recognised that “rape is such a sensitive matter in Ethiopian and Eritrean culture that victims are extremely unlikely to come forward, and that evidence is likely to be far less detailed and explicit than for non-sexual offenses. The Commission, accordingly, does not require evidence of a pattern of frequent or pervasive rape as the basis for State responsibility”.253 Such an open approach to evidence has been codified in Articles 69.3 and 69.4 of the Rome Statute of the ICC, which indicates that the ICC will take a liberal approach to the issues of admissibility of evidence. In the absence or sometimes destruction of documentary evidence of crimes against humanity, the practice in international courts and tribunals is to rely on evidence of witness testimony, either oral or sworn statements, and to admit practically any evidence that has probative value. The rules of evidence of sexual violence in the ICC are thus more gender friendly than the evidentiary requirements in some national laws or the practice in States where the rules of evidence are already gender inclusive. The ICC rules relevant to prosecution of sexual violence are:  No need for corroboration: Rule 63 expressly prohibits the Court from requiring corroboration of a victim’s testimony  Consent: o Rule 70 (a) - consent cannot be inferred by reason of any words or conduct of a victim where force, threat of force, coercion or taking advantage of a coercive environment undermined the victim’s ability to give voluntary and genuine consent. o Rule 70(b) - consent cannot be inferred by reason of any words or conduct of a victim where the victim is incapable of giving genuine consent. o Rule 70(c) - consent cannot be inferred by reason of the silence of, or lack of resistance by a victim to the alleged sexual violence.  Sexual Conduct: o Rule 70(d) - credibility, character or predisposition to sexual availability of a victim or witness cannot be inferred by reason of the sexual nature of the prior or subsequent conduct of a victim or witness. o Rule 71 - Evidence of prior or subsequent sexual conduct of a victim or a witness shall not be admitted. 7.1.3 Evidence showing Sexual Violence Nexus to ‘attack’ For prosecution of sexual violence as crimes against humanity or war crimes, it is necessary to also show the nexus of the criminal act or the sexual violence with the overall ‘attack’, or ‘conflict’.  Evidence of Rape as Crimes Against Humanity: In the Katanga case, the ICC Chamber relied on a combination of witness statements and NGO reports to find that a sufficient nexus existed between the acts of rape and the widespread ‘attack’ directed against the civilian population of the Central African Republic. The Chamber noted that that rapes were committed when civilians resisted the looting of their goods, or that repeated acts of rape were used as a method to terrorise the population or that rapes occurred in certain localities. Relying on witness statements and NGO reports,254 the Chamber found that rape was a common practice following an attack and that those combatants who forced women to engage in sexual intercourse intended to commit such acts by force or threat of force. 253 Eritrea Ethiopia Claims Commission, set up in the Permanent Court of Arbitration, Partial Award, Civilians Claims, Ethiopia’s Claim 5 between The Federal Democratic Republic of Ethiopia and The State of Eritrea, The Hague, December 17, 2004, page 19, para 85. 254 The NGO reports relied upon include: AI report, “Central African Republic, Five months of war against women,” November 2004; ‘Federation Internationale des Ligues des Droits de l’Homme’ (FIDH) report, “Central African Republic, forgotten, stigmatized – the double suffering of victims of international crimes,” October 2006. 72 7. LITIGATION AND ADVOCACY STRATEGIES | REDRESS