of office to protect corrupt police and corrupt government officials which results in the injustices against the victims of child rape and child murder at the instigation of police go unresolved even our ministers for justice ignore these crimes committed by police and ignored by the Ombudsman and police minister when the Premier asks for an investigation at the Prime Ministers request.
I am hoping that the ICC in its latest reply to me ref OTP-CR-227/12 will allow these matters unresolved by NSW police from 1993 to the present day involving 6 murders of witness who could expose police involved in mass rape can be heard in the ICC as 3 of the murders were committed from January 2004 involving some of the same people who murdered the girl in 1993 gang raped by the police who supplied their dealers drugs the children used.
If the ICC can hear this matter which comes under the Rome Statue including Article 7 (1) (h) involving retaliations against victims of police corruption then hopefully it will be able to have the NSW Government remove laws such as 141 of the police act to protect victims of mass police rape being denied justice by police who fail to properly investigate police involved in organized crime using 141 of the police act to protect their work mates as most corrupt cops have the protection of their work mates as their work mates usually benefit from the same drug networks through receiving money to tip off the dealers prior to police raids etc.
In the case I put to the ICC the victims did testimonies only because they believed the ICC would act in their best interest because when I did my first video interview with one of the victims who was 12 yo at the time of the offences committed against her by the drug dealer who murdered the girl raped by the police our main witness who passed the victims hand written notes onto the police was burnt to death the very next day, police monitoring my phone would have known the day I phoned the witness to do a testimony to replace the video evidence linking them to the crime which they had the courts cover up its destruction a 2 weeks prior. to stop the heads of police being brought to trial using this evidence I had wanted to use since September 2000.
The main issue with having to approach the ICC is the delay from 2007 has resulted in valuable evidence being stolen by the police and attempts made on my life and the victims lives and death threats made to me and the victims the last death threat to the victim was only last week after I faxed her signed statements to the ICC to go with her video testimonies done in 2006 over crimes I had tried to get justice for her from September 2000, this 12 year delay has seen 4 of my witness who could help these victims get justice murdered which makes prosecution of the offenders much harder when one of those murdered was the principle offender 2 months after I used one of the victims as a witness to bring him and the heads of the police to trial.
It would be good if the ICC could have legislation which allows them to take over mass rape cases as soon as they can see evidence Governments are ignoring these victims Rights to justice this way the courts would not be prolonging the victims suffering by subjecting them to death threats, intimidation, stealing and destruction of hard evidence and even murder.
The ICC has the names of all the victims mentioned in this comment and I’m awaiting their reply.