The ICC’s Handling of Sexual Violence in the Yekatom and Ngaïssona Case: A Step Backwards

In its judgment on the Yekatom and Ngaïssona case, the International Criminal Court declined to convict Ngaïssona for rape, despite acknowledging that sexual violence occurred. The Court found that the mental elements of the crime were not met, as it considered that Ngaïssona lacked “virtual certainty” that rape would occur in the ordinary course of events. This reasoning appears weak and overlooks the evidentiary challenges specific to sexual violence, potentially weakening accountability and justice for victims.