4. The conduct was of a gravity comparable to that of a serious violation of article 3 common to the four Geneva Conventions.

4. The conduct was of a gravity comparable to that of a serious violation of article 3 common to the four Geneva Conventions.

One can note that the wording of article 8 para. 2 (e)(vi) is identical to the wording of (b)(xxii) except for its “other forms of sexual violence” component. Michael Cottier has noted that “ as far as other forms of sexual violence are concerned, reference is made – unlike as in the case of international armed conflicts, where reference is made to those acts also constituting grave breaches of the Geneva Conventions – to common article 3. The last phrase brings “any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions” into the jurisdiction of the ICC. It has to be understood as meaning that acts of sexual violence other than rape, sexual slavery, enforced sterilisation and enforced prostitution committed in internal armed conflict would only come within the jurisdiction of the ICC if, and to the extent, that they also constitute a serious violation of common article 3⁵²⁵. This interpretation of the relevant formula is confirmed by the use of the term “also” as well by the fact that the second alternative “any other form of sexual violence” is separated by a comma from the other alternatives, thus making it clear that the additional formula “constituting a serious violation of article 3 common to the four Geneva Conventions” has to be understood as a qualifying element”. (in Triffterer (ed.), Commentary on the Rome Statute of the International Criminal Court, Article 8, paras.301-303).