By Bérengère Taxil, professor of public law at the University of Angers, Scientific Coordinator of the ANR VSEG project.
What are the evolutions in the repression of sexual and sexist crimes?
From the perspective of international criminal justice, undeniable progress has been made. Twenty years after the landmark 1998 conviction of rape as a crime of genocide by the ICTR, the prosecution of sexual violence as such (and not as “other inhumane acts”) under the war crime and crimes against humanity has increased since 2019 by the ICC, with varying degrees of success. Bosco Ntaganda was convicted of rape and sexual slavery in 2019; the Dominic Ongwen case in 2021 also included forced marriages and, unprecedentedly, forced pregnancies. The ICC Prosecutor’s Office has produced significant educational work through its various “general policy documents” on sexual and sexist crimes (2014), crimes affecting children (2016, revised in 2023). They have been profoundly revised, focusing more on the crime of gender-based persecution, as defined in Article 7(1)(h) of the ICC Statute. The most recent documents advocate for a “survivor-centered approach,” an “intersectional perspective,” and “fighting against stereotypes.”
At the state level, progress is visible but imperfect due to issues like slowness, cost, selectivity, politicization, which are not unique to the ICC. Several states where such crimes have been committed have initiated proceedings based on the charges of war crimes or crimes against humanity.
Does cracking down on crimes suffice to deliver justice? What challenges need to be overcome?
Many challenges and obstacles must be overcome, of which three can be mentioned. Firstly, specific gender-based violence against women and girls continues to increase with conflict. Digital violence, such as cyberbullying of women activists and journalists, is now also a concern. Crimes are specifically committed against women and children in Haiti, Sudan, Ethiopia, and still in the DRC due to the resurgence of armed conflict with the M23 in January 2025. This shows that judicial and criminal justice alone cannot adequately respond to systemic or mass crimes, engaging international state responsibility due to their due diligence obligations.
Secondly, the constant erosion by the US executive power, which opposes sexual and reproductive health concepts, gender, and DEI (diversity, equity, inclusion), as well as UN bodies working on the matter, hinders progress.
Finally, despite efforts by the Registry and the Trust Fund for Victims, criminal justice alone cannot address the multiple needs of survivors.
Towards transformative justice for women as well?
The increasing expectations of victims call for a justice that is not just retributive but also reparative and transformative. The concept of “transformative reparations” aims to change the future by breaking the intergenerational cycle of violence.
Each October since 2000, the Security Council meets to discuss the “women, peace, and security agenda.” The struggle continues between states prioritizing women’s maternity rights and those aiming to improve women’s rights in all forms of justice. Antonio Guterres remarked on the need to truly change women’s lives during the October 2025 session.
