见证翁古文

IF 1.5 3区 社会学 Q1 LAW
Jackline Atingo, Tim Allen, Anna Macdonald
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引用次数: 0

摘要

国际刑事法院(ICC)对多米尼克-翁古文(Dominic Ongwen)的审判被誉为一个里程碑,特别是因为他被判犯有基于性别的罪行,包括强迫婚姻和强迫怀孕。翁古文之所以被判定犯有这些罪行,与他在担任上帝抵抗军反叛组织指挥官期间被送给他当所谓 "妻子 "的一群妇女的惨痛证词有关。在检察官办公室(OTP)根据第 56 条成功提出申请后,为这些妇女在海牙审判前担任证人做出了特别安排,并向她们提供了各种保证。本文基于对这些证人的人种学接触和深入访谈,为有关国际刑事审判中的证人以及受害者身份的复杂性的文献做出了贡献,描述了她们作证的经历、她们对司法的看法以及她们目前的生活。文章指出,证人缺乏足够的保护,也没有得到应有的福利。对为辩方作证的 "妻子 "也进行了访谈,她们对自己经历的描述相对更为积极。报告对国际刑事法院是否有能力满足其成功起诉的性犯罪受害者的基本期望表示担忧。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Witnessing Ongwen
The trial of Dominic Ongwen before the International Criminal Court (ICC) has been hailed as a milestone, especially because of his conviction for gender-based crimes, including forced marriage and forced pregnancy. Ongwen’s conviction for those crimes was linked to harrowing testimonies of a group of women who were given to him as so-called ‘wives’ during his time as a commander in the Lord’s Resistance Army rebel group. After a successful Article 56 application by the Office of the Prosecutor (OTP), special arrangements were made for these women to act as witnesses in advance of the trial in the Hague, and various assurances were provided to them. Based on ethnographic engagement and in-depth interviews with these witnesses, this article contributes to the literature on witnesses in international criminal trials, and the complexities of victimhood, describing their experiences of testifying, their views about justice, and their current lives. It notes the lack of adequate protection and benefits that have accrued to them. Interviews also occurred with ‘wives’ who testified for the Defence, whose accounts of their experiences are relatively more positive. Concerns are raised about the ICC’s capacity to fulfil basic expectations of victims of the sexual crimes it successfully prosecutes.
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来源期刊
CiteScore
1.30
自引率
22.20%
发文量
41
期刊介绍: The Journal of International Criminal Justice aims to promote a profound collective reflection on the new problems facing international law. Established by a group of distinguished criminal lawyers and international lawyers, the Journal addresses the major problems of justice from the angle of law, jurisprudence, criminology, penal philosophy, and the history of international judicial institutions. It is intended for graduate and post-graduate students, practitioners, academics, government officials, as well as the hundreds of people working for international criminal courts.
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