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International Tribunals & Special Courts

Gender and Judging at the International Criminal Court

Citation:

Chappell, Louise. 2010. “Gender and Judging at the International Criminal Court.” Politics & Gender 6 (3): 484-95.

Author: Louise Chappell

Abstract:

Imagine this: a court presided over by a majority of women judges--many of whom are from racially marginalized backgrounds--and which has a "constitution" that has gender justice at its core. Incredibly, given what we know about gender and judging cross-nationally, this is not some utopian vision but the current reality at the International Criminal Court (ICC). As of May 2010, the 18 member ICC bench consisted of 11 women judges, most of whom were from outside the West and many of whom have expertise in gender-based violence. This development raises a range of important questions, two of which I want to speculate on in the following discussion: How is it that the sex profile of the ICC bench differs so dramatically from domestic-level courts? What difference might this profile make to the transformation of international law in terms of expanding gender justice principles?

Topics: Gender, Women, Gender-Based Violence, Gendered Power Relations, Gender Equality/Inequality, Gender Equity, Governance, Post-conflict Governance, International Law, International Criminal Law, International Human Rights, International Humanitarian Law IHL, International Organizations, Justice, International Tribunals & Special Courts, Transitional Justice, War Crimes, Peacebuilding, Post-Conflict, Rights, Women's Rights

Year: 2010

Gender and the Charles Taylor Case at the Special Court for Sierra Leone

Citation:

Oosterveld, Valerie. 2012. “Gender and the Charles Taylor Case at the Special Court for Sierra Leone.” William & Mary Journal of Women and the Law 19 (1): 7-33.

Author: Valerie Oosterveld

Topics: Gender, Justice, International Tribunals & Special Courts, Sexual Violence Regions: Africa, West Africa Countries: Sierra Leone

Year: 2012

What Is Forced Marriage - Towards a Definition of Forced Marriage as a Crime Against Humanity

Citation:

Toy-Cronin, Bridgette A. 2010. “What Is Forced Marriage - Towards a Definition of Forced Marriage as a Crime Against Humanity.” Columbia Journal of Gender and Law 19 (2): 1.

Author: Bridgette A. Toy-Cronin

Abstract:

The Special Court for Sierra Leone’s Trial and Appeals Chambers handed down judgments considering, for the first time, forced marriage as a crime against humanity. This Article critiques those decisions against the Appeals Chamber’s stated aim of “enriching the jurisprudence of international criminal law.” This Article argues that there is a need to recognize a crime of forced marriage, but in order to enrich current jurisprudence, it should be limited to only the conferral of the status of marriage and the ongoing effects of that status on the victim. Other crimes that occur within the marriages should not be collapsed into the prosecution of forced marriage; they are separate offenses that need separate recognition. Two contrasting examples of forced marriage are compared: so-called “forced marriages” in a number of African conflicts involving the abduction of women and girls by rebels and forced marriage between 1975 and 1979 in Khmer Rouge-ruled Cambodia. The African examples are drawn from published research, while a portrait of forced marriage in Cambodia is sketched through stories gathered in field research conducted in Cambodia in 2006, along with some published material. This Article argues that there is a lacuna in the law that requires the recognition of forced marriage as a crime. The Extraordinary Chambers in the Courts of Cambodia (the “ECCC”), established to try Khmer Rouge crimes, has the opportunity to address this crime and to create a record of the fact that forced marriages were traumatic events that deeply affected thousands of Cambodian lives.

Topics: Armed Conflict, Gender, Women, Girls, Justice, Crimes against Humanity, International Tribunals & Special Courts, Sexual Violence Regions: Africa, West Africa, Asia, Southeast Asia Countries: Cambodia, Sierra Leone

Year: 2010

The Application of Human Rights Treaties in the Development of Domestic and International Law: A Personal Perspective

Citation:

Doherty, Teresa A. 2009. “The Application of Human Rights Treaties in the Development of Domestic and International Law: A Personal Perspective.” Leiden Journal of International Law 22 (4): 753–59.

Author: Teresa A. Doherty

Abstract:

This article considers the application of international human rights treaties or conventions to domestic law in common law countries and the historical differences in approach between some jurisdictions. It promotes the view that the judiciary of a country which has signed an international human rights treaty or convention may refer to such a treaty when interpreting domestic law, notwithstanding the fact that the treaty or convention has not been incorporated into domestic legislation. The article also suggests that international human rights treaties and conventions have a role in developing international criminal law and international humanitarian law. It cites the example of the decision that forced marriage is an inhumane act, a crime against humanity, by the Special Court of Sierra Leone, and gives the factual and jurisprudential background to that decision.

Topics: Gender, International Law, International Human Rights, Justice, Crimes against Humanity, International Tribunals & Special Courts, Rights, Human Rights Regions: Africa, West Africa Countries: Sierra Leone

Year: 2009

Preserving the Legacy of the Special Court for Sierra Leone: Challenges and Lessons Learned in Prosecuting Grave Crimes in Sierra Leone

Citation:

Kamara, Joseph F. 2009. “Preserving the Legacy of the Special Court for Sierra Leone: Challenges and Lessons Learned in Prosecuting Grave Crimes in Sierra Leone.” Leiden Journal of International Law 22 (4): 761–77.

Author: Joseph F. Kamara

Abstract:

Sierra Leone experienced particularly heinous and widespread crimes against humanity and war crimes during its eleven years of civil war from 1991 to 2002. During the war, the civilian population was targeted by all the fighting factions. Civilians were captured, abducted, and held as slaves used for forced labour. The Special Court for Sierra Leone was established by the government of Sierra Leone and the United Nations in 2002, through Security Council Resolution 1315. It is mandated to try those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in Sierra Leone since 30 November 1996. The aim of this paper is to sketch out the extent to which the jurisprudence of the Special Court can serve as a model for efficient and effective administration of criminal justice nationally through the preservation of its legacy.

Topics: Armed Conflict, Civil Wars, Gender, International Law, International Humanitarian Law IHL, International Organizations, Justice, Crimes against Humanity, International Tribunals & Special Courts, War Crimes, UN Security Council Resolutions on WPS Regions: Africa, West Africa Countries: Sierra Leone

Year: 2009

Force & Marriage: The Criminalisation of Forced Marriage in Dutch, English and International Criminal Law

Citation:

Haenen, Iris. 2014. Force & Marriage: The Criminalisation of Forced Marriage in Dutch, English and International Criminal Law. Cambridge, UK: Intersentia.

Author: Iris Haenen

Abstract:

Forced marriages take place all over the world, both in times of peace and in times of conflict. Media attention and judicial scrutiny have helped place this practice in the legal and political limelight, requiring national governments and the international community alike to develop strategies to deal with this human rights violation. On the level of national law, several countries have introduced a specific offense of forced marriage in their criminal laws. On the level of international law, courts and tribunals have deliberated on how to legally classify this practice and are faced with the question of whether or not forced marriage should be seen as a 'new' crime against humanity. This book provides a comparative perspective on the criminalization of forced marriage, focusing on the question of whether - and, if so, how - the practice of forced marriage should be criminalized under both Dutch and international law. After offering a thorough description of the phenomenon of forced marriage in and outside of conflict situations, a synthesized doctrinal foundation for criminalization on the national and international level is presented. Next, the book delves into international case law and criminal law concerning the act of forced marriage. It goes on to provide a comprehensive overview of and comparison between Dutch and English criminal law and civil law. It then discusses whether forced marriage should be criminalized in Dutch law and whether it should be added to the Rome Statute of the International Criminal Court as a distinct crime against humanity, war crime, or act of genocide.

Topics: Armed Conflict, Gender, Genocide, International Law, International Criminal Law, Justice, Crimes against Humanity, International Tribunals & Special Courts, War Crimes, Rights, Human Rights

Year: 2014

Gender Violence or Violence Against Women? The Treatment of Forced Marriage in the Special Court for Sierra Leone

Citation:

Slater, Rachel. 2012. “Gender Violence or Violence Against Women? The Treatment of Forced Marriage in the Special Court for Sierra Leone.” Melbourne Journal of International Law 13 (2):  732.

Author: Rachel Slater

Abstract:

The article considers the case for viewing forced marriage, a prevalent form of violence suffered by women during the Sierra Leone conflict, as a gender crime. The article begins with a brief examination of the Special Court for Sierra Leone trials, commonly known as the Armed Forces Revolutionary Council Trial, the Armed Forces Revolutionary Council Appeal, the Revolutionary United Front Trial and the Charles Taylor Trial. Part IV then puts forward a conceptualisation of forced marriage as a gender crime and not purely violence suffered by women. It is argued that in order to fully reflect the nature of the harm suffered, the gender element of the violence must be foregrounded. This argument rejects calls for forced marriage to be viewed as enslavement or sexual slavery and emphasises the specific harm stemming from the label ‘wife’ as demonstrative of the force of socially assigned gender roles; these roles are integral to the crime rather than just forming the broader social context. This suggests that forced marriage as a gender crime should be seen as a stand-alone crime separate from other instances of forced marriage. In Part V and Part VI, it will be argued that the categorisation of forced marriage as a gender crime is a vital step towards the recognition of this type of gender violence as being within the scope of international law. Specifically, this article considers the characterisation of forced marriage under international criminal law in light of its interest to international refugee law, where similar violence might be raised as ‘persecution’ under the definition in art 1A(2) of the Convention relating to the Status of Refugees.

Topics: Armed Conflict, Displacement & Migration, Refugees, Gender, Women, Gender Roles, Gender-Based Violence, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, War Crimes, Military Forces & Armed Groups, Militaries, Sexual Violence, Sexual Slavery, SV against women Regions: Africa, West Africa Countries: Sierra Leone

Year: 2012

‘Forced Marriage’ in Conflict Situations: Researching and Prosecuting Old Harms and New Crimes

Citation:

Bunting, Annie. 2012. “‘Forced Marriage’ in Conflict Situations: Researching and Prosecuting Old Harms and New Crimes.” Canadian Journal of Human Rights 1 (1): 165-185.

Author: Annie Bunting

Abstract:

In 2008, the Appeals Chamber of the Special Court for Sierra Leone (SCSL) found “forced marriage” to be a new crime against humanity, distinct from the crime of sexual slavery. With expert evidence on the abduction and forced labour of women and girls during the extended conflict in Sierra Leone, the SCSL found such forced conjugal association to be part of the widespread or systematic attack on the civilian population in Sierra Leone. This article examines the Court’s decision in the context of developments of international criminal law and with comparisons to similar gender violence in Liberia, Rwanda, Uganda and the Democratic Republic of Congo. The author argues that practices described as “forced marriage” in these conflict situations ought to be charged as “enslavement” and not a new crime against humanity – the other inhumane act of forced marriage.

Topics: Gender, Women, Girls, Gender-Based Violence, International Law, International Criminal Law, Justice, Crimes against Humanity, International Tribunals & Special Courts, Livelihoods, Sexual Violence, Sexual Slavery Regions: Africa, West Africa Countries: Sierra Leone

Year: 2012

The Hidden Prevalence of Male Sexual Assault During War

Citation:

Carlson, Eric Stener. 2006. "The Hidden Prevalence of Male Sexual Assault During War." The British Journal of Criminology 46 (1): 16-25.

Author: Eric Stener Carlson

Abstract:

The article presents the author's observation on the prevalence of male sexual assault during war. The International Criminal Tribunal for the Former Yugoslavia investigated sexual assault in the mid-1990s. The male prisoners were sexually assaulted by forced fellatio, masturbation, mutilation of the genitals and insertion of objects into the anus. Sexual torture is widely used to break down the identity of political prisoners. In most cases of sexual assault, the victim is reluctant to admit that he or she was abused. Therefore, it is important to understand the psychodynamics of this trauma. (Abstract from EBSCO)

Topics: Armed Conflict, Ethnic/Communal Wars, Combatants, Male Combatants, Gender, Men, Health, Trauma, Justice, International Tribunals & Special Courts, Sexual Violence, Male Perpetrators, SV against men, Torture, Sexual Torture, Violence Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 2006

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