Printer-friendly versionSend by emailPDF version

International Tribunals & Special Courts

Rush to Closure: Lessons of the Tadic Judgment

Citation:

Alvarez, Jose. 1998. "Rush to Closure: Lessons of the Tadic Judgment" Michigan Law Review 96 (7): 2031-111.

Author: Jose E. Alvarez

Topics: Armed Conflict, Gender, Genocide, International Law, International Humanitarian Law IHL, Justice, International Tribunals & Special Courts, Sexual Violence, Rape, Violence

Year: 1998

Protocol on the Rights of Women in Africa: Protection of Women from Sexual Violence during Armed Conflict

Citation:

Dyani, Ntombizozuko, Ebenezer Durojaye, and Emezat H. Mengesha. 2006. “Protocol on the Rights of Women in Africa: Protection of Women from Sexual Violence during Armed Conflict.” African Human Rights Law Journal 6 (1): 166–87.

Authors: Ntombizozuko Dyani, Ebenezer Durojaye, Emezat H. Mengesha

Abstract:

Sexual violence during armed conflict is prohibited by international humanitarian law. International tribunals have held that sexual violence can constitute torture, crimes against humanity and genocide. The Protocol on the Rights of Women deals quite extensively with the protection of women in armed conflicts. However, there are no clear guidelines for states on how to implement these obligations.

Topics: Armed Conflict, Gender, Women, Genocide, International Law, International Humanitarian Law IHL, Justice, Crimes against Humanity, International Tribunals & Special Courts, Rights, Human Rights, Sexual Violence, Torture Regions: Africa

Year: 2006

Advancing International Criminal Law: The Special Court for Sierra Leone Recognizes Forced Marriage as a ‘New’ Crime against Humanity

Citation:

Frulli, Micaela. 2008. “Advancing International Criminal Law: The Special Court for Sierra Leone Recognizes Forced Marriage as a ‘New’ Crime against Humanity.” Journal of International Criminal Justice 6 (5) : 1033–42.

Author: Micaela Frulli

Abstract:

The Appeals Chamber of the Special Court for Sierra Leone (SCSL) in Brima, Kamara and Kanu recognized that forced marriages may amount to crimes against humanity, falling under the sub-heading of ‘other inhumane acts’. This decision is to be welcomed because the practice of forced marriage is not adequately described by existing categories of sexual crimes. As forced conjugality results in particular psychological and moral suffering for the victims, it is argued that this heinous practice may be more appropriately pursued as a separate crime, under a definition that describes the entirety and complexity of the criminal conduct. The SCSL decision may also be important for its impact on the activities of the International Criminal Court (ICC). The widespread practice of forced marriage presently features in all the situations being investigated by the ICC and the inclusion in the ICC Statute of the offence of forced marriage as a separate crime against humanity could be discussed during the Review Conference in 2009.

Topics: Armed Conflict, International Law, International Criminal Law, Justice, Crimes against Humanity, International Tribunals & Special Courts, Sexual Violence Regions: Africa, West Africa Countries: Sierra Leone

Year: 2008

Widows and Community Based Transitional Justice in Post Genocide Rwanda

Citation:

Tobin, Angela. 2012. "Widows and Community Based Transitional Justice in Post Genocide Rwanda." British Journal of Community Justice 10 (1): 27-39.

Author: Angela Tobin

Abstract:

After decades of cycles of violence between Hutu and Tutsi in Rwanda, 1994 witnessed genocide more effective than Hitler's gas chambers (Carlsson, 2005) costing the lives of estimates between 500,000 (Desforges, 1999) to one million people (Gourevitch, 1998). The way communities and families killed neighbours and relatives has been documented by many. In light of the localised nature of this conflict, this contribution suggests that the community should be involved in the delivery of justice as part of an effort to repair the social bonds that were damaged. This article will focus on women's relationship to transitional justice in the aftermath of the conflict. The role of community-based organisations and the support they provided to widows of the conflict will be considered. Widows have been selected as the focal point as they represent a distinctive group: they must contend with gender-specific challenges in the wake of their loss and adapt to become responsible for tasks which they previously depended on male relatives to complete. The International Criminal Tribunal for Rwanda and Gacaca, the formal judicial and quasi judicial models developed to aid all concerned with the means to face what had happened in order to live together peacefully, have been subject to much criticism; these will be discussed. The article will draw on empirical research exploring community-based projects that were supported by a women's charity, established to support widows and orphans in the aftermath of the genocide. Their efforts will be presented as an efficient and effective strategy of transitional justice, due to its location in the community.

Topics: Civil Society, Gender, Women, Genocide, Justice, International Tribunals & Special Courts, Transitional Justice, NGOs, Peacebuilding, Post-Conflict, Post-Conflict Reconstruction Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2012

The Special Court for Sierra Leone, Child Soldiers, and Forced Marriage: Providing Clarity or Confusion

Citation:

Oosterveld, Valerie. 2007. “The Special Court for Sierra Leone, Child Soldiers, and Forced Marriage: Providing Clarity or Confusion.” Canadian Yearbook of International Law 45: 131.

Author: Valerie Oosterveld

Topics: Armed Conflict, Combatants, Child Soldiers, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Sexual Violence Regions: Africa, West Africa Countries: Sierra Leone

Year: 2007

Crimes Against Child Soldiers in Armed Conflict Situations: Application and Limits of International Humanitarian Law

Citation:

Wells, Sarah L. 2004. “Crimes Against Child Soldiers in Armed Conflict Situations: Application and Limits of International Humanitarian Law.” Tulane Journal of International and Comparative Law 12: 287-305.

Author: Sarah L. Wells

Abstract:

This article examines the application of international humanitarian law to crimes committed against child soildiers during the ten-year civil war in Sierra Leone. The author suggests that while historically, developments in international law took account of the vulnerability of children in wartime, international humanitarian law maintains that dated categories of protection do not reflect conditions of modern armed conflicts. The author argues that, instead, the experiences of child soldiers suggest that international legal prohibitions on the involvement of children in combat provide vastly inadequate legal protection. The author relies in this respect on research on crimes committed against child combatants in Sierra Leone and the limitations of international humanitarian law in relation to the prosecution of those crimes. The author argues that in order to remain relevant and effective, new developments in the field of international humanitarian law must address dated and inaccurate distinctions, which act to preclude needed legal protection of those among the most vulnerable in wartime. 

Topics: Armed Conflict, Combatants, Child Soldiers, Gender, International Law, International Humanitarian Law IHL, Justice, International Tribunals & Special Courts Regions: Africa, West Africa Countries: Sierra Leone

Year: 2004

Addressing Gender-Based Violence in the Sierra Leone Conflict: Notes from the Field

Citation:

Teale, Lotta. 2009. “Addressing Gender-Based Violence in the Sierra Leone Conflict: Notes from the Field.” African Journal on Conflict Resolution 9 (2): 69-90.

Author: Lotta Teale

Abstract:

Sierra Leone’s transition has witnessed a number of landmark procedural and legal innovations which have had widespread implications for international gender justice. The 11-year conflict had shattered the country, leaving more than a million people displaced and thousands of women coping with the aftermath of sexual violence. Then, in 1999, the Lomé Peace Accord in 1999 traded amnesty for peace and made provision for the establishment of the Sierra Leone Truth Commission. The United Nations Security Council subsequently established a Special Court to prosecute those who bore ‘the greatest responsibility’ for atrocities committed during the conflict. However, while both the Truth Commission and the Special Court made some unique strides in promoting gender justice, the perception among gender activists is that both initiatives fell short in addressing the country’s gender-based human rights violations. Questions abound over the real impact of the Special Court, not least because there are issues over how much justice victims achieve through the prosecution of only those with command responsibility. Although the Truth Commission had a more far-reaching ambit and did confront some aspects of the country’s gendered past, its long-term impact has yet to be realised and its gender-sensitive recommendations have yet to be implemented. This article will assess Sierra Leone’s transition through an analysis of its successes and failures in addressing gender-based violations committed during the conflict and will examine how far gender justice has been achieved.

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

Year: 2009

Forced Marriage as a Crime Against Humanity: Problems of Definition and Prosecution

Citation:

Jain, Neha. 2008. “Forced Marriage as a Crime Against Humanity: Problems of Definition and Prosecution.” Journal of International Criminal Justice 6 (5): 1013–32.

Author: Neha Jain

Abstract:

Forced marriages are a pervasive feature of armed conflicts around the world, such as in Sierra Leone, Cambodia, Rwanda and Uganda. Despite forced marriage having been charged and recently affirmed as an international crime before the Special Court for Sierra Leone (SCSL), courts and commentators have paid little attention to examining its viability as a distinct category of crime in international law. This article analyses the SCSL's characterization of forced marriage as conduct subsumed within the category of other inhumane acts. It isolates the constituent elements of the crime of forced marriage through comparative case studies of Sierra Leone and Cambodia under the Khmer Rouge. The author addresses the issue of whether forced marriage can be distinguished from arranged marriages on the one hand, and sexual slavery on the other, to justify its prosecution as an ‘other inhumane act’ as part of crimes against humanity.

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

Year: 2008

Gender and Transitional Justice in Africa: Progress and Prospects

Citation:

Scanlon, Helen, and Kelli Muddell. 2009. “Gender and Transitional Justice in Africa: Progress and Prospects.” African Journal on Conflict Resolution 9 (2): 9-28.

Authors: Helen Scanlon , Kelli Muddell

Abstract:

During the past few decades, different models of transitional justice (TJ) have developed throughout Africa to try to address the mass human rights abuses that have occurred during conflicts. These mechanisms, both judicial and nonjudicial, have often failed to adequately tackle the extensive gender-based violence that has been prevalent on the continent. This article examines the ways truth commissions, legal mechanisms, reparations, security sector reform efforts, and traditional mechanisms in Africa have dealt with gender-based human rights violations. While recent African TJ mechanisms have been innovative in developing means to address crimes against women, these mechanisms continue to fail victims. This is in large part because the current discourse on gender and transitional justice needs to be broadened to better address women’s experiences of conflict. Future TJ initiatives need to re-examine the types of violations prioritised, and recognise the continuum of violence that exists in pre-conflict and post-conflict societies. It is also important to challenge the transitional justice field to stop reducing sexual-based violence to ‘women’s problems’, and explore how men are affected by the gendered dynamics of conflict.

Topics: Armed Conflict, Gender, Women, Gender-Based Violence, Justice, International Tribunals & Special Courts, Reparations, Transitional Justice, TRCs, Post-Conflict, Rights, Human Rights, Security Sector Reform, Sexual Violence Regions: Africa

Year: 2009

‘Other Inhumane Acts’: Forced Marriage, Girl Soldiers and the Special Court for Sierra Leone

Citation:

Park, Augustine S. J. 2006. “‘Other Inhumane Acts’: Forced Marriage, Girl Soldiers and the Special Court for Sierra Leone.” Social & Legal Studies 15 (3): 315–37.

 

Author: Augustine S. J. Park

Abstract:

The decade-long civil war in Sierra Leone gained international notoriety for the widespread use of child soldiers, and the sexual abuse and ‘forced’ marriage of girl soldiers. For the first time in international legal history, ‘forced marriage’ is being prosecuted as a ‘crime against humanity’ in Sierra Leone’s post-conflict ‘Special Court’. This represents an important step in advancing the human rights of girls, and follows a growing trend in international criminal prosecution of gender offences. Notwithstanding the significance of this indictment, international law is no panacea for the deeper inequalities and vulnerabilities that girls experience in peacetime and in wartime. This article advocates a specific focus on girls, who are often ‘disappeared’ under discourses of children and women. Moreover, using recommendations from Sierra Leone’s Truth and Reconciliation Commission, this article attempts to point to social and economic inequalities that must be addressed alongside criminal prosecution of gendered crimes against humanity.

Topics: Armed Conflict, Combatants, Child Soldiers, Female Combatants, Gender, Girls, Gender-Based Violence, Gendered Power Relations, Gender Equality/Inequality, International Law, International Criminal Law, Justice, Crimes against Humanity, International Tribunals & Special Courts, TRCs, Military Forces & Armed Groups, Militaries, Post-Conflict, Sexual Violence, Sexual Exploitation and Abuse, SV against women Regions: Africa, West Africa Countries: Sierra Leone

Year: 2006

Pages

© 2019 CONSORTIUM ON GENDER, SECURITY & HUMAN RIGHTSLEGAL STATEMENT All photographs used on this site, and any materials posted on it, are the property of their respective owners, and are used by permission. Photographs: The images used on the site may not be downloaded, used, or reproduced in any way without the permission of the owner of the image. Materials: Visitors to the site are welcome to peruse the materials posted for their own research or for educational purposes. These materials, whether the property of the Consortium or of another, may only be reproduced with the permission of the owner of the material. This website contains copyrighted materials. The Consortium believes that any use of copyrighted material on this site is both permissive and in accordance with the Fair Use doctrine of 17 U.S.C. § 107. If, however, you believe that your intellectual property rights have been violated, please contact the Consortium at info@genderandsecurity.org.

Subscribe to RSS - International Tribunals & Special Courts