"When elephants fight, it is the grass that is crushed."ⁱ A critical evaluation of the treatment of rape victim-witnesses by the International Criminal Court

This thesis explores whether the developments in international law, exemplified by the Rome Statutes' codification of numerous sexually violent war crimes and crimes against humanity, as well as the rights and protections afforded to victims, have been implemented as intended with respect to the treatment of rape victim-witnesses appearing before the International Criminal Court. Through a deductive content analysis of the court transcripts from The Prosecutor v. Jean-Pierre Bemba Gombo case currently before the court, it was determined that, with a few notable exceptions, many of the central strategies previously identified in the literature as disqualifying, limiting and discrediting the testimonies of rape victim-witnesses appearing before the International Criminal Tribunals for the former Yugoslavia and Rwanda, reemerged within the context of the International Criminal Court.

^i.During his testimony, Witness 23 referenced an ancient proverb of the Kikuyu people of Kenya, stating “We who are simple people, or just straw, when elephants fight it is the grass that is crushed” (T-53 page 12 line 25- page 13 line 1). While many variations of this proverb currently exist, the basic premise remains the same. When those with political or military power engage in conflict, it is those without power, be it women and children, or civilians more generally, who suffer the most (Walters & Bradbury, 2008). The use of this proverb within the context of this trial proved especially poignant in light of the crimes suffered by the victim-witnesses during the conflict in the Central African Republic.