Fostering a better understanding of crimes against humanity, including sexual and gender-based crimes, has been one of Western Law professor Valerie Oosterveld’s central missions.
Building on this commitment, she has recently been appointed to the prestigious position of special adviser to the International Criminal Court’s (ICC) prosecutor Karim A.A. Khan.
“I have been working in the field for more than two decades. It is an honour to have that work acknowledged and, more importantly, for me to be able to use my expertise to assist the crucial and difficult work of the Office of the Prosecutor,” said Oosterveld.
While at Western, Oosterveld’s research has centred around gender issues within international criminal justice. In 2022 she was part of a pan-Canadian partnership honoured with the 2022 Partnership Award by the Social Sciences and Humanities Research Council (SSHRC) for advancing international criminal justice.
The ICC is the world’s first permanent international court focused on prosecuting individuals (not states) for genocide, crimes against humanity and war crimes.
Oosterveld was one of three new special advisers appointed by Khan earlier this month. According to the ICC, the selection of new advisers helps to reinforce a network of experts representing different regions of the world with cultural, linguistic and gender diversity. All work done by special advisers is pro bono.
Oosterveld is being tapped for her expertise in crimes against humanity especially in relation to sexual and gender-based crimes.
In her role, she will provide advice on the development of strategies and policies concerning crimes against humanity. She will collaborate with other advisers and can offer training to the prosecutor’s staff in areas of her expertise.
Crimes against humanity are defined in the ICC’s statute as certain acts “committed as part of a widespread or systematic attack directed at any civilian population, with knowledge of the attack.” These acts are typically part of a systematic campaign, that causes human suffering or death on a large scale. Examples include murder, enslavement, torture, rape and other forms of sexual violence.
“It is important for victims to see their experiences of crimes against humanity reflected in the charges,” said Oosterveld. “Justice includes ensuring victims’ experiences are reflected in the investigations and the charges that are ultimately laid for any given situation.”
Until 1998, persecution on gender grounds was not recognized as a crime against humanity, and in 2022 the Office of the Prosecutor for the ICC adopted a new policy on gender persecution.
The policy was designed to ensure a better understanding of the motivations and discriminations behind sexual and gender-based crimes. At the time of its release Khan said it was a “significant stride towards fulfilling my promise to address sexual and gender-based crimes in a more systematic and effective way.” As a result, there are now several gender-based persecution prosecutions, investigations and examinations underway at the ICC.
“If, for example, sexual and gender-based crimes or crimes against children are overlooked, then those victims and their experiences are left unexamined and without justice,” said Oosterveld.
As she begins work in her new role, Oosterveld hopes her experience in international law can serve as inspiration for young women who may be thinking about how they can make an impact in this world.
Her own career began because of an initial interest in women’s international human rights law. That interest led her down a path that merged into the practice of international criminal law at Global Affairs Canada.
“To those women thinking about a career in law, including international law, I would say if you have a dream or goal of being a scholar or practising in a particular area of law, follow that path. It may take you down interesting roads you didn’t expect.”
