Under Article 7 of the Rome Statue, sexual and gender-based crimes can amount to crimes against humanity. Although terminated by the ICC because of insufficient evidence, this case clarifies the principles for prosecuting these crimes. Charges for the crimes against humanity of murder, forcible transfer of population, and persecution were brought due to the post-election violence in Kenya, where an attack allegedly targeted ethnic groups perceived as supporters of the Party of National Unity. The ICC determined the key elements of such crimes against humanity are: (i) an attack against civilians who were the primary object of the attack; (ii) widespread or systematic attacks with acts of violence having an organised nature; (iii) attacks committed pursuant to a State or an organisational policy; (iv) a nexus between the individual act and the attacks; (v) the organizer intended and had knowledge of the attacks.
The Prosecutor v. William Samoei Ruto, et al. (Confirmation of Charges)